A group of 22 Internal Security Act (ISA) detainees filed a test case against the Election Commission (EC) in the Kuala Lumpur High Court today, seeking a declaration that they were denied their constitutional right to vote during the 11th general election.

The group, being held at the Kamunting Detention Centre in Perak, include suspected Islamic militants Yazid Sufaat (left) and Nik Adli, son of Kelantan Menteri Besar Nik Abdul Aziz Nik Mat. All are allegedly linked with Kumpulan Mujahiddin Malaysia and Jemaah Islamiah.

Edmund Bon, a lawyer for the plaintiffs, said the court would have to determine if the EC had denied the detainees their right to vote under Article 119 of the Federal Constitution, as well as under the freedom of expression provision of Article 10.

In their suit, the detainees claimed that their right to equal protection under the law had been breached as they are being held under a preventive security law since 2001, and had not been convicted by a court.

"They are unconvicted prisoners, so they should have been treated equally. Their status (in this regard) is guaranteed by Article 95 of the United Nations' standard minimum rules for the treatment of prisoners," Bon said.

Exemplary damages

The group is further seeking a court order to quash the EC's decision to disallow them from voting, and seeking unstated exemplary damages from the body for arbitrarily denying their constitutional and human rights.

Bon said the Abolish ISA Movement (a coalition of non-governmental organisations) had sent three letters to the EC on March 15, 17 and 20 respectively to "remind" officials that ISA detainees should be granted the right to vote.

"In the letters, the coalition asked the EC either to issue the detainees with postal ballot papers or to take them back to their respective constituencies to vote," Bon said.

However, he added that the EC did not reply to the requests.