(New York) -- Malaysia should charge or release nine detainees held under its harsh Internal Security Act (ISA) at the end of their two-year terms, Human Rights Watch said today. Extending the administrative detention, which is set to expire on September 23, will undermine possibilities for reform under Malaysia's new government.
The nine detainees have all been held without charge or trial since August 2001. Under the ISA, the government may hold individuals indefinitely, without having to present evidence of their alleged crimes in court.
Most of the nine detainees are members of the opposition Parti Islam SeMalaysia (PAS). The government has alleged that they have connections with the Kumpulan Mujahidin Malaysia (KMM), which it accuses of militant Islamic activity.
"If the government decides to continue detaining these men, that would highlight everything that is wrong with the ISA in Malaysia," said Brad Adams, executive director of the Asia division of Human Rights Watch. "Because of the secrecy of the process, no one outside the Malaysian security services knows what evidence there is against them. The government needs to give the detainees their day in court or release them."
There are indications that the arrests were politically motivated to weaken PAS. Among the nine detainees are Nik Adli, a PAS member and the son of senior PAS cleric Nik Aziz; PAS youth wing leader Noorashid Sakip; and PAS youth committee member Mohd. Lothfi Ariffin. The arrests came at a time when Prime Minister Mahathir Mohamad's popularity was declining and PAS was on the rise.
In the wake of the September 11, 2001 attacks on the United States, and the Bali and Marriott hotel bombings in Indonesia, the Malaysian government has used the specter of terrorism to justify its continued use of the ISA. Since 1960, Prime Minister Mahathir and his predecessors have used the ISA to silence political opponents, human rights advocates and others.
Under the act, the government can detain persons indefinitely without trial and limit an attorney's access to a client. Judicial review of decisions taken under the ISA are severely limited; appeals are handled by a notoriously weak advisory board, which may only make recommendations, and lacks the power to order the release of individuals who have been wrongly detained.
Over the past two years, the government has detained numerous alleged militants under the ISA. Roughly 100 individuals are now being held for their alleged ties to militant groups, including both KMM and Jemaah Islamiyah (JI), according to government sources. There are allegations of abuses against some of the detainees, including ill treatment while in custody and coercion during questioning.
"While there may well be some people in custody with ties to violent groups, they should be given a fair trial under Malaysia's criminal law, instead of disappearing into the black hole of the ISA," said Adams. "If Prime Minister Mahathir wants Malaysia to be a developed country by 2020, as he has said, he should not bequeath a draconian colonial era law to his successor."
Human Rights Watch urged Home Minister Abdullah Badawi, the Prime Minister-designate, to intervene in these cases and demonstrate that he is committed to making Malaysia a country that takes the rule of law seriously.
"The incoming prime minister needs to recognize the grave shortcomings of the ISA and begin the process of getting rid of it," said Adams. "Malaysia won't be able to make progress on human rights and the rule of law until the ISA is repealed."
