The Federal Court's finding that the arrest and 60-day detention of the reformasi five under the Internal Security Act (ISA) was done in bad faith has positive implications on human rights issues in the country.

Human Rights Commission of Malaysia (Suhakam) chairperson Abu Talib Othman feels that as such, the police should heed the advice in the judgment and follow the proper procedures to prevent a recurrence, which is in effect a violation of human rights.

Last Friday, the four-member bench allowed the appeal of Keadilan Youth leader Mohd Ezam Mohd Nor, party leaders Tian Chua and Saari Sungib, malaysiakini columnist-cum-filmmaker Hishamuddin Rais and FreeAnwar.com webmaster Raja Petra Raja Kamaruddin for a writ of habeas corpus to declare their arrest and detention last April as unlawful.

In welcoming the court's decision, Abu Talib said the judgment served as "a lesson for the detaining authorities".

"I think that the judgment ensures the protection of human rights. The detaining authorities should take note of the judgment and follow the advice given there," he told reporters after the opening of a conference in conjunction with the National Human Rights Day today.

Raja Petra has since been released while Ezam is serving a two-year jail sentence at the Kajang Prison for committing an offence under the Official Secrets Act.

Meanwhile, two other Keadilan leaders, Dr Badrulamin Bahron and Lokman Noor Adam, were not named as appellants in Friday's appeal, but their lawyer R Sivarasa explained that the decision applies to both as they were arrested for the same reason and subjected to similar circumstances.

All of them were detained for allegedly wanting to topple the government through militant means, a charge which they have denied.

Decision speaks volumes

In his keynote address, Prime Minister Dr Mahathir Mohamad referred to the decision and said that the authorities had lost their case in pursuit of security implementation under the ISA.

"That decision speaks volumes in deflecting the hitherto unjustified and lopsided view that the judiciary in this country has been subject to an array of strident and biased comments from many a quarter.

"Some rights are certainly not right whilst some human rights are certainly not humanely just, especially so when seen in actual context and practice," he said.

The speech was delivered by Minister in the Prime Minister's Department Dr Rais Yatim.

The two-day conference attracted about 500 hundred local and foreign participants from various fields, diplomats and high-ranking government officials including the Inspector-General of Police Norian Mai. Suhakam's first chairperson Musa Hitam was also present.

On a related matter, Abu Talib, a former Attorney-General, said little inroads have been made through visiting the detention centres and interviewing detainees on the treatment they received from the authorities.

"As a result (of Suhakam's visits), we have been informed by the relevant authorities that (police) interrogations had been stopped from being held after office hours, like at 2am or 3am.

"We have also informed the IGP's office for a suitable date to meet. Hopefully, we can set one within this month," he said.

Among the issues to be discussed are the delays in starting investigations and cases where persons who have just been acquitted were rearrested and detained under another law, added Abu Talib.