For Justice, Freedom & Solidarity PP3739/12/2008(007145) ISSN 0127 - 5127 RM4.00 2008:Vol.28No.7 Teresa's photo by Lau Weng San Teresa's photo by Lau Weng San Teresa's photo by Lau Weng San Teresa's photo by Lau Weng San Teresa's photo by Lau Weng San

FREE ALLAliran Monthly ISA : Vol.28(7) DETAINEES Page 1 COVER STORY ISA is evil, ISA must go!! Bad laws are the worst of tyranny by P Ramakrishnan

t should never have been mous ISA is indefensible, and and about twenty leaders of the II , unwarranted. It is no wonder that component parties have dis- III Today news it has outraged a cross-section the agreed with the action taken portal editor, Tan Hoon people. In the past the condemna- against the three civilians. All of Cheng, Sin Chew Daily News re- tion and strong reactions to any them have been very vocal and porter and , Member of detention under the ISA would forthright in their views. This de- Parliament and execu- have only come from the NGOs velopment is indeed extraordi- tive councilor, detained under the and the opposition. It is unprec- nary and unheard of in our entire ISA. They didn’t pose any immi- edented that the outcry had also history. Their displeasure and dis- nent danger to the security of this come from those aligned to the agreement was articulated pub- nation neither had they advo- . For the first licly - something that was not pos- cated the violent overthrow of the time so many leaders and minis- sible when the BN was riding high present government. They are just ters from the BN had criticised the and mighty. In the hey-days of the civilians – not terrorists out to cre- use of the ISA against the three of BN no one would have dared to ate chaos and turmoil. them. stand up and taken a decision that went contrary to the BN gov- Their detention under this infa- Half a dozen cabinet ministers ernment.

People who say the ISA is still relevant do not know what it is like to be detained without proof or trial. They have not gone through it personally. -

Aliran Monthly : Vol.28(7) Page 2 EDITOR'S NOTE

This issue focuses on the Internal Security Act, a harsh law that has no place in a democratic society. CONTENTS P Ramakrishnan tells us why the ISA is evil and why it has to go – now. He also reminds us of the abuse meted out in the name of national security. COVER STORY ••• ISA Is Evil, ISA Must Go!! 222 Francis Loh describes how the country is effectively ••• The BN National Security State a ‘national security state’; he goes on to show how, And The ISA 404040 time and time again, the extensive powers vested in the Executive and the police have been abused for political expediency. FEATURES ISA detainees Raja Petra, Teresa Kok and Tan Hoon ••• My 18 Hours Under The ISA 777 Cheng as well as blogger Sheih “Kickdefella”, who ••• Heads They Win, Tails I Lose 999 was detained for alleged sedition, share their har- ••• First Time To Kamunting rowing experience of detention without trial. All of Detention Centre 101010 them, except for Raja Petra, have been released. ••• I Felt Very Close To God 121212 We include a full list of the 66 detainees still in • It Was Not In Vain 131313 Kamunting. We also highlight a collection of books ••• Memories Of ISA 191919 by previous ISA detainees, recounting their painful ••• Abuse Of Power Under The ISA 242424 experience in detention. • List Of ISA Detainees 313131

What is remarkable this time is that have not been cowed into silence. This time they have stood up for what was just and right. They have lit REGULARS candles, read poems and sung rousing songs at ••• Current Concerns 171717 Abolish ISA vigils; they have flocked to prayer ser- vices and forums, they have driven to Kamunting, they have signed petitions, and they have blogged. OTHERSOTHERSOTHERS In all this, they have single-mindedly pursued three ••• Subscription Form 232323 objectives: the abolition of the ISA, the release of all ISA detainees, and the closure of the infamous Kamunting Detention Centre. Published by We shall overcome! Persatuan Aliran Kesedaran Negara (ALIRAN)(ALIRAN)(ALIRAN) 103, Medan Penaga, 11600 Jelutong, , Malaysia. Tel: (04) 658 5251 Fax: (04) 658 5197 Email (Letters to Editor): ALIRANALIRANALIRAN is a Reform Movement dedicated to Justice, Freedom & Solidarity and listed on the [email protected] roster of the Economic and Social Council of the Email (General): [email protected] United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Konway Industries Sdn. Bhd. Plot 78, Lebuhraya Kampung Jawa, 11900 , Penang

