Memorandum of GERAKAN MANSUHKAN ISA (GMI)
To National Human Rights Commission (SUHAKAM)
28th November 2007
On 18th October 2007, High Court judge Datuk Mohd Hishamudin Mohd Yunus in a landmark judgment ruled that Abdul Malek Hussin’s ISA arrest and detention for 57 days in 1998 were unlawful and further found that he was tortured while under police custody and awarded him RM2.5 million in damages. The judge in awarding exemplary damages to the plaintiff said that it was to show the court’s abhorrence against the gross abuse of power by the police and the use of the ISA.
Gerakan Mansuhkan ISA (GMI) believes that this case is significant as not only was this the first time that the court had awarded significant compensation to an ISA detainee for unlawful detention and abuse, the case also highlighted the serious abuses and torture that happened while under detention.
GMI wishes to highlight that in a shameful indictment against the police and the then Inspector General of Police Abdul Rahim Noor (and the government), the judge found that Malek Hussin had suffered and endured the following events while under police custody:
- arrest and detention were made in bad faith;
- denied access to his lawyer;
- nature of interrogation was clearly for a political purpose and had nothing to do with genuine concern for national security;
- stripped naked in an air-conditioned room and interrogated;
- blindfolded during interrogation;
- physically assaulted up to 60 times;
- beaten until he was unconscious;
- forced to drink urine and rancid water;
- subjected to sexual abuse;
- threatened with harm against his wife and family;
- threatened not to take legal action or to report on his ordeal.
In the hard-hitting judgment (copy is enclosed), the judge made a few important findings that GMI believes SUHAKAM should be concerned with:
(1) the existence of “torture chambers” and the need for SUHAKAM to investigate further;
(2) the torture acts committed by the police personnel that still go unpunished.
Besides these, it is also pertinent to note that Malek Hussin in his civil suit had managed to identify positively the police officers that interrogated, tortured, assaulted and humilated him. GMI is informed that other detainees have also identified the same in the past.
In view of the above, GMI calls on SUHAKAM to take this opportunity:
1. to utilize its powers to initiate investigations into the “torture chambers” including the conditions and policies that allow such torture to take place
2. to initiate investigations againsts the police personnel that perpetrated these torture acts
3. to urge the Government to release all ISA detainees or charge them in an open court due to the gross abuse of power under the ISA as evident in the judgment of Malek Hussin’s case
4. to urge the Government to heed SUHAKAM’s recommendations to abolish ISA
GMI is of the view that this judgment is a wake-up call for SUHAKAM to intensify its efforts to abolish the ISA as clearly it has no place in a modern, civil and democratic society. The ISA - the most obnoxious, shameful and draconian law in Malaysian history - creates a climate for torture and ill-treatment and must be abolished.
While this case is certainly a welcome victory for justice and human rights, GMI would like to remind SUHAKAM that currently there are still about 90 persons being detained under the ISA, of which at least 26 will reach detention period of six years in 2008.
Lastly, GMI also wishes to highlight to SUHAKAM that the worldwide concern for injustice and human rights abuses perpetrated under the ISA has recently been adopted by the Islamic Human Rights Commission (IHRC), an independent campaign and advocacy organization based in London (campaign pack is enclosed).
Release all ISA detainees!Abolish ISA!
Close Down Kemta!
Syed Ibrahim Syed Noh
Chairperson
Would like to have suggetions and comments on the above matter.
Feel free to email me at stands4justice@gmail.com so that we may know how many viewers agree with the above statements.
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