Posted on by Kit

Repeal of pernicious and draconian ISA long overdue but new replacement of security laws raise grave concerns about human rights abuses

The tabling of the Security Offences (Special Measures) Bill 2012 to repeal the 52-year Internal Security Act which vests pernicious, draconian and undemocratic detention-without-trial powers on the Executive which could be extended every two years is welcome as it is long overdue.

This is the victory of the decades-long struggle for democracy and human rights which have been waged by patriotic Malaysians cutting across race and religion, many paying a heavy price in terms of personal liberties – culminating in the pledge by the Pakatan Rakyat for the repeal of the ISA.

However, the replacement of the slew of new security laws in the four bills presented to Parliament, namely the Security Offences (Special Measures) Bill 2012, the Penal Code (Amendment) Bill 2012, the Criminal Procedure Code (Amendment) (No. 2) Bill 2012 and the Evidence (Amendment) (No. 2) Bill 2012 raise grave concerns about new human rights abuses which must be met and addressed by the Prime Minister, Datuk Seri Najib Razak if Malaysia hopes to approximate to be “the best democracy in the world” – practising “a functional and inclusive democracy where public peace and prosperity is preserved in accordance with the supremacy of the Constitution, rule of law and respect for basic human rights and individual rights”.

The Internal Security Act has stunted the growth of democracy in Malaysia. What is there to guarantee that although the ISA powers of indefinite detention-without-trial is repealed, the new provision limiting detention without charge to 28 days “for purposes of investigation” without judicial review will not be the new bane for democracy and human rights in Malaysia?

Several proposals in the new bills have adverse impacts on fundamental human rights particularly with regard to personal liberty and privacy as well the rule of law.

These include the powers to the police to impose electronic monitoring devices on individuals released from detention, delays of 48 hours before the suspect has access to a lawyer, and powers to police to make an arrest without a warrant if the officer merely “has reason to believe” that the person may be involved in security offences, many of which are vaguely defined.

The Security Offences Bill also provides for trials with secret witnesses, unlawfully obtained evidence and continued detention of those found not guilty.

Of great concern is the new offence created by the Penal Code Amendment Bill under section 124B – “Activity detrimental to parliamentary democracy” where “Whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy shall be punished with a imprisonment for a term which may extend to twenty years”.

Section 124C provides for a jail sentence “which may extend to fifteen years” for the offence of “Attempt to commit activity detrimental to parliamentary democracy”.

This is followed by five other sections on offences relating to “activity detrimental to parliamentary democracy, ranging from “printing, sale, etc. of documents”, “possession of documents”, “importation of document and publication”, “posting of placards”, “receipt of document and publications”, all carrying hefty penalties of maximum jail terms from five to ten and even 15 years.

Section 130A (a) defines “activity detrimental to parliamentary democracy” as “an activity carried out by a person or a group of persons designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means”.

These new-fangled offences relating to “activity detrimental to parliamentary democracy” with their heavy penalties constitute grave threats to the healthy growth and development of democracy and human rights in post-ISA Malaysia – especially with the unreformed key national institutions like the judiciary and police which have yet to regain public confidence in their independence, integrity and professionalism.

15 Replies to “Repeal of pernicious and draconian ISA long overdue but new replacement of security laws raise grave concerns about human rights abuses”

  1. Wot fools! Two things umno never realise. Maybe too arrogant to acknowledge. Perhaps too stupid even. (1) A dying rotten ruling party will die no matter how hard it struggles to keep itself alive. (2) The new provisions in the respective Acts once passed and gazetted into law would apply equally well to the fallen umno sooner or later. So thank you umno for sharpening the knife. Thank you so much!

    JIB JIB BOLEH.
    ROS ROS CANTIK!

  2. Najib need fools and to fool as many Malaysians he can.
    Mamak had the hypocritical crying act.
    Najib cannot act. He knows only how to bribe…tricks and treat.
    Smart Malaysians are laughing and waiting to see what is his next move.

