Deportation of ISA detainees: Embarrassment to the country!

JOINT STATEMENT:

SUARA RAKYAT MALAYSIA (SUARAM)

AND

GERAKAN MANSUHKAN ISA (GMI)

Press Statement: 15 March 2010

Deportation of ISA detainees: Embarrassment to the country!

Suara Rakyat Malaysia (SUARAM) and Gerakan Mansuhkan ISA (GMI) strongly condemn the deportation of the five foreigners alleged of being involved in international terrorism. They were among the twelve individuals detained on 21st January 2010 under the Internal Security Act (ISA) for alleged links with international terrorist organisations.

Those detainees who already have been deported are:

NO	Name	Nationality	Status
1.	Azzahari bin Murad	Malaysian	Has been put under the Section 8(5) of the ISA, which allows for restricted residence order. He is restricted to areas in Petaling Jaya.
2.	Aiman Al Dakkak- USM PHD Student	Syrian	Facing Deportation
3.	Mohamed Hozifa (Son of Aiman Al Dakkak)	Syrian	Facing Deportation
4.	Kutiba Al-Issa (Student)	Syrian	Facing Deportation
5.	Khalid Salem Student	Yemeni	Deported on 6th March 2010
6.	Luqman Abdul Salam (Student)	Nigerian	Deported on 13th March 2010
7.	Hassan Barudi (Student)	Syrian	Facing Deportation
8.	Hussam Khalid (Student)	Jordanian	Deported on 15th March 2010
9.	Abdul Alhi Bolajoko Uthman (Student)	Nigerian	Deported on 14th March 2010

According to the Government, the detainees who have been deported were “released” from the ISA and that they are handed over to the Immigration Department because their visa to stay in Malaysia has expired. The similar argument was also put forward by the Kuala Lumpur High Court on the 11th of March 2010 to reject and dismiss the detainees’ habeas corpus application. Therefore, the habeas corpus application to examine their detention has become academic.

SUARAM and GMI regrets that the Home Minister who controls both the Police and Immigration Department, has made decisions to disallow the detainees from seeing their respective legal counsels during their detention under the section 73 of the draconian ISA. We do not see any security or diplomacy difficulties in allowing the lawyers to perform their duty. The denial of access to legal assistance and the deportation of the detainees without proper trial are totally uncalled for and embarrassing. The government is not even bothered to provide a reasonable answer for their irresponsible actions. This is a typical case of how arrogant the authorities can be when granted absolute power. We view the authorities’ move to deport the detainees as malicious.

We have also learnt that the detainee from Yemen, Khaleed Salem who were repatriated to his respective country or origin are now under police custody in his country and are experiencing another round of investigations. This is unfair to the detainee who until now, have failed to be produced before a court. On the other hand, the two other Nigerian detainees have been released by their government and there is not even single charge brought against them.

Furthermore, the families of those who have been deported are still living in Malaysia and without any welfare assistance from the government. We urge the government to take care of the families’ welfare and their daily needs as the government is responsible for making the wives’ life miserable without their husbands and the children without their father.

SUARAM and GMI recognize the seriousness of the terrorist activities and are of the view that proper measures should be taken to improve the situation. However, these measures must nevertheless be consistent with international human rights standards and norms. Detaining any individuals without trial under the ISA breaches fundamental human rights that are enshrined in, among others, article 9 and 10 of the Universal Declaration of Human Rights –

v “No one shall be subjected to arbitrary arrest, detention or exile.” and

v “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”

The use of the ISA on the current detainees demonstrates yet again how the state can arbitrarily use this infamous tool on anyone. ISA is a very convenient tool to cover-up real issues and weaknesses of the system.

SUARAM and GMI also reiterate that punishing or detaining people without giving them any opportunity to defend themselves is barbaric. Uncivilized laws that permit detention without trial are a pain of the democratic system and must be abolished.

Abolish ISA!

Release All the ISA detainees!

Close Down KEMTA!

By,

Nalini.E

GMI Secretariat and SUARAM Coordinator