Malaysia panel criticises detention law

KUALA LUMPUR, Malaysia -- Malaysia's draconian Internal Security Act and other laws where people can be held without trial should be reviewed in detail, the country's human rights panel has recommended.

"There are many laws in the country that restrict or infringe the basic human rights of its citizens," the National Human Rights Commission, known as Suhakam, said in its first report to parliament, made public on Thursday.

"They (the laws) need to be reviewed and examined in detail," the 13-member panel, comprising retired judges, ex-politicians and consumer and human rights advocates, said.

The ISA, introduced in 1960, was used last week to detain seven opposition activists said to have sought weapons and help from outside the country to try to topple the government.

Lawyers for the seven said the detention was a violation of their human rights because the ISA did not permit them to challenge police motives for the arrests.

Political arrests

Opposition leaders said the arrests were political because the seven were supporters of former finance minister Anwar Ibrahim -- in jail on charges he says were made up to thwart his challenge to Prime Minister Mahathir Mohamad.

Under the ISA, police can lock up anyone for 60 days and thereafter for another two years, if the government approves.

Suhakam joined Amnesty International and the Human Rights Watch in condemning the arrests of the seven activists last week.

"Detention without trial constitutes a fundamental human rights violation," the panel had said in a statement.

In its report, Suhakam noted that Malaysia's Emergency (Public Order and Prevention of Crime) Ordinance 1969 and the Dangerous Drugs (Special Prevention Measures) Act 1985 also allowed detention without trial.

No access is granted to lawyers unless the police consent.

Suhakam said there were arguments that the colonial-era ISA meant for communist rebels had outlived its purpose as there were other regulations that adequately covered security issues.

Mahathir said this week his government had no intention of amending the ISA. "It has served its purpose well," he said.

Suhakam said at the end of last year there were 40 people held under the ISA at a centre in Taiping, northern Perak.

The detainees included some activists fighting for the independence of the Indonesian province of Aceh, gunmen from a shadowy cult charged with stealing army weapons and counterfeiters of coins and security documents.

Suhakam was set up in April 2000 following years of criticism of Malaysia's human rights record. But it has no powers of prosecution.

Break up protests

Since it began work, Suhakam has been bombarded with complaints, particularly against police for disallowing opposition rallies and using force to break up anti-government protests.

Under Malaysian law on public assemblies, a police permit is required for a gathering of more than five persons.

To date, Suhakam's most high-profile work has been an investigation into alleged police brutality at a demonstration in November by Anwar supporters. The outcome of that inquiry has yet to be made public.

The panel reiterated its stand that peaceful assemblies and freedom of expression should be allowed in a democratic nation.

"The days of the communist threat and its method of infiltrating groups and movements to cause public disorder is over," it said.

Reuters contributed to this report.

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