Digest on Malaysian News

The Internal Security Act 1960 (ISA) (Malay: Akta Keselamatan Dalam Negeri) is a preventive detention law in force in Malaysia. The legislation was inherited by Malaysia after it gained independence from Britain in 1957.

In essence, it allows for the arrest and detention of any person without the need for trial in certain defined circumstances. Malaysia is one of the few countries in the world whose Constitution allows for preventive detention during peacetime without safeguards that elsewhere are understood to be basic requirements for protecting fundamental human rights.

ISA facts
* Enacted in 1960
* Targets any person who "has acted, is about to act, or is likely to act in any manner prejudicial to the security of Malaysia"
* Police can detain anyone for up to 60 days without trial
* No access to lawyer during this period
* Further detention up to 2 years on approval of Home Affairs Minister

History of Malaysia ISA

Preventive detention first became a feature of the then Malaya in 1948 primarily to combat the armed insurgency of the Malayan Communist Party. The Emergency Regulations Ordinance 1948 was made, following the proclamation of an emergency, by the British High Commissioner Sir Edward Gent. It allowed the detention of persons for any period not exceeding one year. The 1948 ordinance was primarily made to counter acts of violence and, conceivably, preventive detention was meant to be temporary in application. The emergency ended in 1960 and with it ended the powers contained in the that ordinance as it was repealed. The power of preventive detention was however not relinquished and in fact became an embedded feature of Malaysian law. In 1960 itself, the government passed the Internal Security Act under Article 149 of the Malaysian Constitution. It permitted the detention, at the discretion of the Home Minister, without charge or trial of any person in respect of whom the Home Minister was satisfied that such detention was necessary to prevent him or her from acting in any manner prejudicial to national security or to the maintenance of essential services or to the economic life in Malaysia. The ISA is one of the most controversial Acts enacted under Article 149 of the Malaysian Constitution.

Section 8(1) of the ISA provides that ‘(i)f the minister is satisfied that the detention of any person is necessary …’ then s/he may issue an order for his/her detention. The three grounds given in Section 8(1) upon which the order may be based is where a person has acted in any manner prejudicial to the:

a) security of Malaysia or part thereof; or
b) maintenance of essential services; or
c) economic life.

The power to detain seems to be restricted by Section 8(1) to a period not exceeding two years but the restriction is really illusionary because, by virtue of Section 8(7), the duration of the detention order may be extended for a further period not exceeding two years and thereafter for further periods not exceeding two years at a time. The extension to the detention order may be made on the same ground as those on which the original order was based or on different grounds. In delivering the judgment of the Court, Steve L.K. Shim CJ (Sabah & Sarawak) in Kerajaan Malaysia & 2 Ors. v Nasharuddin bin Nasir (2003) 6 AMR 497 at page 506, has accepted that under Section 8 of the ISA the Minister has been conferred powers of preventive detention that ‘can be said to be draconian in nature’ but nevertheless valid under the Malaysian Constitution. In addition, preventive detention is also now allowed by the Dangerous Drugs (Special Preventive Measures) Act 1985 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969. The Human Rights Commission of Malaysia (SUHAKAM) has recently recommended that the ISA be repealed and replaced by new comprehensive legislation that, while taking a tough stand on threats to national security (including terrorism), does not violate basic human rights.

Article 149 of the Constitution of Malaysia under which a person may be detained is characterised by subjective language. Such terms as ‘substantial body’, ‘substantial number’, ‘cause to fear’, ‘excite disaffection’, ‘promote feelings of ill-will and hostility’, all embody wide areas of discretionary interpretation.

Article 151 of the Malaysian Constitution gives to any person detained without trial (under the special powers against subversion) certain administrative rights. By the terms of Article 151 the authority, on whose order a person is detained, shall, as soon as may be, inform the detainee of the grounds of detention and the allegations of fact on which the order is based. The detainee shall also be given an opportunity within three months, of making representations against the order to an Advisory Board . The Advisory Board as the name implies is not a court. Its determinations are also mere recommendations that the government is under no obligation to accept. It may also be handicapped in its deliberations by the discretionary power of the government to withhold facts, the disclosure of which would, in the executive’s opinion be against national interest.

Any person may be detained by the police for up to 60 days without trial for an act which allegedly threatens the security of the country or any part thereof. After 60 days, one may be further detained for a period of two years each, to be approved by the Minister of Home Affairs, thus permitting indefinite detention without trial. In 1989, the powers of the Minister under the legislation was made immune to judicial review by virtue of amendments to the Act, only allowing the courts to examine and review technical matters pertaining to the ISA arrest.

Detention

ISA detainees are typically held at the Kamunting Detention Center.

First 60 days

A person detained under the ISA during the first 60 days is held incommunicado, with no access to the outside world. Furthermore, lawyers and family members are not allowed access to the detainee during this initial period. If a two-year detention order is signed, the detainee is taken to the Kamunting Detention Centre to serve his or her two-year term, during which family members are allowed to visit. Otherwise, the detainee may be released.

