Some support it, while others call for its abolishment. Each with their own
justification. It was therefore fitting that the Human Rights Committee of the
Bar Council (HRC) together with Gerakan Mansuhkan ISA (GMI) and the Kuala Lumpur
and Selangor Chinese Assembly Hall Civil Rights Committee (CRC-KLSCAH) organized
a forum entitled “ISA: Mansuh atau Pinda”. It took place between 8.00 and
10.30 pm yesterday, 17 June 2008.
The panellists were Dato’ Ambiga Sreenevasan (President of the Malaysian Bar),
YB Tian Chua (MP Batu), Syed Ibrahim Syed Noh (Chairman of GMI) and Puan
Norlaila Othman (wife of ISA detainee Mat Sah Satray).
With Fadiah Nadwa Fikri as the moderator, the forum kicked off at 845pm after a
brief welcome speech by Puan Aliza Jaafar, the wife of YB Saari Sungib, and
ex-detainee and Puan Norlaila Othman, whose husband is Mat Sah Satray, currently
detained at Kamunting under the ISA. Fadiah explained the historical background
that led to the introduction of the ISA into the Malaysian landscape. She then
turned to Dato’ Ambiga and asked her opinion on the Bar Council’s position with
regard to ISA.
Dato’ Ambiga said that the Malaysian Bar was in full support of repealing the
ISA. In its effort to support the campaign to abolish the ISA, the Malaysian Bar
has passed many resolutions and organized forums to debate the relevancy of the
ISA. She then made reference to the recent decision by Justice Hishamudin Yunus
in Abdul Malek’s case. What was peculiar about this case, she said, was that the
court had awarded Abdul Malek exemplary damages, which clearly showed the
judiciary’s attitude towards the ISA.
Madam President then went on to inform the audience that the Malaysian Bar had
been making forthnightly trips to Kamunting to visit the detainees. She talked
about her personal experience visiting the detention camp where she saw what the
ISA detainees had to go through. She went on to suggest to YB Tian Chua that
Members of Parliament should also make the trips down to Kamunting to see and
understand the pain that the families of the ISA detainees had to go through.
Madam President concluded by stressing that the provisions in the ISA go against
the rule of law.
Fadiah then turned to YB Tian Chua and asked him, as a political activist who
had experienced detention under the ISA, whether there is a tool to enhance the
ISA.
YB Tian Chua started by stating that there is no debate in relation to the
topic. He said that if Datuk Zaid Ibrahim (Minister in the Prime Minister’s
legal department) was present at the forum, he would be prepared to discuss this
topic. He said that in a civil society there is no argument to maintain the ISA.
He believed that there is no space to enhance the ISA. YB then referred to the
recent general election results where he said that the rakyat had given clear
signals to the government that they are not happy with any draconian
legislation. He said that the government failed to read these signals and made
no attempt to abolish the ISA. He went on further to say that the ISA is not an
effective tool to reduce the crime rate.
The next speaker that Fadiah called on was Syed Ibrahim. She asked him to share
his experience with regard to GMI’s efforts to call for the abolishment of the
ISA. Syed Ibrahim mentioned the 3 main opinions with regards to the ISA: those
who support the ISA, those who call for its repeal, and those who are unsure
whether to support or abolish the ISA. He presented a slide on the overview of
the campaign where he produced some quotes from politicians. One of it was by
Lim Guan Eng, who said, “Detention without trial is in violation of the rule of
law, human rights and principles of democratic government”. The audience fell
silent when he showed sketches of ISA detainees being tortured during
interrogation.
The final speaker that Fadiah invited was Puan Norlaila Othman, to narrate her
own personal experience as a victim of the ISA. Puan Norlaila said that, as a
wife of an ISA detainee, she felt like a hopeless object when the authorities
took her husband away. The family lost their source of income and she had to
depend on other people for support. It was harrowing to listen to her speak
about how her children missed their father, and had to face the humiliation of
explaining to their friends why their father is being detained in Kamunting. She
further talked about her anti-ISA campaign which includes letter writing,
postcard signing and online petition.
After all the speakers had finished giving their views on the topic, Fadiah
invited the audience to participate in a short question and answer session. One
person posed a question to YB Tian Chua and asked him how committed are Pakatan
Rakyat to the campaign for abolishment of the ISA. YB Tian Chua confirmed that
abolishing the ISA is part of Pakatan Rakyat’s commitment. To a query by another
audience on the effect of the anti-ISA campaign by GMI, Syed Ibrahim said he was
unsure of the effect, but said that the effect can only be gauged from the
support from the public.
From the sentiments expressed by the speakers, there was clearly a general
consensus in favour of repealing the ISA. Fadiah ended the forum by quoting
Margaret Meade, “Never doubt that a small group of committed citizens can
change the world, indeed it is the only thing that ever does”.
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Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
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Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.