Aliran Monthly : Vol.28(7) Page 3 The Internal Security Act provides for the “preventive deten- tion, the prevention of subversion, the suppression of orga- nized violence against persons and property in specified ar- eas of Malaysia…”

The ISA is intended for use when “action is threatened by a substantial body of persons both inside and outside of Malay- sia

1 to cause, and to cause a substantial number of citizens to fear, organized violence against persons and property; and 2 to procure the alteration, otherwise than by a lawful means, of the lawful Government of Malaysia by law established…”

Shahrir Samad: Necessary to retain In other words the ISA was devised to counter a situation which the ISAISAthe was deemed to be “prejudicial to the security of Malaysia” as and when a threat was imminent to the elected government of Indeed a serving minister - an the day that it was in real danger of being overthrown by orga- Umno man - felt so strongly that nized violence. these civilians should not have been detained under the ISA that This Act was drafted when there were communists insurgents he resigned as a matter of prin- bent on armed struggle. This is made clear in the preamble to ciple. True to his words, in an in- the Act. terview in the Sunday Star on April 20, 2008 Senator Datuk Zaid In an interview in the New Sunday Times of July 30, 2006, the Ibrahim decided that he would man responsible for drafting the ISA, the late Professor R H not become a “minister who has Hickling, observed, “Organised violence is the key to this pre- abandoned his principles.” amble, but a lot of people who had nothing to do with orga- nized violence at all were being arrested.” He was candid in his views for resigning from the cabinet over And when this Act was drawn up there was provision for this controversy. “My view has judicial review. One could go to court to challenge the validity always been that ISA should be of the arrest but that provision is now no longer available to a used only on armed terrorists who detainee. The Minister’s decision ordering the detention of a want to topple the government by person is final and not subject to question in any court of law. force. The ISA was created by the British to be used against the com- This is what makes the ISA such a terrible law. When the ISA munists…. is used against people for whom it was not intended, it is un- acceptable that nothing could be done to seek remedy for their “The ISA is open to abuse. If we unjust arrest. They cannot be denied their natural justice. It is cannot be fair in implementing it, an affront to our notion on justice. It is an insult to our civil then we should confine its use to society. terrorists.” This absurd situation allows for the ISA to be abused with Unlike Domestic Trade and Con- such impunity by the powers-that-be to silence its critics and sumer Affairs Minister Datuk harass its dissidents. Shahrir Samad who said it was necessary to retain the ISA in the It is not a Justice System. It is just a system to take care of the country but that it should be used opponents of the government. wisely, Zaid did not mince his

