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The International Federation of Human Rights (FIDH), which has been observing the habeas corpus hearing for five Hindraf leaders held under the Internal Security Act (ISA), believes that the five should be allowed to challenge the grounds of their detention.
FIDH representative Laurie Berg said that the five face no charges and have been detained at the government’s pleasure and are only capable of challenging their detention on “narrow technical grounds”.
“The detainees were not even allowed to be present to witness the process of their own cases,” said Berg during a press conference organised by the Abolish the ISA Movement (GMI) today.
Berg, a practising lawyer from Australia, observed the entire preliminary hearings of habeas corpus applications by Hindraf leaders - P Uthayakumar, M Manoharan, R Kenghadharan, V Ganabatirau and T Vasanthakumar - over the past two weeks.
Counsel for the five, Karpal Singh, had argued in court that the Dec 13 detention order, signed by Internal Security Minister and Prime Minister Abdullah Ahmad Badawi, was flawed on technical grounds.
Judicial commissioner Zainal Azman Abdul Aziz said he needed a month to go through the case and will decide on Feb 26 on whether the proper trial would take place.
PM’s word
During the press conference today, Berg shared her thoughts on the case and believed that the five should have been charged for their alleged offences in order for them to defend themselves in an open court.
“At present, the world only has the word of the Prime Minister that these men are a threat to national security,” added Berg.
She added that FIDH, a body recognised by the United Nations, would be publishing a report on the case soon. She said the report would then be used to lobby international support to condemn the use of the ISA.
Lawyer Saha Arunasalam, who represented the Bar Council in watching brief during the habeas corpus proceedings, said the council was of the opinion that the five were illegally detained.
He added that the Bar Council was of the opinion that the use of the ISA was arbitrary, subject to abuse and should be abolished.
“The law has vested so much power in just one person in order to carry out the detention,” said Saha.
90 being detained
The ISA is a draconian law which allows indefinite detention without trial on the sole discretion of the internal security minister. There are about 90 individuals being held under law presently.
GMI president Syed Ibrahim Syed Noh said the coalition would be stepping their campaign against the ISA during the upcoming general election.
“We’re going to use every means necessary to educate the public on why the ISA must be abolished. They must be made to know that the only way ISA can be abolished is through Parliament,” he said.
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