PRESS STATEMENT

DATO’ HAJI FADZIL MOHD. NOOR
PAS PRESIDENT
1st AUGUST 2000

“REPEAL THE INTERNAL SECURITY ACT”

The rule of law and the principles of natural justice are the mainstay of a progressive, democratic and civilized society. In Malaysia, the hegemonic control of the ruling coalition, Barisan Nasional at the Federal level since Independence, saw a continuous amendments to the constitution that essentially impinged upon and has severely eroded basic freedoms and human rights. Specifically, Article 149 provides the constitutional legal basis for laws that justify detention without trial namely the Internal Security Act, ISA.

ISA when first enacted in 1960, was arguably intended to combat the threat and insurrection of the communist. It was an act to provide for the internal security of the nation, prevention of subversion and suppression of organized violence against persons and property. Indeed, it continues the legacy of the Emergency Ordinance of 1948 that similarly allows for detention without trial.

While the justification for its enactment may seem logical and noble, these various draconian acts namely the ISA, have innumerably been misused and abused by the powers-that-be. Eversince, thousands of Malaysians have become victims of this Draconian law. Many untold miseries and sufferings of victims and loved ones fell on deaf ears of the authority. The detention without trial generally operates in two stages – an initial detention of up to sixty days upon the authority of the police and then a two year renewable order by the authority of the Minister for Home Affairs. During the first sixty days, detainees are typically held in solitary confinement and denied any contact with lawyers. There continues to be reports of maltreatments of prisoners and detainees by the police both physically and psychologically. The famous Operasi Lalang of 1987 was a massive crackdown on opposition leaders, academicians, religious, social and environmental activists. The 90’s saw the detention of Al-Arqam leaders and the alleged ring leaders of the Reformasi Movements. Currently, the Al-Ma’unah members are all detained under the ISA.

PAS as a bona fide Islamic Political Party openly declares our most vehement protest against the continuing abuse and misuse of this diabolical law of ISA. Foremost in our argument hinges on the fact the ISA is in total contravention and loggerheads with the principle of justice as enshrined in the Islamic Jurisprudence of ‘innocent until proven guilty’. We similarly believe that, to truly establish a civil and democratic society, fundamental human rights as enshrined by the Universal Declaration, other international human rights instruments and the national constitution must be observed and respected. Everyone shall be entitled to the due process of law. No person shall be deprived of his rights and privileges nor be subject to condemnation or punishment until and unless he has been given an opportunity to defend himself to the full extent of the law and to be heard by a fair and impartial tribunal. It gives us great anxiety and agony to witness in this nation, a growing disregard for and massive erosion of the rule of law and principles of natural justice.

We therefore declare our undivided support for any laws which provide for detention without trial namely the ISA be completely and immediately repealed.

DATO’ HAJI FADZIL MOHD. NOOR
PRESIDENT OF PAS