Aliran Monthly : Vol.28(7) Page 4 words. For those who defended reporter’s life mysteriously disap- the use of the ISA, Zaid said it was peared within 18 hours and she a harsh law which did not offer was released the following day. the detainee a chance for trial. But nobody knows why she was taken to Ipoh the next day and “People who say the ISA is still brought back and released in the relevant do not know what it is afternoon. like to be detained without proof or trial. They have not gone The reason for Teresa Kok’s de- through it personally.” tention was equally ludicrous. She was supposed to have asked the Zaid won a lot of admiration and mosque authorities to tone down respect for his courageous and the volume for azam. Teresa de- principled stand. nied this allegation. But the did not bother to Even the Mufti Dr Asri Zaid Ibrahim: ISA should only be carry the denial, instead it played Zainul Abidin had criticized the used on armed terrorists up the allegation to incite nega- arrest of the three civilians under tive sentiments against her and the ISA claiming that Islam did to flex its muscle and send out sig- raise religious tension in the coun- not need the ISA to defend the re- nals to Malaysians that the BN try. ligion. According to him, the was in no mood to brook any idea Quran or the hadis should have of a take over of the government? She was unfairly associated with been used to investigate if a per- Was it intended to convince Ma- the petition submitted to the son was accused of insulting Is- laysians that it was still in con- mosque officials by the local resi- lam.” trol? dents. The Residents Association had clarified that she had noth- Why were they then detained? Is Whatever may be its reason, the ing to do with the collection of sig- it possible that the BN made a BN action apparently backfired. natures. blunder in resorting to the ISA This time around the people were without knowing the sentiments not going to accept any silly rea- The Muslim non-governmental of the grassroots? Did Umno take son for resorting to the use of the organization Jamaah Islah Malay- its BN partners for granted out of ISA. They were in no mood to be sia said that the arrest of Teresa habit thinking that they will re- taken for a ride unlike in the past. was an injustice as she had al- main docile and toe the line as in ready denied this allegation first the past? It was ridiculous for the Minster posted in the blog of the former to say that the reporter was de- MB of Selangor, Datuk Seri Dr Did the detention on September tained under the ISA for her own Mohd Khir Toyo. Its deputy presi- 12, coming four days before the safety. The people were not con- dent Syed Ibrahim Syed Noh said September 16 have anything to do vinced with his story. Why apply in a statement that the mosque in with the deadline set by Anwar the ISA when the police could Damansara - that was suppos- Ibrahim for the change in govern- have provided protection without edly asked to reduce its volume ment? Was it done to divert the the use of the ISA? What more, he for azan - had said that the prayers public attention from this much tried to explain that it was police were not heard loudly due to mal- anticipated event? action and that he had nothing to function of the speakers, not be- do with it. People wondered cause non-Muslim residents had Having packed off more than 40 didn’t the police come under his protested. MPs to Taiwan to prevent the ministry and could such action be much-talked-about take over of the taken without any reference to Even the mosque officials had government, did the BN feel safe him? come forward to state that Teresa enough that the take over would had not stepped into the mosque. not take place. Is that why it had Somehow, the threat to the Wouldn’t it be elementary for the

Aliran Monthly : Vol.28(7) Page 5 ter because no proof had been ad- order close to the initial 60-day duced to show his guilt. The po- detention period. A long period lice had claimed that he had in- was needed to carry out their in- sulted Islam through his articles vestigation but in Raja Petra’s but this was never substantiated. case the remand order was signed The police had not come out with after 11 days of detention. any tangible evidence to justify their action for detaining him. The police have not disclosed any incriminating evidence to show He had already been charged for that Raja Petra posed a threat to sedition and defamation. Why the security of the country. couldn’t he have been tried and convicted if guilty and accord- And yet he was remanded for two ingly punished? Raja Petra had years without a just cause. said that he would have his day Mohd Khir Toyo: Made baseless in the court. Were they scared that “Disallowing him the opportu- allegation against Teresa Kok he would produce damaging evi- nity to defend himself is wrong,” dence that would destroy their the Mufti said in reference to the police to interview the mosque of- credibility? two-year detention of Raja Petra. ficials to determine whether the al- He added that it was cruel to jail legation was true before acting And to think that he was served someone for two years without against Teresa? with a two-year detention order going through the judicial pro- on the day his habeas corpus was cess. In spite of the fact that the truth to be heard was difficult to under- had been revealed as to what ac- stand. It was believed that Raja From the traditions of the various tually took place, yet Teresa was Petra had a good chance in set- faiths, the ISA is wrong. Any law detained for a week based on a lie. ting aside his detention order and that denies self-defence to an ac- The police have been totally dis- that was why the police and cused and robs him of the due ju- credited and the Home Minister Minster wanted to act urgently to dicial process is a law that has to became a laughing stock of the frustrate his efforts with a deten- be condemned and rejected. country. tion order. This was a shameful conduct. Normally, detainees are As Edmund Burke observed, “Bad Raja Petra’s detention was no bet- served with the two-year remand laws are the worst of tyranny.”q

Disallowing him the opportunity to defend himself is wrong...It is cruel to jail someone for two years without going through the judicial process.

