The Human Rights Commission (Suhakam) is not against laws which allow preventive detention, said its chairperson Abu Talib Othman today.

However, he said what the commission has been calling for is that those detained under these laws be allowed to present their cases in court.

"The public must understand what is our recommendation ... detention without trial is contrary to human rights, but this depends on the situation in a (particular) country,' he said, citing Article 29 (2) of the Universal Declaration of Human Rights.

The Article recognises the necessity of restricting individual rights 'for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting just requirements of morality, public order and general welfare in a democratic society'.

"Fundamentally, the person detained must be given the opportunity to be heard, they should be charged, not detained indefinitely. That's the stance of Suhakam," said Abu Talib.

He was speaking at a press conference after the launching of the 2004 Malaysian Human Rights Day Conference, organised by Suhakam, at a hotel in Kuala Lumpur.

'Check and balance'

Minister in Prime Minister's Department Mohd Radzi Sheikh Ahmad, who officiated the conference, said the government and the commission can work together on the basis of 'check and balance'.

He said unlike Suhakam, the government has other responsibilities to address.

"Suhakam has its duty and we have ours. So it's good to have this check and balance," he told the press conference.

The minister also said that the government is making intermittent amendments to the Internal Security Act (ISA) in order to make it more 'friendlier' and 'transparent'.

Apart from the ISA, the Emergency Ordinance also empowers the authorities to hold suspects without trial.

In his opening speech earlier, Radzi said the global terrorism threat warrants the need for the government to use security laws such as the ISA.

He said that Malaysia came under fire for using such laws but after the Sept 11 terrorist attacks, even its critics started employing similar measures.

"Such measures have been adopted to preserve national security, which is undisputably one of the aims of good governance," he said.

He stressed that the rights of the individual cannot be allowed to supersede the sanctity and security of the majority.

"In some situations, the government has no option. Measures, which restrict the exercise of individual human rights, become necessary," he added.

Time needed

Participants, who were not given the opportunity to raise their questions earlier, later in the second session grilled another keynote speaker, Minister in the Prime Minister's Department Dr Maximus Ongkili.

Among others, he was told that the government should have listened to the views of many Malaysians and Suhakam who called for the repeal of the ISA.

Ongkili, who oversees national integration affairs, responded that he was not qualified to comment on the matter.

However, he said most of the ruling parliamentarians have read the recommendations in Suhakam's report but added that a 'little bit time' is needed for things to be rectified.