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Recent reports (on 10/4/03) of the recommendations submitted to the Government by Suhakam for the repeal of the Internal Security Act 1960 constitute very encouraging news. Suhakam has now given its considered opinion that Sections 8 and 73 of the ISA are provisions which infringe human rights principles, and that there are at present inadequate safeguards for the prevention of abuse of the power of detention without trial. Suhakam recognises the legitimacy of every government in wanting to protect and preserve national security, but immediately points out that any measures for that purpose must not (and need not) be incompatible with human rights values. The Bar Council supports these findings and views of Suhakam.

A prosperous, fair, democratic and secure society cannot exist in an environment which does not place human rights values in high status and priority. Thus, it is a misconception to think that, in addressing issues of national security, it may become justifiable to employ a draconian measure which is incongruent with human rights principles; for such measure is itself an oblique threat to national security.

The recommendations by Suhakam will effectively do away with detention without trial in this country, something which is long overdue and which the Bar Council has been advocating for a long time. However, the suggestion  of replacement with a new anti-subversion law must be considered with extreme caution. While the Bar Council appreciates the need in a criminal law system for the power of detention for genuine investigative purposes, such power can only be supported if it is accompanied by fair procedures, adequate safeguards against abuse, and the effective availability of judicial process or review. In other words, there must again be full respect for human rights in the conferment and exercise of such powers. The Bar Council sees the recommendations of Suhakam in this aspect (such as the proposal for closer judicial scrutiny) as a move in the right direction. Steps must be taken to ensure that the  balance between legitimate public security concerns and fundamental liberties is fairly struck not merely in theory but also in practice. The Bar Council will support and work with Suhakam towards achieving this end.

The Bar Council notes with concern Suhakam's lament on the Government's  slow  response to its reports on various issues. The Bar Council urges the Government to illustrate its avowed concern with human rights by speedily and positively responding to Suhakam's recommendations on these issues, including the repeal of the ISA and the ratification of the relevant international covenants and conventions as so unarguably pointed out by Suhakam. In this connection, the Bar Council welcomes the response from Datuk Seri Utama Dr. Rais Yatim that the Law Coordination Committee has been revived and will be studying Suhakam's views. What should follow is expeditious action in implementing those views without further delay.

Dated this 12th day of April 2003

HAJI KUTHUBUL ZAMAN BUKHARI
Chairman