- Perlis Mufti Dr Asri Zainul Abidin

Aliran Monthly : Vol.28(7) Page 6 DETENTION WITHOUT TRIAL My 18 hours under the ISA During that time, which was filled with a lot of uncertainty, I felt that there was some unknown strength that supported me throughout by Tan Hoon Cheng

n 12 September, about my colleagues would be waiting OO 8.30 in the evening, I was for me at the police station to ren- OOO at my home in Bukit der assistance. When I was taken Mertajam, Penang. away, my parents acted strongly; While enjoying my yew char koay they kept on asking the police to (fried dough stick), I was worried accord me proper treatment. about the show-cause letter is- sued to Sin Chew Daily and anx- I was brought to ious about the days ahead for my Tengah IPD (the district head of- newspaper. fice), and I was placed in a chilly room while waiting for the police Suddenly, a group of plainclothes to begin their paperwork. I was ac- police officers appeared at my companied by a female officer, front gate. The person who started who seemed to be trembling as a to identify the group and the pur- result of the low room temperature pose of this visit was a woman as well. To break the silence, I ini- officer. She was also the only one tiated a conversation. She told me, was considered ready to be sent in uniform. “You seemed to be very calm.” to the Police Contingent Head- quarters in Penang. When I was Through the gate, she told me that I told her, “I am arrested under the brought out of the police station, I I had to follow them to the police Internal Security Act, even though realised that a lot of my colleagues station. In response to that, I told I am scared, I have to face this re- in the media, together with repre- her that unless they had a war- ality. But I am worried about my sentatives from different parties rant of arrest, I would not open parents, friends and relatives; and groups were already waiting the gate. At the same time, I imme- they must be very worried about outside the police station to show diately rang up the legal adviser me.” their support. Seeing this, I was of our company and my direct deeply touched; I could no longer superior, seeking their advice. To be frank, I was very cool- hold my tears. headed. I believed that there had Later, the female officer told me to be a lot of people out there sup- When the police car arrived at the that they were arresting me under porting me, giving me the strength station’s entrance, my superior, Internal Security Act; therefore, a that I need, so I had to stay strong, Puah Eu Peng, our Northern Re- warrant was not required. On to be with those people who were gion Manager, tried to halt the car hearing that, I was immediately supporting me. with his body, to slow the police prepared for the worst. car’s movement. He knocked at The police recorded all my per- the window, to make sure that I I had to act calm, comforting my sonal belongings; these were later was in the car and gestured to parents and reassuring them that taken away from me. After that, I show me his support.

Aliran Monthly : Vol.28(7) Page 7 I instantly wiped off my tears; I male officer passed me clothing lot of messages, telephone calls realised that a lot of them were brought by my parents. I was sur- and bouquets. My colleagues in staying with me; I had to be with prised: everything was new, the the press, representatives from them as well. toiletries, T-shirts, shorts, panties. political parties, society leaders, schoolmates, classmates, friends After taking my thumbprints, I I later discovered that the ‘par- and relatives visited me at home. was given my dinner and ar- ents’ that the police officer was Of course, not forgetting the read- ranged to spend my night in re- referring to were a bunch of my ers and the public who called up mand. I didn’t know that my col- colleagues. While waiting out- or visited Sin Chew Daily’s office leagues in the profession and side the Penang Police Contin- in Penang or the Head Office in people from different groups gent Headquarter, they had pre- . and parties were there to show pared all these for me. They their support, right outside the were uncertain when I would be Calls, messages, well wishes, station. released, but they told them- and visits from readers and selves that they had to get these friends... for all these, I have to Unknown strength essential items ready in the express my deepest gratitude. briefest time possible. During that 18 hours which was I requested the female officer to filled with a lot of uncertainty, I keep the lights on. She told me not I met my parents and bade them felt that there was some un- to worry, she would not switch off farewell; the police informed me known strength that supported the lights. The police also in- that they would bring me to po- me throughout; I knew it had to formed me that I would be meet- lice headquarter in Bukit Aman in be from you all, those whom I ing my parents in the morning at . My heart sank; I knew or those who I have not eight. I spent a very long time, told myself this was the beginning; even met! thinking of everything I had to tell I had to brace myself for every- my parents. I had lost touch with thing. I realise that our journey is still the outside world; this would be full of challenges and obstacles; my only opportunity, I had to cher- After a turn of events, I was so we have to continue with the ish it and clearly explain every- brought to the Police Head- same righteous spirit and courage thing to my parents. quarter in Ipoh. After a brief inter- that we have all shown this time! rogation session, I was then Our society needs this spirit, to After clearing my mind and brought back to Penang Police build a better tomorrow. organising my thoughts, I tried to Headquarter. sleep while lying on the wooden I have finally been freed, but I bed with the company of the mos- It was here, where I was interro- hope Teresa Kok and Raja Petra quitoes and the noise of water drip- gated further, that I told myself to Kamarudin and all those de- ping. I had no idea what tomor- keep my mind clear; I had to tell tainees under the Internal Secu- row would hold for me, but I knew them the truth and respond ap- rity Act will be released as soon I had to be in perfect condition to propriately. as as possible. If the authorities handle everything. think that they have broken the After the interrogation session, I law, they should brought to a I had never suffered from insom- was brought to see another court of law to receive transpar- nia and this very night, I finally higher-ranking officer. He told ent and fair trials. q experienced it. Deep down in my me, “We can both go home now!”. heart, I know that those who care Both of us turned to the clock on about me would also be experi- the wall; the time was 2.25p.m. Tan Hoon Cheng is a jour- encing the same; it was heart- nalist with Sin Chew wrenching thinking of that. This was my 18 hours under the DailyDailyDaily ISA. I had gone through a lot. At six o’clock the next morning, Source: Sin Chew Daily as I was about to wash up, the fe- After being released, I received a

