Recently there has been renewed discourse amongst Malaysian Bar members about
the legality, ethics and necessity of preventive detention laws, in particular
the Internal Security Act 1960 (ISA).
While there are currently more than 70 ISA
detainees held in the Kamunting Detention Camp (some held in excess of 6 years
already), it is the most recent of detentions which have perhaps touched us the
most: 4 members of our own legal fraternity, detained due to their involvement
with the Hindu Rights Action Force (Hindraf).
Without attempting to detract from the importance of a healthy legal debate on
this issue, I thought I would share my perspective on the human aspects of the
matter.
I set foot in the Kamunting Detention Camp for the first time on Wednesday 30
January 2008 accompanied by 8 other members of the Bar (Ragunath Kesavan, Lim
Chee Wee, George Varughese, Edmund Bon, Arumugam a/l Kalimuthu, Chan Weng Keng,
Dipendra Harshad Rai and Ravindra Kumar) on a Human Rights Committee (HRC)
initiative to address the Bar’s growing concern for the ISA detainees, and the
HRC’s continued monitoring of the detainees. I must admit that at the time, my
motivation for ‘tagging along’ was more out of curiosity than anything else.
After a 3–hour drive from Kuala Lumpur, we had to wait about 15 minutes to
‘check–in’ at the Detention Centre’s outer gate and had to endure another 2
hours of waiting outside the main entrance while security personnel informed us
that they ‘needed to verify whether their Head had been informed of our visit’
even though telephone calls had been made and letters detailing our intention
had been sent since early that week. When we were finally allowed entry, we were
first informed that we would not be allowed access to the 5 Hindraf detainees
since our documentation did not state that we were lawyers appointed to
represent them. We were also told we would be given a mere 1 hour to meet with
the other detainees who are alleged to be involved with Jemaah Islamiah (JI).
The office bearers of the Bar Council: Ragunath and Chee Wee with Ravindra Kumar
then demanded to speak to the most senior officer at the Detention Centre to
address this issue. After explaining that they represented the Bar Council on
official business, requiring to discuss with the 4 Hindraf detainees who were
members of the Bar concerns regarding their legal practice, the officer relented
and the 3 of them would be allowed to see the Hindraf 5 while the rest of us met
with the other detainees. The rest of us were subsequently allowed access to the
Hindraf 5, a change of heart which none of us questioned.
While Ragunath, Chee Wee and Ravi were brought to a room on the ground floor,
the rest of us were led through a school–like building to a room on the first
floor. While waiting for the JI detainees to arrive, I took the opportunity to
view the rows of single–storey rectangular barracks surrounded by barbed–wire
fences and reflected on its general quiet and gloom. Upon arrival, the JI
detainees, accompanied throughout by 4 security personnel greeted Edmund Bon as
a familiar face exclaiming their frustration that he and other lawyers did not
manage to find the time to visit them more often, since this would be a welcome
break from their daily routine. They were evidently pleased to see such a good
turnout of visitors this time and were even more excited when we announced that
we would be buying them lunch from the Centre’s canteen (which they informed us
was otherwise a mere weekly opportunity for them, since otherwise they had to
contend with the regular bland 3 daily meals). After dealing with preliminary
questions on their detention status and legal efforts on their behalf, the JI
detainees chatted with us, relating their experience in detention.
It was very apparent that the JI detainees (a few of whom had recently received
their detention renewal notice extending their already 4 year incarceration for
another 2) were almost resigned to their plight. They explained that as
conscientious objectors, their refusal to sing the National Anthem ‘Negaraku’,
as was required at the camp every morning, was one reason for their continued
detention. It soon dawned on me that many of them were ‘prisoners of
conscience’.
It naturally touched me when the detainees related how much they missed their
wives, children and families, since visits were infrequent due to cost
considerations, and short, as per the Centre’s visitation rules. When they saw
we brought notepads and pens, they eagerly asked if they could keep them after
the visit, since no writing materials were provided to them. Their excitement
when the ordered food arrived was very telling of how such simple pleasures were
rare indeed. When I inquired how they spent their time, the detainees related
that they were given a few hours daily to exercise in the enclosed yard, playing
simple games and given access to free–to–air TV and the library. To my
subsequent query of what books were available, one of the more senior detainees
immediately exclaimed: “Please bring some books on your next visit, I’ve read
almost all the books in our small library”.
The Hindraf detainees looked weary and tired upon recovering from a recent
hunger strike. They have started to have beards, and were cheerful to see us,
eager to hear about what was happening outside Kamunting.
Though brief, the visit was certainly a humbling and eye–opening experience for
me.
It shamed me that I took my own unrestrained freedom for granted. I had the use
of a car to move around freely, play with my children, spend time with friends,
surf the internet, visit the cinema, play tennis and swim, read any number of
novels and books of my choice, and am able to go on a holiday anytime. Upon
further reflection, the things that I had previously considered a daily grind of
my professional practice: attending court, meetings with clients, answering
telephone calls and e–mails, attending numerous Bar committee meetings and
events, are actually a pleasure that I had never truly appreciated.
It was clear that there was so much that we could do to ease these detainees’
quiet suffering: awareness campaigns, fundraising for the benefit of the
detainees’ dependents and used book drives, to name a few. Furthermore, since it
has been documented that the family members suffer great emotional trauma after
visiting their loved ones, it is imperative that members of the Bar, in exercise
of our civic duty, at least contribute by organising frequent scheduled visits
to the detainees, on a rotation basis.
In addition to the legal battle and policy lobbying, efforts by the Bar Council
are on–going to address these concerns, in cooperation with the Gerakan
Memansuhkan ISA (GMI). Resolutions are also sought to be passed at the upcoming
AGMs pertaining to this issue.
However, none of these efforts can achieve fruition without foremost having the
awareness, support and resolve of our members. You can care and make a
difference!