By now, I’m sure you’re drowned with news that five leaders of the Hindu Rights Action Force (HINDRAF) were arrested by the police under the notorious detention law - Internal Security Act (ISA) under Section 8(1) for allegedly carrying out activities that threaten national security.
The five arrested are Hindraf legal adviser P Uthayakumar, lawyers M Manoharan, R Kenghadharan and V Ganabatirau and organising secretary T Vasantha Kumar.
Background of ISA
Under normal circumstance, anyone detained under the ISA will be held incommunicado, with no access to the outside world for the first 60 days, no exception for either lawyers or family members.
After 60 days, one may be further detained for a period of two years each without submitting any evidence for review by the courts, to be approved by the Minister of Home Affairs, thus making indefinite detention without trial where detention order is renewable indefinitely!
On top of that, bear in mind that when the Act was first adopted, it did allow for judicial review, but since then, the ISA has been amended over 20 times and finally, the provision was remove, absolute power is given to the Minister of Home Affairs to arbitrarily detain anyone, without reference to the courts!
Over the years, the Malaysian government has consistently used the Act for its own political purposes to detain thousands of citizens, including political opposition leaders, academicians, trade unionists, religious, social, environmental, and women’s rights activists.
HINDRAF arrest
Surprisingly in this case, they were sent to the Kamunting detention camp in Taiping, Perak to be detained for 2 years, without this being preceded by the 60-day investigation period!
Earlier, the Prime Minister Abdullah Ahmad Badawi, who is also the Minister of Home Affairs who signed signed the detention orders said HINDRAF is attempting to destroy the country and calls them traitors.
"Actually they don’t love the country, they only hunger for power and don’t care about what happens to the country." […]
"We are the ones who have to face everything. We have to defend the peace and well-being of the people."
Various groups from political parties and NGOs condemned the use of ISA and believe that they should face trial in open court if they’ve committed a crime, giving them a chance to defend themselves.
By looking at this latest development, it’s very apparent the detention is yet another obvious human rights violation and further proved that the Government is desperate yet clueless in handling political criticism towards the current administration on various critical matters such as economic policy, corruption and other social challenges which brought the rakyat onto the streets recently, demanding for a total reform and greater accountability in the Government policies implemented over the past few decades.
My questions are, what would be the mostly likely and immediate impact towards the people led initiatives and movements? Is this going to dampen the mass spirit and suppress the rakyat in pushing the Government beyond the limit like what we’ve demonstrated so far? Will this instill fear, or more strength in us?
Keeping in view of this latest development, I urge everyone to keep the flame alive, for we must have faith in the journey fighting to make real change for the betterment of the society and nation.