Aliran Monthly : Vol.28(7) Page 8 DETENTION WITHOUT TRIAL Heads they win, tails I lose by Raja Petra Kamarudin

appears that they are looking for something to pin on me, but thus From the way my interrogation is going, they are trying to far they have not found anything. kill two birds with one stone. First Syed Hamid would have a strong defence against the suit that I am to file against him The Monday before my detention, plus they can ensure how good my lawyers may be in de- my lawyers sent Syed Hamid fending me in the sedition and criminal defamation charges, Albar a letter of demand - de- I will never see freedom anyway. manding that he apologise for al- leging that I insulted Islam. He was given three days to apologise oday is my eighth day of is about the intention to commit and on Friday, 12 September 2008, TT detention under the In- chaos which would then be detri- instead of apologising, they de- TTT ternal Security Act (ISA). mental to public order. I argued tained me under the ISA. When I was detailed on that if the SB is of the opinion that Friday, 12 September 2008, it was the problem lies in my style of I believe they are trying to buttress supposed to be in respect of ar- writing and how it could be mis- ’s case by ticles I wrote in Malaysia Today interpreted by the public, then this “proving” I have insulted Islam, about our leaders, which were would rule out any possibility of thereby justifying Syed Hamid supposed to have confused the mala fide on my part when I wrote Albar’s allegations against me as public, and also articles which those articles. well as providing justification for insulted Islam. I also told the SB officers that it Continued on page 11 It was since Wednesday after- noon, that the Special Branch of- ficers (SB) produced the articles and went through all those ar- ticles with me. They found that none of the articles insulted Islam. The SB officers told me that it was not so much that my articles in- sulted Islam but that my style of writing is too sophisticated and therefore Malaysians who might not be of the same intellectual level as me could possibly misin- terpret what I was trying to say and mistake which I wrote as an attempt to insult Islam.

This morning, I had another ses- sion with the SB officers, and I pointed out what they told me yesterday, which is, ISA detention

Aliran Monthly : Vol.28(7) Page 9 DETENTION WITHOUT TRIAL First time To Kamunting Detention Centre I promised Pet that I would do everything I possibly could with the help of the people to get him released and I would stay strong and tough to keep that promise. I will not fail him. by Marina Lee Abdullah

