Tuesday, April 29, 2008

Say No to Oppressive Laws!

I read with much scepticism of the Minister in the Prime Minister’s Department, Datuk Zaid Ibrahim’s recent statement that he finds the Internal Security Act (ISA) and Official Secrets Act (OSA) unacceptable. He was quoted in The Sun on April 29 (p.8) as saying that he is against any unjust and harsh laws which includes the ISA and OSA.

However, this was contradicted by the Home Minister, Datuk Seri Syed Hamid Albar, who said that such laws will not be abolished, as they are needed for the purpose of maintaining public order. In such a scenario between two conflicting statements, what would be the public stand of the Prime Minister? Would he seek to abolish such oppressive laws in the newly convened Parliament in agreement with his own Minister in his Department? Or would he seek not to, in the interest of the Home Minister’s recent remarks?

I would certainly not be surprised if Pak Lah remains defiant in not wanting to abolish the ISA and OSA, as it had served to protect BN’s interest for the past 51 years after Merdeka. After all, he was the one who authorised the detention of the Hindraf activists and accused them on baseless grounds of being a threat to national security.

The opposition and the vast majority of the general public have long seen the ISA to be a notoriously oppressive law. In the name of national security, the ISA has been used as a convenient political tool that allows for indefinite detention without trial. The ISA is an obnoxious piece of legislation that has no place in a democracy.

Former detainees have published horrifying accounts of their detention under the ISA where they have been subjected to solitary confinement without access to family members, lawyers and friends. Police interrogators have routinely subjected ISA detainees to physical and mental torture in order to 'turn them over’.

All this amounts to human rights abuses and a barbaric treatment of individuals who have never been tried, let alone convicted, in an open court. These acts of injustices are an obscene affront to human dignity and a mockery of democracy. They violate the teachings of all religions in our nation, because it has demeaned human life.

The ISA is an unjust law, where its so-called legal practices represent a crime against humanity. As always, the 'threat to national security' has been a flimsy catch-all excuse for not charging and trying so-called suspects in open courts.

How do you expect the continued existence of the ISA to foster a reformed democratic society when this oppressive law looms as an ever-present threat over the lives and liberty of ordinary Malaysian citizens? True democracy cannot mature when people are being threatened with detention without trial.

The basic principle of natural justice is that the accused must be given the right to be heard must be unconditionally upheld. I therefore sincerely hope that Datuk Zaid Ibrahim and Pakatan Rakyat will pressure the Federal Government in Parliament to immediately charge and try all ISA detainees in an open court or release all ISA detainees still incarcerated. Otherwise, there will not be any true legal reform as pledged by the Prime Minister, through the appointment of Datuk Zaid Ibrahim to be the de facto Law Minister, as this will only be a mere rhetoric.

1 comment:

Anonymous said...

You know I honestly think Zaid should resign from the position. He is fooling himself to think that he alone can make the changes. In fact, Abdullah is make use of his good name to fool Malaysian that the Government is trying to reform the judiaciary. Wasting time only..

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