The Internal Security Act ("ISA") has once again been used, this time in relation to 13 young Malaysians aged between 16 and 25. According to reports, they have been detained under the ISA for investigation into their alleged involvement in terrorist activities.
Terrorism is, without a doubt, abhorrent. The cruel and inhuman means employed by a terrorist (in disregard of the rights of others) is deplorable and unjustifiable, no matter how "right" the terrorist may feel about his own motive or objective. This is clear illustration that the end does not justify the means.
In combating terrorism, the same principle must apply. No matter how noble one holds the objective of fighting terrorism, and no matter how bona fide one may feel about one's own good intention, it does not justify one employing methods which disregard the fundamental rights of others; for the end again does not justify the means.
Hence, the Bar Council deplores the use of the ISA. There are ample existing mechanisms (such as under the Criminal Procedure Code) by which bona fide investigations into alleged criminal activities may be properly carried out. Resort to the ISA is not justified, and only goes to discrediting the battle against terrorism. One cannot legitimately claim to protect the human rights of a group of persons by trampling on the human rights of another group of persons.
Detention without trial is repugnant to the basic tenets of justice, and is no solution to the problem of terrorism. The history of the use and abuse of preventive detention laws in Malaysia has had a chilling and negative effect on its society. The Government today has openly advocated a wind of change. In order for this to truly happen, the old wind of ISA must stop blowing.
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International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
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.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
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.
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Circular No 110/2012: Seminar on Introduction to ICC Arbitration: An Insight into the 2012 ICC Rules
