The Attorney-General Tan Sri Gani Patail should take the policy decision not to appeal against the landmark decision yesterday by High Court judge Datuk Mohd Hishamudin Mohd Yunus in awarding Abdul Malek Hussin RM2.5 million in damages for having been unlawfully arrested, detained and beaten up while in police custody in 1998.
In ruling that Abdul Malek had succeeded in suing former Inspector-General of Police Tan Sri Abdul Rahim Noor, a police officer and the Government, Hishamudin said “The behaviour of the defendants is inhumane, cruel and despicable, as the plaintiff was not just arrested and detained unlawfully for 57 days but was also subjected to a vile assault, unspeakable humiliation, prolonged physical and mental ill-treatment”.
A policy decision by the Attorney-General not to appeal against the Hishamuddin judgment will set a shining example and send a clear message that the era of human rights has arrived in Malaysia and the police and all public servants must respect human rights.
A decision by Gani Patail to appeal against the Hishamudin decision can only mean that the Attorney-General himself and the government he represents is yet to “walk the talk” of respect for human rights and is still condoning human right violations by the police and public servants — making nonsense not only of the establishment of Suhakam but also of Malaysia’s calls for respect for human rights in international forums, including the recent statements of outrage by Malaysian leaders at the human rights violations and atrocities by the Myanmar military junta in the brutal suppression of the “saffron revolution” in Burma.
The Hishammuddin judgment had been long in coming, as human rights abuses in the form of physical violence and other forms of torture had been common treatment meted out to ISA as well as non-ISA detainees — which must be condemned in no uncertain terms and stopped forthwith.
The Internal Security Act in allowing indefinite detention without trial is itself a gross violation of human rights and should be repealed without delay — as there are adequate laws to deal with national security and law and order in the country.