List of known detainees as at 13 September 2008

For update list, see Aliran's ISA Watch

Name of Detainee
Position/ Organisation
Date of arrest
Current Status

Yazid Sufaat
Businessman, Kedah; alleged JI member,
9 Dec 2001
Sent to KDC on 30 Jan 2002. Detention order extended in Jan 2004

Suhaimi Mokhtar
Businessman, Kuala Lumpur; alleged JI
29 Dec 2001
Sent to KDC on 22 Feb 2002. Detention order extended by two years in Feb 2004.

Dr Abdullah Daud
Geo-info Lecturer, UTM Johor; alleged JI member
3 Jan 2002
Sent to KDC on 28 Feb 2002. Detention order extended by another two years in Feb 2006.

Shamsuddin Sulaiman
Asst. Accountant, Health Ministry; former ITM student; alleged JI member
17 April 2002
Sent to KDC on 13 June 2002; Habeas corpus rejected on 17 Feb 2004; transferred to an undisclosed police remand centre in KL on 11 June 2004; detention order renewed on 12 June 2004

Mat Shah Mohd Satray
Technician, Dewan Bahasa dan Pustaka, originally alleged to be KMM member, later alleged to be JI member
18 April 2002
Sent to KDC on 13 June 2002; transferred to an undisclosed police remand centre in KL on 11 June 2004; detention order renewed on 12 June 2004; Federal Court rejects habeas corpus appeal on 2 Feb 2005: files habeas corpus application in Aug 2006. Detention order extended again in June 2006 and yet again in June 2008.

Abdul Murad Sudin
Trader (rental of agricultural equipment), Teluk Intan, Perak; alleged JI member
16 Oct 2002
Sent to KDC on 2 Dec 2002; Federal Court rejects habeas corpus appeal on 2 Feb 2005; files habeas corpus application in Aug 2006.

Zaini Zakaria
Electrical engineer, ex-TNB and Malaysia Airports; helped set up Luqmanul Hakim religious school in Tanah Merah, Kelantan; alleged JI member
8 Dec 2002
Sent to Kamunting on 6 Feb 2003 - Detention no. 2580/03

Zainun Rashid
Foreign national; Alleged JI member
mid Dec 2002
Sent to Kamunting on 6 Feb 2003

Wan Amin Wan Hamat
Alleged JI member
2003
Sent to KDC effective 20 Mar 2003

Sulaiman Suramin
Businessman, Sandakan; Alleged JI member
5 June 2003
Alleged that he was stripped naked and mocked; Sent to KDC on 1 August 2003

Sufian Salih
Foreign national; alleged JI involvement
2003-2004
Sent to KDC on 28 Feb 2004; Filed habeas corpus application in Aug 2006

Mohd Khaider Kadran
Businessman, 38, allegedly "a leader of JI"
11 Jan 2004
Sent to KDC on 28 Feb 2004

Hasim Talib
Foreign national; alleged JI involvement
Dec 2003 - Jan 2004
Sent to KDC on 28 Feb 2004

Zakaria bin Samad
Alleged JI member; Indonesian national
2004
Sent to KDC on 30 Jan 2004

Ahmad Zakaria
Alleged JI member; Indonesian national
2004
Sent to KDC on 30 Jan 2004

Terhamid bin Dahalan
Alleged JI member; Indonesian national
2004
Sent to KDC on 30 Jan 2004

Abdul Rahman Ahmad @ Deraman Koteh
Alleged militant separatist of Thailand
5 Jan 2005
Sent to KDC on 4 Feb 2005

Mahfudi Saifuddin
Alleged JI member; Indonesian national
2005
Sent to KDC on 2 Aug 2005

Mulyadi
Alleged JI member; Indonesian national
2005
Sent to KDC on 2 Aug 2005

Arifin
Alleged JI member; Indonesian national
2005
Sent to KDC on 2 Aug 2005

Mat Tarmizi Zakaria
Foreign national; Alleged Thai separatist
2005
Sent to KDC on 9 Sept 2005

A Artas A Burhanuddin
Alleged member of "Darul Islam Sabah" from Tawau
16 Mar - 3 Apr 2006
Sent to KDC on 16 May 2006

Francis Indanan
Alleged member of "Darul Islam Sabah" from Tawau
16 Mar - 3 Apr 2006
Sent to KDC on 16 May 2006

Mohd Nazri Dollah
Alleged member of "Darul Islam Sabah" from Tawau
16 Mar - 3 Apr 2006
Sent to KDC on 11 May 2006

Mohd Arasad Patangari
Alleged member of "Darul Islam Sabah" from Tawau
16 Mar - 3 Apr 2006
Sent to KDC on 16 May 2006

Adzmi Pindatun
Alleged member of "Darul Islam Sabah" from Tawau
16 Mar - 3 Apr 2006
Sent to KDC on 16 May 2006

Idris Lanama
Alleged member of "Darul Islam Sabah" from Klang
16 Mar - 3 Apr 2006
Sent to KDC on 16 May 2006

Aboud Ghafar Shahril
Indonesian; Alleged member of "Darul Islam Sabah"
16 Mar - 3 Apr 2006
Sent to KDC on 16 May 2006

