What he has done now by using the ISA (a detention without trial law) is to again negatively tarnish the image of Malaysia in the eyes of the international community.
The normal procedure, based on my opinion, is that a person is first arrested by the Police for up to a maximum of 60 days - and during this time there is allegedly investigations done and the Home Minister then hopefully do consider the results of the investigation and only thereafter when"is satisfied that the detention of any person is necessary". Note that section 8 provides for also other possibilities like restriction orders (the imposition of restrictions and conditions), which will be used in place of detaining a person.
In this recent arrests, from the Star report, it seems that the PM had already signed the Detention Order under section 8. Just too fast - too draconian - he did not even take time to consider - he seems to be acting by reason of emotions not reasonable considerations.
Immediately and unconditionally release all those arrested and detained under the ISA and other laws that allow for Detention Without Trial. Abolish the the ISA and other laws that allow for Detention Without Trial.
No one should be deprived his liberty without being accorded an open and fair trial, with the full right to defend himself.
In this case, most of them have already been charged in court and have claimed trial. I wonder whether there was any other reason for their arrest - that is not reasons for which they have been charged with. I wonder....
"73. Power to detain suspected persons.
(1) Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe -
(a) that there are grounds which would justify his detention under section 8; and
(b) that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof.
(2) Any police officer may without warrant arrest and detain pending enquiries any person, who upon being questioned by the officer fails to satisfy the officer as to his identity or as to the purposes for which he is in the place where he is found, and who the officer suspects has acted or is about to act in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof.
(3) Any person arrested under this section may be detained for a period not exceeding sixty days without an order of detention having been made in respect of him under section 8:...."
"8. Power to order detention or restriction of persons.
(1) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years.....
(5) If the Minister is satisfied that for any of the purposes mentioned in subsection (1) it is necessary that control and supervision should be exercised over any person or that restrictions and conditions should be imposed upon that person in respect of his activities, freedom of movement or places of residence or employment, but that for that purpose it is unnecessary to detain him, he may make an order (hereinafter referred to as a restriction order) imposing upon that person all or any of the following restrictions and conditions -...."Thursday December 13, 2007
Five Hindraf leaders detained under ISA (2nd update)
PETALING JAYA: Five Hindu Rights Action Force (Hindraf) leaders have been arrested and detained under the Internal Security Act (ISA).
The five are P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabatirau and T. Vasanthakumar. They were picked up at various locations in Selangor, Kuala Lumpur and Seremban.
It is learnt they were detained under Section 8 (1) of the ISA after Internal Security Minister Datuk Seri Abdulah Ahmad Badawi signed their detention order.
Their detention is for two years.
Uthayakumar and two others namely Ganabatirau and P. Waythamoorthy were charged under the Sedition Act on Nov 23 in Klang 23 for allegedly making speeches to incite hatred at a gathering in Batang Berjuntai, Selangor, on Nov 16. Waythamoorthy is currently overseas.
Under Section 73 (1) of the ISA, the police can detain any individual for up to 60 days without a warrant, trial and without access to legal counsel if he was suspected to have “acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof."
After 60 days, the Minister of Home Affairs can extend the period of detention without trial for up to two years, without submitting any evidence for review by the courts, by issuing a detention order, which is renewable indefinitely.
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