The legal advisors of five Internal Security Act (ISA) detainees who are among the seven held over the past two days for allegedly trying to topple the government, filed applications at the Kuala Lumpur High Court today, seeking their immediate release.
Lawyer R Sivarasah told malaysiakini the court papers were filed at about 4.30pm and stated that the detentions were "illegal and immoral".
The five detainees are Saari Sungib, Keadilan vice-president Tian Chua, the party's Youth leader Ezam Mohd Nor, Free Anwar Campaign (Freeanwar.com) webmaster Raja Petra Kamaruddin and former student leader and malaysiakini columnist Hishammuddin Rais. Raja Petra was arrested yesterday morning while the rest were picked-up on Tuesday.
Sivarasah said the applications on behalf of two other detainees, Keadilan youth leaders N Gobalakrishnan, who was arrested in Langkawi on Tuesday night, and Abdul Ghani Haroon, arrested in Kuching, Sarawak yesterday morning, will be made at the Penang High Court tomorrow.
The habeas corpus applications were filed along with supporting affidavits, said Sivarasah, adding that it was made on the grounds that the detention was illegal and immoral.
"The ISA also denies the detainees access to their families and lawyers," he added.
Good test
Sivarasah noted the case will be a good test to the judiciary under the leadership of new chief justice Mohamed Dzaiddin Abdullah in handling human rights matters.
When asked on the chances of the applications being granted, Sivarasah replied there had been several cases in the past where habeas corpus applications were successful.
"Anyway, it is not about winning or losing the matter. We are filing this application to show that we don't accept detentions under the ISA," he said.
Yesterday, Inspector General of Police Norian Mai said the seven reformasi activists were detained under the ISA for planning to use militant tactics to topple the government including the use of bombs and grenade launchers.
He said a secret group made up of 20 reformasi activists was set up in Kuala Lumpur to realise their plan to topple the government and had met 12 times to plan ways on influencing the people to engage in mass street demonstrations and illegal assemblies using militant tactics as part of their campaign.
The families of those detained have denied this, stating that the seven were only involved in the committee which was formed to hand over a memorandum on human rights to the Human Rights Commission (Suhakam) on April 14 to mark the second anniversary of the conviction of jailed former deputy prime minister Anwar Ibrahim.
