exclusive A very good morning to all in this chamber. I wonder there is any sense of embarrassment in this panel in front of me. I have participated in the hearings of the Advisory Board from the beginning, but not because I recognise the legitimacy of this process.

After all, the Internal Security Act (ISA) is an illegitimate law; it is a piece of inhumane, unjust and unconstitutional legislation, and thus, no procedure within the ISA is legitimate. Indeed, my attendance has eventually proved that the board is just a farce.

'Worst sin'

During my last session o­n Dec 3, 2002, I submitted that my detention was illegal based o­n the ruling of the Federal Court o­n Sept 6.

The Advisory Board acknowledged the indisputable arguments by the Federal Court and unanimously recommended that my detention in Kamunting should be terminated immediately. o­ne would assume that it would have been the end of the drama o­nce the Home Minister duly accepted the recommendation and set me free.

Yet six months later, I am again called to face the same panel presided by the same chairperson, Zaki Husin. What is there for me to say? Rather, I should ask, what has the board had to say - about my case? And about its own role?

In my last presentation, I expressed my sympathy for the powerlessness of the Advisory Board. As I expected, the home minister has never respected the recommendation of the Advisory Board. Where is the dignity of this body?

It simply reaffirms that the function of this theatrical session is a way of window-dressing the draconian law.

The worst sin of those serving o­n this board is that you give an illusion of having power to decide the fate of ISA detainees, but in reality you are making a living out of deceiving the gullible and vulnerable souls of the innocent detainees.

'Invisible hands'

It would be wrong to say that I have nothing more to add o­n this matter. Truly, there are a lot more to be said. But I have no wish to further insult my honourable friends o­n the Advisory Board since their role is superfluous here.

The most powerful body in this room, it seems, is the Special Branch, represented by our friends sitting across the table o­n my left. I am thus obliged to address my speech to them, whose invisible hands are controlling the proceeding of this little sideshow.

The issue at hand now concerns more than my personal liberty - even though individual freedom is a sacred right which no power should arbitrarily violate. We are confronted with a matter of grave importance involving all citizens of the country.

The Special Branch, which has no formal existence in our legal system - not a clause in the ISA or any legislation mentions or defines the authority of the Special Branch - enjoys a power more supreme than the paramount body of the judiciary.

As we know, o­n Sept 6 last year, the Federal Court unequivocally pronounced my detention and that of Ezam Mohd Nor, Saari Sungib, Hishamudin Rais and Raja Petra Kamaruddin was mala fide and illegal.

Similarly, the Human Rights Commission (Suhakam) too has unambiguously rejected the detention without trial of political activists because it infringes the Universal Declaration of Human Rights and the Federal Constitution.

It also considers the ISA has deviated from its original purpose, and detainees under the ISA should either be freed or charged in an open court.

Nonetheless, the home minister has turned a deaf ear to the voice of all these bodies. Suhakam was established by an act of Parliament, and the commissioners were appointed by the government with the consent of the king. Yet its recommendations have been ignored.

The decision by the highest court in the country too has been ignored. It is o­nly logical to conclude that the minister's decision o­n the arrest o­n attention of detention solely relies o­n the Special Branch's assessment.

'Dark shadow'

For the Special Branch, security threats include any form of expressions or activity that is perceived as defying against or critical of the ruling regime. It is quite frightening to think, or rather to realise, that a troop of secret police is casting a dark shadow over our everyday life. It is amazing that these faceless and obscure functionaries have so successfully planted fear in the deep psyche of every single citizen in Malaysia.

They could seize anyone at any time without reason, inflict physical and mental torture and indefinitely imprison individuals without the need to show proof. We are not merely talking about the ISA - there are so many other laws which the Special Branch could use to silence the people.

The modus operandi of the Special Branch is to blind human conscience with fear. In a country which is supposed to be democratic, the masses cannot hold a gathering of more than four persons; academicians cannot published the findings of their research; publishers cannot print books; journalists cannot report the truth; students cannot think freely; workers cannot join a union of their choice; clerics cannot say certain prayers; opposition parties cannot speak out - virtually not a thread of our civil life is free from the tentacles of the Special Branch's intimidation.

It is common that our judges, politicians, intellectuals, civil servants and even business people are under surveillance of the Special Branch. My interrogation officers proudly proclaimed that the Special Branch monitors the activities of prominent opposition members, NGO activists, religious and community leaders, and knows everything about their public and private life. In short, the Special Branch respects neither privacy nor basic civil rights.