his morning (24.9.08) my ing white prison TT family and I went to clothes. He had TTT Kamunting to visit Pet. lost weight, This being our first time looked very pale, there, we left home at 6.00am just probably after to make sure we didn’t miss the not seeing sun- scheduled time allowed: 8.30am light for almost to 2.00pm and the family is al- two weeks now; lowed weekly visits from Monday his beard and to Wednesday, Friday to Sunday. hair are growing We brought some food, fruits, longer. drinks, one pair of jeans, T-shirt and his glasses. At that point, I had tears in my When we reached the gates of the eyes but was trying really hard to and Utusan Kamunting Detention Centre, we hold back my tears. I really did not Malaysia. had to register at the gates and want him to see me cry; that would proceeded into the prison area, a only make it really hard for him. I He said he had three ustaz (reli- huge area. There we had to go reached out to hold and rub his gious teachers) visit him this through another gate and had to hands and did not let go for a morning, questioning him about deposit all our belongings in two minute. his religious knowledge and be- lockers. We went through a door liefs. The questioning was cut and were told to go to counter 10. He was glad to see us because the short because of the family visit When we approached counter 10, last time we saw him was eight and would continue in the after- there was this partition with no days ago at Bukit Aman. noon. grille or glass; Pet was already sit- ting there waiting for us. I asked him how he was coping, I told him to please be strong and and he said it was hard being don’t let them get to him. I said My first reaction was to run and under solitary confinement and “Honey they have got your body give him a real big hug and kiss; it is for three months, and after but not your mind and soul; hang at the same time my heart felt so that only would he be able to in there, love, we’re coming to get heavy, seeing this hero of mine on interact with the other detainees. you. The is on the other side. He will be moved into a dormi- track to take over the government. tory where he will get to watch Just give us a bit more time, Pet was sitting down and wear- television and read newspapers, okay?”

Aliran Monthly : Vol.28(7) Page 10 I told him that this time around I asked him, “You mean to say that Continued from page 9 there is a difference in the use of giving you a hug is breaking the ISA and that he had made that rules?” difference. There is tremendous him not apologising and instead outcry against the use of the ISA He said hugging was considered ordering my detention under the and (even among the) political “kelakuan tak senonoh”, improper ISA. parties within the Barisan or unbecoming behavior. Nasional; Datuk Zaid Ibrahim, Further to that, the Government the law minister, had even re- I just could not believe it. appears to be trying to get a sec- signed (because of) the use of the ond bite of the cherry. I am already ISA; the thousands of well wish- He then said that the first visit was facing one sedition charge for the ers and the support I have re- the only time we would be able to article, “Let’s send the Altanthuya ceived. People all over are pray- meet face to face and that subse- murderers to hell” plus three ing and standing behind us in quent visits would be through a charges of criminal defamation. this struggle for change that he screen and we would have to talk My interrogation in the hands of has started. over the phone. This would be for the SB officers is also about that nine months and of course with article and the statutory declara- I promised Pet that I would do good behavior from him. They go tion. everything I possibly could with on merits, he said, like kindergar- the help of the people to get him ten: if you have behaved, you get Assuming I win my cases in Oc- released and I would stay strong a candy. tober and November, they can still and tough to keep that promise. I hold me under the ISA. Either way, will not fail him. He told me that he is being de- I will still remain under detention; tained on four grounds: heads they win, tails I lose. He told me that word was out at • two articles on Islam the detention centre that RPK • the article on “Let’s send the This has happened before in 2001, was there, and some of them Altantuya murderers to hell” in the case of Ezam Mohd Noor, managed to shout out to him • articles on the leaders where he was serving both ISA across the brick wall telling him • comments posted on the blog: detention as well as a jail sentence that they just saw him and his one of the comments he men- in the Kajang Prison for a crime wife on TV. They were also try- tioned was by ‘Anti Anti- under the Officials Secrets Act. If ing to comfort him. Hadith’, who Pet mentioned Ezam had won his habeas corpus had his own blog. application, he would have re- At one point, I told him that I re- mained in Kajang Prison and if ally needed to hug (him) and that By then we were given the ‘last instead he had won his OSA case, I missed him so much and was five minutes’ call, I then told him, he would have remained in reaching out to do that. “Luv, please trust me, we will get Kamunting. Both ways, he would you out!” not have seen freedom. But he said he was not allowed to because there were two prison of- Dear readers, Thank you so much From the way my interrogation is ficers watching us and they were for the well wishes that my family going, they are trying to kill two noting down everything, and and I have received from all of you. birds with one stone. First Syed there were merits points given or I will stay strong with your help Hamid would have a strong de- taken away. and support to take on this fight fence against the suit that I am to for change which my husband file against him plus they can en- I said “What’s that?” has left off until he is FREED. sure how good my lawyers may be in defending me in the sedition He said that there were certain Lots of love from my family and and criminal defamation charges; rules for our visit and if he break me. q I will never see freedom anyway. the rules, visitation rights could be reduced and so on. Source: Malaysia Today As I said, heads they win, tails I lose. q

