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Contributed by the Human Rights Committee

The Committee is deeply disappointed with the decision of the Federal Court on 14 May 2008 dismissing the habeas corpus appeals of Manoharan a/l Malayalam, Uthayakumar a/l Ponnusamy, Kengadharan a/l Ramasamy, Ganabatirau a/l Veraman and Vasantha Kumar Krishnan currently being detained without trial under the Internal Security Act 1960 (“ISA”).

We recall the Bar’s resolution of 27 November 1987 that the detention of persons without trial as provided for by the ISA is in violation of the rule of law, human rights and the principles of democratic Government.

The lack of proper judicial review on the substantive merits of the detention is also a cause of great concern, since by its express terms the ISA only allows the Court to review the technicalities of the procedure utilised by the Minister to make the detention order.

The Committee is surprised that despite wide-ranging penal legislation including new provisions on counter-terrorism in the Penal Code, Malaysia continues to invoke laws which allow for the detention of persons without trial such as the Internal Security Act 1960, Emergency (Public Order and Prevention of Crime) Ordinance 1969 and Dangerous Drugs (Special Preventive Measures) Act 1985.

Malaysia, as a member of the United Nations Human Rights Council, is obliged to uphold the underlying values of international human rights law as set out in inter alia the Universal Declaration of Human Rights 1948 and International Covenant of Civil and Political Rights 1966. This obligation includes ensuring that the due process of a free, fair and public trial is granted to every person accused of penal offences. Should there be insufficient evidence to be brought before a court of law, no person may be incarcerated or his/her liberty curtailed based solely on Executive discretion or decision.

We reiterate that in line with the Government’s goal to foster and develop a mature democratic nation by the year 2020, the Government is now duty-bound to repeal all draconian laws which allow for the detention of persons without trial such as the Internal Security Act 1960, Emergency (Public Order and Prevention of Crime) Ordinance 1969 and Dangerous Drugs (Special Preventive Measures) Act 1985. All detainees held without trial must be immediately and unconditionally released and where appropriate, prosecuted in a court of law.

Dated this 14th day of May 2008
Human Rights Committee
Bar Council

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