Jeknal Adil
Filipino; Alleged member of "Darul Islam Sabah"
16 Mar - 3 Apr 2006
Sent to KDC on 11 May 2006

Binsali Omar
Filipino (Malaysian PR); Alleged member of "Darul Islam Sabah"
16 Mar -3 Apr 2006
Sent to KDC on 11 May 2006

Husin Alih
Foreign national; Alleged member of "Darul Islam Sabah"
2006
Sent to KDC on 28 July 2006

Yussof Mohd Salam
Foreign national; Alleged member of "Darul Islam Sabah"
2006
Sent to KDC on 23 Aug 2006

Abd Jamal Azahari
Foreign national; Alleged member of "Darul Islam Sabah"
2006
Sent to KDC on 23 Aug 2006

Pakana Selama
PR status; Alleged member of "Darul Islam Sabah"
2006
Sent to KDC on 28 Sept 2006

Kasem Dayana
Foreign national; Alleged foreign agent
2006
Sent to KDC on 19 Oct 2006

Shaykinar Guat
Foreign national; Alleged member of Darul Islam
2006
Sent to KDC on 19 Oct 2006

Argadi Andoyok
Foreign national; Alleged member of Darul Islam
2006
Sent to KDC on 19 Oct 2006

Ng How Chuang
Alleged document falsification
2006
Sent to KDC on 30 Nov 2006

Ng Keat Seng
Alleged document falsification
2006
Sent to KDC on 30 Nov 2006

Mohd Azuan b Aniffa
Alleged foreign agent
2006
Sent to KDC on 18 Dec 2006

Mohd Faizol Shamsudin
Alleged foreign agent
2007
Sent to KDC on 20 March 2007

Zulfikli Abu Bakar
Alleged foreign agent
2007
Sent to KDC on 20 March 2007

Zulfikli Marzuki
Alleged JI involvement
2007
Sent to KDC on 20 March 2007

Amir Hussain
Foreign national; Alleged document falsification
2007
Sent to KDC on 28 April 2007

Mohd Nasir Ismail
Alleged JI involvement
2007
Sent to KDC on 30 May 2007

Ahmad Kamil Hanafiah
Alleged JI involvement
2007
Sent to KDC on 30 May 2007

Nuh Amir Hanafiah
Alleged JI involvement
2007
Sent to KDC on 30 May 2007

Tan Choon Chin
Alleged document falsification
2007
Sent to KDC on 12 Sept 2007

Mavalavan
Alleged foreign agent
2007
Sent to KDC on 22 Sept 2007

Lian Kok Heng
Alleged foreign agent
2007
Sent to KDC on 22 Sept 2007

Sundaraj Vijay
Foreign national; Alleged document falsification
2007
Sent to KDC on 18 Oct 2007

San Khaing
Foreign national; Alleged document falsification
2007
Sent to KDC on 18 Oct 2007

P Uthayakumar
Hindraf legal advisor; lawyer
13 Dec 2007
Sent to Kamunting Detention Centre on 13 Dec under two-year detention order

M Manoharan
Hindraf leader; lawyer
13 Dec 2007
Sent to Kamunting Detention Centre on 13 Dec under two-year detention order

R Kenghadharan
Hindraf leader; lawyer
13 Dec 2007
Sent to Kamunting Detention Centre on 13 Dec under two-year detention order

V Ganabatirau
Hindraf leader; lawyer
13 Dec 2007
Sent to Kamunting Detention Centre on 13 Dec under two-year detention order

T Vasanthakumar
Hindraf organising secretary; lawyer
13 Dec 2007
Sent to Kamunting Detention Centre on 13 Dec under two-year detention order

Shadul Islam
Not known
July 2008
Sent to Kamunting Detention Centre (ATP 2698/2008)

Abdul Sathar Mohammad Sarjoon
Not known
July 2008
Sent to Kamunting Detention Centre (ATP 2699/2008)

Faycal Mamdouh
Not known
July 2008
Sent to Kamunting Detention Centre (ATP 2700/2008)

Mahamad Nakhrakhel
Not known
July 2008
Sent to Kamunting Detention Centre (ATP 2701/2008)

Muhammad Shuaib Hazrat Bilal
Not known
July 2008
Sent to Kamunting Detention Centre (ATP 2702/2008)

Muhammad Zahid Haji Zahir Shah
Not known
July 2008
Sent to Kamunting Detention Centre (ATP 2703/2008)

Raja Petra Kamaruddin
Blogger (Malaysia-Today.net)
12 September 2008
Not known

Teresa Kok
Selangor (Seputeh MP) state exco member
12 September 2008
Not known
--------------------------------------

Related posts:
* Raja Petra Kamarudin, Teresa Kok and Tan Hoon Cheng Detained Under ISA
* Anwar Ibrahim Response To The ISA Detentions
* Human Rights News: Malaysia's Internal Security Act and Suppression of Political Dissent
* Amnesty International: Malaysian parliament should abolish Internal Security Act
* Amnesty USA: Malaysia: Internal Security Act used to punish human rights activists
* BBC News: Malaysia's fearsome security law

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