KUALA LUMPUR, July 31 — Human rights groups and lawyers have continued to rubbish Putrajaya’s efforts to amend the Internal Security Act (ISA), reiterating that the five-decade-old security law was “beyond repair” and should be abolished entirely.

The Home Ministry announced recently that the Cabinet was currently studying amendments to six preventive laws including the ISA which, among others, will see changes to the powers of the home minister, the duration of the detention period and rights of detainees under confinement.

The ministry, however, stressed that the ISA would not be abolished, despite rising opposition, and would merely be tweaked to protect detainees. The amendments are expected to be tabled in the next parliamentary sitting.

Gerakan Mansuhkan ISA (GMI) chairman Syed Ibrahim Syed Noh told The Malaysian Insider that it made little sense to merely amend an Act that, by allowing detention without trial, not only strips away basic human rights, but also silences any dissenting voices in the community.

“The essential problem with ISA is that it cultivates a culture of fear. At any point in time, if the government or politicians feel a person is a threat to national security, they can just arrest him or her.

“No one is allowed to exercise their duty and criticise the government because the minute he does that, he can be threatened by the ISA,” he said.

Suara Rakyat Malaysia (Suaram) director Dr Kua Kia Soong echoed Syed Ibrahim’s sentiments.

“It has done the country a lot of bad because of the reputation it has given us. (Malaysia) is not a respecter of human rights and that puts us in the lead of a very backward country,” he said, calling the ISA a black mark for the country.

“It puts people in fear of speaking out even if they are speaking out for justice. It represses the people and the creativity of Malaysians and not to mention, it has also put more than 10,000 people under detention,” he said.

Kua, formerly a detainee himself during Operasi Lalang in 1987, claimed that the oppressive Act had changed the tone and the spirit of even the most outspoken communities.

“I know the NGOs before Operation Lalang... they were not as fearful as they were after it. The NGO communities tended to be the more outspoken community (back then), so imagine the effect it had on university students and politicians... it has definitely frightened people,” Kua said.

Bar Council constitutional law committee chairman Edmund Bon claimed that most of the lawyers in country agreed that such an Act should be repealed.

“We have about 13,000 lawyers and I think a large majority of us agree that any Act that denies (the right pf people to defend themselves in court) should be repealed.

“It should be repealed wholesale and not amended because there is no need for the ISA,” he said, adding that there were other preventive laws that could be used to punish offenders.

“There are various other laws that people can be charged under. If the government wants an extended period for investigations of certain complicated crimes, (the detention period) should be up to 28 days from 14 days, no more,” he said, adding that by then the detainee should either be released or be charged in court.

Kua pointed out the irony that out of the 10,000-plus people detained under the ISA thus far, none was charged with any crime, let alone for terrorism.

“That shows the ISA is a sham.

“I have always argued against amendment. Repeal it, for the simple reason the first atrocities committed are usually during the first week of solitary confinement,” Kua said. He cited numerous reports on abuse and torture of detainees during the solitary confinement period.

He said the provision in the ISA allowing for 60 days of solitary confinement was the longest in the world.

According to Syed Ibrahim, the longest anyone had been detained was for 22 years and that person was detained when Singapore was still a part of Malaysia.

He said that although in terms of numbers, the ISA’s current number of detainees is way smaller than those detained under the Emergency Ordinance (EO) Act 1969 and the Dangerous Drugs Act (DDA) 1985, which totals about 1,000 detainees, the ISA was still the “mother of cruel laws”.

Kua concurred, saying that once the ISA is repealed, it would clear the path for the abolishment of the EO and DDA.

“Suaram and Gerakan Mansuhkan ISA have consistently asked the government to repeal the Act. We think the government will amend the Act to stall (for time) because the government wants to sit on the (United Nations) Human Rights Council,” he said, claiming that it wants to have a “liberal face to the world”.

“In any movement of any kind, it is the growing support of the people... and as long as the Act is seen to be a very unjust law, a very unfair law and one that is against human rights, I am sure the pressure is on the government,” Kua said.

Syed Ibrahim pointed out that there were many silent anti-ISA supporters who were afraid to be vocal, fearing consequences from the government.

“It depends on how strong is the pressure. I believe the awareness among the people is rising since we had campaign and a big rally last year,” he said encouragingly.

Kua pointed out that not only is there pressure from international bodies, there are also about 80 NGOs in Malaysia that are against the Act.

While opposition parties and human rights groups continue their call to abolish the ISA, however, those in the Barisan Nasional insist that amending the Act would suffice.

Former MCA president Datuk Seri Ong Tee Keat said the Act should not be abolished but merely reviewed and renamed.

“Malaysia is still grappling with the threat of terrorism and such preventive laws could help curb any threat to national security,” he said recently during a public forum at the Malaysian Bar Council annual law conference.

The ISA, enacted in 1960 for the sole purpose of deterring communist activity during the Malayan Emergency, turns 50 tomorrow.

To commemorate the event, the GMI will be holding candlelight vigils in the Klang Valley, Ipoh, Kota Baru, Sibu and Penang from 8pm onwards. It will also be distributing flyers from 11am.

Last year, the movement, together with other groups and PAS, organised a mammoth protest in Kuala Lumpur in order to submit a memorandum to the Yang di-Pertuan Agong, calling for the Act to be abolished.

Riot police armed with tear gas and water cannons thwarted their plans, however, and over 400 people were arrested during the chaotic event.