  3. While many countries (esp those in the Middle-East) are opening up and giving more liberties to their citizens, Malaysia is just doing the opposite – tightening up democratic space to limit individual freedom. The following could be the reasons why the BN government is taking such drastic measures:

    1. To preempt the opposition from taking federal power (esp after the Tsunami 2008 experience).
    2. To deter people on the street from supporting the opposition.
    3. The government has shallow view of democracy and human rights and fails to see the need for further democratic reform.

  4. Do you need a reaosn why?

    UMNO and UMNO-brats (Jib, Moo, Ais, Keris-din, Nazi et.aliii) need every security law possible to cage and crib peace-loving, god-fearing, civic-conscious and corruption-hating citizens.

    Amen.

  5. Najib may call it ‘Transformasi’ but I think it should be called ‘Mutation’, into a more severe type of pox in this 21st Century.

    This man is dangerous and should be shown the door quickly.

  6. We were all fooled into believing Najib and his geng were going to be Santa Claus or something and transform 1Malaysia into ‘the best democracy in the world’.

    Najib was and continue to be merely buying time while he tweaks and puts his new mutated and obnoxious laws in place to ensure continued control and prolong his and UMNo’s tenure.

    Were we really expecting him to do something nice?

  7. Once bitten twice shy.

    When the ISA was introduced its sole intention was to combat the communist terrorist threat. But instead, over the years, the BN Govt has abused it to the extent that any threat to BN or UMNO leaders’ personal political powers and domination will be met with the ISA. The worst abuse of course was the unlawful detention of the journalist in 2007 purportedly for her own safety!!!! It has to be the height of stupidity and abuse by the BN Govt.

    If there is even the slightest chance for abuse, we must fight this new law. Because given BN’s history of abuse of any law to strengthen its political domination, you can bet it will abuse it and use it.

  8. //.. powers to police to make an arrest without a warrant … merely “has reason to believe” …//

    Trust your police! the last thing I remeber is copgate.

    //Attempt to commit activity detrimental to parliamentary democracy//

    Try this on EC, are those perceived dirty EC rolls, processes good enough reasons to belive EC is attempting activity detrimental to parlimentary democracy?… unfortunately I am not police.

  11. jib calls it ‘Transformasi’ but he himself practises ‘Cabutasi’ whenever he sees Al-Tantoo’s daddy approaching to shake his hand…..He is trying to bodohsikan and then leewhatasikan the rakyat

  12. Cinapek :Once bitten twice shy.
    When the ISA was introduced its sole intention was to combat the communist terrorist threat. But instead, over the years, the BN Govt has abused it to the extent that any threat to BN or UMNO leaders’ personal political powers and domination will be met with the ISA. The worst abuse of course was the unlawful detention of the journalist in 2007 purportedly for her own safety!!!! It has to be the height of stupidity and abuse by the BN Govt.
    If there is even the slightest chance for abuse, we must fight this new law. Because given BN’s history of abuse of any law to strengthen its political domination, you can bet it will abuse it and use it.

    I’m in agreement. The ISA was introduced in 1960 when the Malayan Emergency was declared over to replace the Emergency Regulations Ordinance 1948 as a preventive detention law, not only against communist insurgency, but also any other elements or groups who intend to use violence to overthrow the government. However, this law has been abused by those already in power to suppress opposition political parties who want to see a peaceful change in government by democratic means, via the ballot box.

  13. Aren’t the following activities detrimental to parliamentary democracy?

    1) When Selangor UMNO Youth leaders mobbed Karpal Singh, an elected opposition MP, within the compound of the Parliament building itself?

    2) When leaders of the federal government (who are BN MPs for constituencies outside of the Perak state) engineered BN’s power grab of the Perak state government from the hands of Pakatan Rakyat that was earlier voted into power by the people of Perak?

  15. ///In an interview with Kompas newspaper, Mr Cameron praised Indonesia as an “inspiring democracy” and said he wanted to double trade by 2015.

    “In its successful transition to democracy, Indonesia represents a powerful example for the world of how political progress can fuel economic success,” he told the paper.///

    Perhaps Najib can learn from Mr Cameron, that is, political progress can fuel economic success. Political reform and economic growth are intertwined.

Leave a Reply