Aliran Monthly : Vol.28(7) Page 11 DETENTION WITHOUT TRIAL “I felt very close to God” Abdullah’s regime can only take the freedom from my body but it can never take the heaven from my heart for God alone is sufficient for us by Sheih “Kickdefella”

s the reporters rushed to AA shoot questions at me, I AAA asked them, who is the Prime Minister. One re- porter for a TV station smiled and said, “Pak Lah lagi”, and I said, “Kalau macam tu saya nak masuk lokap baliklah…” I then turned away from them.

Staying inside the police lock-up in Kota Bharu Police Station and in Dang Wangi Police Station was a very memorable and peaceful experience. I found solitude and I felt very close to God. shift for the day. All of them – yes, Others will include Shahrir Abdul I mean all - asked me to help to Samad and Deputy Minister I spent my time praying and re- fight for the Polis DiRaja Malay- . cite Qur’anic verses. I found a sia. As they said, their morale is wonderful time to pray for Mama at its lowest. I will ask my lawyer to let me and Abah. My confidence grew throw questions at Dollah. I can and I took all the barrage of in- I told the press I got more info hardly wait for the moment. I had sults and turned them into re- about the police rather than the such a great four days and three spect. As I walked pass the other police getting info about me. And nights holiday with PDRM, and I detainees for the last time; they I told the press that we should knew they too enjoyed my com- took turns to shake my hand. I send to pany. I made more buddies in entered the lock-up as a humble the lock-up, so he would finally those four days than I made in a man fighting for the small people; find his Ghazali. I told the press, I year. I have no complaints about when I left, those small people in enjoyed my time there and it is a the food as that is the reality of the lock-up looked at the small treasure for me. I strongly believe those poor and small people for man in me as one of their friends. it would be good for Dollah too. whom I am fighting. I shouted ‘Makkal Sakthi” trice and said my salaam. They clapped in My lawyer and I agreed that I Of course, I do not anticipate return. should be charged, so we could Ramadan Buffet during this holi- fight this politically motivated day as that would be a sin for me One of the police personnel there case in court. Abdullah Ahmad because those people whom I fight told me he would start blogging Badawi would be one of the wit- immediately after he finished his nesses I would call to the stand. Continued on page 16

Aliran Monthly : Vol.28(7) Page 12 DETENTION WITHOUT TRIAL “It was not in vain” I felt that my detention had been arranged in such a way that God was trying to use my innocence to educate the public on politics Interview with Teresa Kok

lawyer came to visit me, they at the dinner. Many thought I had told me many people out there no clothes to change! were giving me their moral sup- port. The church also prayed for Could you describe your feelings now me. I felt I was not alone. as “furious”? I learned that in your first speech at the Hakka Association, After my release, Janice Lee you were already cursing the govern- Ying Ha (Teratai state assem- ment. blywoman - DAP) insisted that I go to the mosque in Ampang That’s right. They had no rea- (to attend a prayer meeting). sons of any sort to put me under insisted that I arrest, and all their accusations attend a dinner, while the Fui were baseless. The moment I was Chew Hakka Association arrested, I knew very well I was wanted me to attend a Mid- innocent, but they still insisted Autumn festival dinner. All to lock me up for seven days. these events had been planned That’s way too much! earlier to lend moral support to me. Now that I’m released, What were you thinking of in the of course I have to go. lock-up?lock-up?lock-up? Teresa was arrested on 12 Septem- ber at about 11.00 p.m., to become As a matter of fact, there are plenty Nothing for me to read on the the first female Malaysian MP de- of things waiting for me to do, first two days, so I could only tained under ISA. such as my constituency. I feel that quieten down and pray. I was I have a duty to attend those also thinking of what happened After you were released on Fri- events. Other than giving during the past one day, all the day afternoon (19 September), speeches, I also thanked them per- things I had done, including the you had to rush through three sonally. No matter how tired I investment seminar. I was just dinners. Didn’t you feel tired? was, I still had to go. thinking of all these. Was it because the detention has made you treasure every Did you rush home immediately Did you ever think: “What on single minute and second? after your release? earth have I done wrong? Why has this happened to me?” A: When I was in there, I really No. I didn’t have time to go home felt that my time was wasted. to bathe. Many people asked me Indeed, I was thinking all the time, The government had no reason why I was wearing the same thing but couldn’t get an answer. It was at all to arrest me under ISA. when I just came out from deten- totally absurd for them to put me When my family, assistant and tion, at the press conference and in the lock-up.

