machitam’s Blog

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ISA: Abuse of Human Rights and The Constitution

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In 1960, Hugh Hickling, a British Law Professor, was called upon by the then PM of Malaysia, Tun Abdul Razak to draft a Law The Internal Security Act or in short, ISA. This draconian Law allow to detain a suspected person without trial indefinitely. This law was to combat the remnant members of the outlaw Communist Party of Malaysia(CPM). Since then, the draconian Law evolved. Not only CPM members had fall victim but ordinary people and political opponents or enemy were detained. Except for the ruling political party, the opposition party, NGOs’ and prominent figures expressed virulent emotion against ISA. They wanted it to be abolished because it contravene the Human Rights Principle and the Constitution. It deny a person the rights of principle of natural justice. It against the Rule of Law.

When Hicklin was approached in 2001, he was suprised that the law still exist because the law was not use against terrorist threat but was used on ordinary rakyat and political opponent. CPM was no longer a threat. He stressed that the law was never aimed at politicians and ordinary people, noting that first prime minister Tunku Abdul Rahman(Malaysian first PM) had in 1987 also given an affidavit in court to this effect.

In March 2008 GE. , never in history, the ruling coalitions BN lost it two-third majority in the Parlimen. The impact was so great that it is likened to a Political Tsunami. This was due to re- emergence of Datuk Seri Anwar Ibrahim in the political scenario after ten years imprisonment as “prisoner of conscience

Anwar was the victim of a conspiracy orchestrated by the last PM Mahathir Mohamad, once Anwar’s mentor turned foe. ISA had evolved into a very powerful tool for ruling Barisan National (BN) gomen. ISA is so cruel that with a stroke of a pen a Home Minister can send anyone to be detained for 2 years without trial and Judicial Review. It gave him a power of as if he’s “God”. He can “order” the police to investigate  any person, friend or foe. No court of Law can stop him. The Home Minister can simply make a decision on a person that he is a threat to National Security. On  the stroke of a pen, you’ll lost  your rights and freedom.
The Year 2008, the aftermath of the political Tsunami. The gomen has lost it credibility. It has lost more than 50% support of the rakyat. The figure(support) keep on going down. Instead of rebuilding or initiating a reform plan, as suggested by Anwar, it had executed another blunder in another ISA crackdown. A blogger, Raja Petra Kamaruddin(RPK) the Editor of an online news portal Malaysi-Today, A politician, Theresa Kok, Member of Parlimen(MP-Lawmaker) and Tan Hoon Cheng, a journalist of a chinese newspaper Sin Chew Daily were detained.
This is alarming. These people have committed no crime. They were accused of inciting hatred among the multiracial rakyat. Ironically, Tan “crime” was to report an UMNO politician Ahmad Ismail had made a seditious racist remark on the chinese rakyat. While Ahmad was not even charge for seditious in court, let alone charge under ISA, Tan received the brut. After much pressure from the gomen partner MCA, Tan was realeased real quick i.e one day after she was detained under ISA. The “clowning” gomen after thought was that Tan was detained to protect her from..??%%. Guess what?
Theresa was released after the gomen could not stand feeling the heat. But damage had already being done.
RPK is a sensasional blogger with enormous resources and following. He had “exposed” police report, witness statements, Statute Declaration(SD), evidences and medical report of the Anwar of sodomy accuser, Saiful Bukhari and many others “infomation” which the mainstream media would not want to indulge with or reveal. He have one or more court cases hanging on his head. The most feared “infomation” of RPK is the disclosure of new evidences of the infamous Mongolian Altantuya Sharibu murder case. The evidences are reliable to implicate the Deputy Prime Minister(DPM) Mohd Najib Abdul Razak. Police had several attempts took statement, raided RPK home in a so call to “get” evidences on RPK “other” crimes but to no avail.
The Home Minister, as he had said after “much thought” i.e “study” the police investigation report found that there is a concrete evidence that RPK, a muslim himself, had insulted Islam and had caused “restlessness and tension” among the muslim community. But RPK had already given statement on the said article. Nobody had “actually complaint” on the article. The article merely point out the sheer hypocisy actions of the Islamic dept. and enforcement officers abusing their power in carrying out their duty. It showed that there exist ulterior motives and also political to detain RPK under the draconian law ISA.
There are also five more ISA detainee held at the Kamunting ISA Detention Center. They are the members of the Hindu’s Rights Action Force Movement(HINDRAF). They were held since early this year after they were acquited on charge of illegal assembly and inciting hatred among the Indian community. What they did was to expressed in a demontration on the unfair treatment of the gomen toward the Indian community.
After 51 years since Merdeka, there still exist sluring coming from the main party of the ruling coalition Barisan National( BN). While Opposition Leader, Anwar coalition Pakatan Rakyat(PR) is the first multi-racial and multi religious united front in Malaysia history. The ruling BN coalition is falling apart. The three backbone party of race based UMNO(malay), MCA(Chinese) and MIC(Indian) are bickering against each other. I would say, they don’t trust each other anymore because all along the “harmony” was built on a thin superficial not understanding but pack, you scratch my back I’ll scratch yours . Trust and understanding is important in a multi racial and multi religious Malaysia. In fact after 51 years, we should have reached our goals i.e racial unity. By now we should only be Malaysian. But the “arrogantness” of UMNO with it fantasy of “ketuanan Melayu” were the main cause of this failure.

The rakyat must push forward for change. We must make the right choice of “displacement” of BN. We must not let BN continue with ISA tyranny. They won’t barge on the pressure to abolish ISA. They are clinging onto power and abusing their power by using ISA against their political opponent. Malaysia has become the “pariah” nation within the international community. Investors are shying away not because of political instability but because of unwillingness of BN gomen to reform. The economy is in turmoil due to corruption and mismanagement.

Don’t let them continue…..we must takeover!

Where is SUHAKAM? Will someone wake them up! or they are also in fear of ISA?









Written by machitam

September 26, 2008 at 10:54 pm

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