Two rights groups have commended the Human Rights Commission of Malaysia (Suhakam) for suggesting the repeal of the Internal Security Act (ISA), particularly the sections allowing for detention without trial.

In separate press statements today, the International Movement for a Just World (Just) and Penang-based social reform movement Aliran said the commission's stand rightly shows that detention without trial is a violation of basic human rights.

Opposing views

While o­ne organisation considered Suhakam's recommendation for a new security law to be put in place to be "reasonable", the other found the idea "disturbing".

According to Just, the anti-subversion law proposed by Suhakam to replace the ISA merits serious consideration by the government.

"The proposed law contains various safeguards aimed at protecting the rights of the individual while ensuring that the security of the community and the nation is upheld," said its president Dr Chandra Muzaffar (left).

Chandra explained his view by referring to the commission's recommendation for courts to be allowed to extend the period of detention by a maximum of seven days each time and not more than 29 days in total.

"What this means is that if the police cannot gather enough evidence within a 29-day period to prove in a court of law that the detained person has committed an act of subversion, he should be released," he said.

"On the other hand, if the police have incontrovertible evidence of the person's involvement in subversion, he can be charged under regular laws of the land. In this way, neither national security nor human liberty is jeopardised."

Uncertain safeguards

Aliran, however, expressed reservations over the provisions, citing the courts' less than "pro-active approach in protecting the basic rights of citizens".

"Such concern is not unwarranted. If past practice of extending remand periods is any guide, extensions are likely to be granted readily and easily without demanding strong grounds for extension," the movement said.

Abuse of the law has exposed that extensions have been obtained not to facilitate investigation, but as punitive measure, it added.

Furthermore, Aliran expressed concern over Suhakam's recommendation for the new law to be modelled after the US Patriot Act 2001 and other post-Sept 11 legislation.

"These laws have been widely and deservedly criticised for violating human rights and civil liberties in the countries concerned," it said.

On Wednesday, Suhakam had made public its long-awaited review of the ISA and declared the law to be that "adversely affected the status of human rights in Malaysia".

The commission proposed for the government to consolidate all laws pertaining to national security into o­ne statute with clearly spelled out offences so that the government's tough approach to national security matters would not contravene international human rights principles.

As a shorter term measure to limit abuses of the ISA, the commission suggested a clear definition of detention criteria under the law, and a reduction in detention periods from two years to three months, after which the detainee should be released or charged in a court of law.