HRC RESPONDS: Disappointed with the Federal Court decision on the HINDRAF habeas appeals
Wednesday, 14 May 2008 08:00pm
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
NO WAWASAN 2020 written by Tiew Way Keng,
Thursday, May 15 2008 07:47 am
Malaysia is not moving towards to achieve Wawasan 2020.
Tiew Way Keng
Time to walk again I say! written by Visvanathan Murugiah,
Thursday, May 15 2008 02:03 pm
I wonder when will we ever come to our senses that the ISA is going to stay and is going to continue to stay for a long time to come, lest we do something now.! Sending out press releases and statements, having forums etc is not going to solve this problem. Something more proactive has to be done.
To the HRC I say this. It is high time we organised a walk again. When we walk the whole world is going to give its undivided attention to us. I would like to think we have caused change before. Lets do it again.
I tell you enough pussy footing. It is time to send a clear , loud and unequivocal message to the powers that be, that repressive and obnoxious laws like the ISA will not be tolerated any more. The whole argument of national security is flawed and is a mere ploy to justify unjust detentions.
Charge them in a court of law or simply release all of them.
HRC are you up to it?
Visvanathan Murugiah
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The Committee is deeply disappointed with the 
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Malaysia is not moving towards to achieve Wawasan 2020.
Tiew Way Keng