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Recent news of the detention of nine persons under the Internal Security Act (ISA) for their alleged involvements in the unlawful issuance of identity cards (including Mykads) raises two alarming issues.

One is the concern over the security measures surrounding the issuance and use of Mykads, a subject matter on which the Bar Council had on 2nd April 2004 expressed its concern in a press statement. While the technological convenience of Mykad was acknowledged, the Council had felt that there were inadequate safeguards against its possible abuse. Recent events reveal that problems have already arisen in respect of the process of its issuance. Even the purportedly most secured facility in the National Registration Department (NRD), its strong room, has fallen prey to breaches of security. Bearing in mind that safeguards in relation to the use of Mykads are understandably harder to provide than in respect of their issuance, the fears earlier expressed by the Bar Council appear to have been well founded, and should be addressed. The authorities must re-examine both the processes of the issuance and of the use of Mykad, and put in place adequate measures to prevent possible abuse as well as protect the privacy of its legitimate users.

The other alarming issue concerns, once again, the use of administrative detention against alleged perpetrators of a crime. Those responsible for a crime must of course be brought to justice. But justice is a process, like other processes, in which adequate and meaningful safeguards must exist in order for it to produce results that are fair, transparent and accountable. Justice can hardly be achieved in secrecy, without an open trial, and without affording adequate opportunity to the defence.

Separation of powers is not a theoretical ideal. It is a practical pre-requisite to a just and democratic society. It would, for instance, surely not be acceptable if judges are given powers of investigation like the police, powers to apprehend suspects, and thereafter to pass judgments on those apprehended as a result of the investigations. For the very same reason, administrative detentions are unacceptable, as the decisions to deprive those suspects of their liberty are made by persons from the same branch of government.

From reports, it is gathered that investigations into the scandal have been conducted over a few months. Sufficient evidence ought to have been obtained. The suspects should be either charged in court or released.

Dated 22nd February 2005

Kuthubul Zaman Bukhari
Chairman
Bar Council