The authorities should stop fooling the people that the Special Branch is a law-enforcing agency, and that it is part of the police force. In truth, the Special Branch is not under the elected government of the land, instead it is the pillar holding up the government of the day.

The government often justifies its ruthless power by asserting that the people have given it their mandate through elections. This argument is invalid as our elections cannot be considered free and fair unless voters can genuinely exercise informed choice in a safe and peaceful atmosphere.

Elections have no meaning when the Special Branch can from time to time undermine the integrity of the legal system. The Special Branch needs no authorisation from the court to suppress social dissent. It also vigorously weeds out any political alternatives before they grow into strength equal to the ruling parties.

Rise of reformasi

The rise of reformasi and the co-operation of the opposition pact has gained enormous momentum and seriously shaken the authoritarian ruler. I believe, reformasi activists are not detained for organising demonstrations, but rather because we have proven to be viable force with a growing capability to dislodge the ruling coalition through both mass mobilisation and electoral means.

Peaceful assembly, or any form of mass protest, is a legitimate right of the people that is provided in the constitution. Thus I have committed no offence by participating in or organising mass gatherings. To date, there has been no evidence of violence or social disorder caused or intended by such mobilisation.

In a practising democracy, the right to free political expression, the right to information and the right to subscribe to any ideological doctrine are intrinsic to the right to vote. Therefore the restriction of these rights with repressive laws (including the ISA) is aimed to preserve the interest of the dictator.

In the 1999 general election, BN suffered a painful blow because substantial numbers of Malay voters who have traditionally been supportive of the ruling coalition (particularly Umno) switched to the opposition. The coalition of opposition parties, Barisan Alternatif, continued to garner support among multiracial voters. Within the span of 12 months, three by-elections were held and all indicated a trend of rising popular support for BA.

The government was even more alarmed when non-Malay voters too showed signs of steady swing against the BN. The victory of the opposition Parti Keadilan in the Lunas by-election held out the possibility that many BN strongholds could fall to BA. Lunas, was a typical mixed constituency that had been the bulwark of BN for generations. o­nly a few months prior to the by-election, a BN defeat in a seat of such nature was unthinkable.

'Ocean of fear'

Our real 'crime' is not that we are a threat to society, or to the security of the nation. Our imprisonment is purely due to our emerging potential to dethrone the dictator. I believe the pressure from the reformasi struggle has indirectly contributed to Dr Mahathir Mohamad's announcement of retirement. Yet our continued detention will serve to prevent the transition in the authoritarian system from being challenged by a mass movement.

The existence of the Special Branch clearly violates the principles of fair play in politics. This makes a mockery of democracy. It is misleading to say the Special Branch o­nly impartially executes the instructions of the government; and in turn the government is elected by the people. For all intents and purposes, the Special Branch is not accountable to the government transparently and openly. The organ actually directly serves the political interest of individuals in power.

Although these personalities are nominally elected by the popular voting, the people have no real say in decision making. In a system where the ruling elite makes all policies and decisions without permitting questioning and scrutiny by the people, the rituals of voting become meaningless. Worse still, when the ruling parties themselves shun all principles of democracy and participation, there is no channel for the people to intervene. And this is the case of Mahathir's leadership.

Mahathir (photo, left) has not allowed his post as party president to be opened for contest since the formation of Umno Baru in 1987 . Mahathir has declared his intension to relinquish his government and party position by the end of this year to Abdullah Ahmad Badawi (photo, right), who was hand-picked as his successor. Likewise, Abdullah was not elected to his post by the party's general assembly.

Shouldn't we, as citizens, feel frightened when we witness the supreme power to lead the nation is transferred between private hands? The ordinary people have no input into the political system. The individuals o­n top can then utilise all public institutions and state instruments to protect their power base. Meanwhile, the army of secret police is working round the clock to ensure that no contenders survive the brutally repressive political environment.

As I stand here today, I have not a single doubt that the authorities will continue to shut me up. The notorious ISA will continue to send chills into the spine of many citizens. The Special Branch, with it claws extended and with many pairs of vigilant eyes forever spying at every corner, is ready to strike at any slight movement that can be construed as a threat to the ruling power.

When this dark force prevails over the whole nation, terror seizes the soul of the general populace and prevents people from acting with conscience. At last, righteousness drowns in the deep ocean of fear.

Democracy too, is slowly suffocating to death.

TIAN CHUA is vice-president of Keadilan. He was arrested under the Internal Security Act - which allows detention without trial - o­n April 10, 2001. The speech above was presented to the ISA's review board panel o­n May 8 , 2003, as the two-year detention order is to expire o­n June 1.