Aliran Monthly : Vol.28(7) Page 13 Did you feel angry and agitated? anything that could have been and they just kept quiet. dangerous was not available to me Not angry nor agitated, but that I for they were scared I would kill They blindfolded me before lunch had to prepare myself for the fu- myself. and sent me back to my cell; then ture. When I was inside, I did warn lunch was served. The food was the investigating officer: to detain You scolded them every time horrible, only one dish. On the first an innocent person will only hurt they came to see you? day I still could get a fried egg and BN’s credentials and the market some vege, but then it got worse will surely drop. Not really. I wouldn’t flare my the following days. temper at those low-ranking offic- My predictions have been proven ers. They were only doing their job What did you do between lunch right. Perhaps you can argue that as instructed. I could only and dinner? the US market was to blame for grumble at them, telling them this the sharp falls, but this incident government is useless and must The investigating officer would definitely had some impact on the be changed. I was educating them summon me again after lunch, local bourse. in some way! and I spent my seven days there with these officers. What a waste (Teresa later said she even told the Can you tell us again your of human resources. I later com- investigating officer that she was “programme” for a typical day in plained to them that I could not sleeping and eating well, and the lock-up? go on this way without doing any would take care of herself prop- exercises. They were kind enough erly. She said if Pakatan Rakyat After I woke up in the morning, to let me stretch my body in a tiny, successfully seizes power, she the investigating officer would enclosed badminton court. would then become their boss! She meet me at 9.30. If he didn’t come, said the officers were dumb- then no one would talk to me that How did you know where you founded after hearing this.) day, and I would be bored to were when blindfolded? death. On my request, they gave Can you tell us what you did on me a Bible. I was told to put on a very large the first day after your arrest? pair of sunglasses. But when I How did you know the time? Did you feel scared? looked up or down, I could still see the buildings outside. The I knew when it was daybreak, for No. I only felt that my time had more they blindfolded me, the the mosque nearby would sound been wasted, especially when we more I wanted to see. the call for prayers. After seeing were busily preparing for a trade that I was awake, the officer would visit to Taiwan. The most disgust- I was born in KL, and raised at bring in water and bread. They ing thing was that they sent me Jalan Ipoh. The place they brought would come every 15 minutes to back to my cell as early as five in me to would have to pass through check whether I was still alive. the evening - until I was told to Jalan Ipoh or Sentul. Of course I see the investigating officer the knew the place. I told that guy I In short, I felt like I was a pig held following morning. It was damn knew where I was, but I wouldn’t up in a pen. When the time has hot inside the cell. go there to see him. come, they would bring me water and bread. I scolded them, and How long did they normally in- Before you joined politics, you asked them what they were treat- terrogate you? must have heard that DAP lead- ing me as. ers like and Tan They only had something to ask Seng Giaw had all been put un- The toothbrush I used was only on the first two days; after that der ISA detention before. Have half as long as the normal ones. I nothing to ask, only chatting. you ever thought of yourself be- had one little handkerchief, no However, they were very careful ing arrested one day? belt for my pants, not even a piece while talking to me. I asked them of paper or pen. In other words, what the media said about me, I was psychologically prepared

Aliran Monthly : Vol.28(7) Page 14 for it, but I have also been trying not in vain, and I won’t feel so said what or did anything. But very hard not to say anything frustrated anymore. this time, I was arrested without wrong, because I don’t want to any solid evidence; yet they said I end up in the jail. I was also thinking of the judg- had committed the same crime. ment Jesus had to go through. Nowadays we can’t use detention Even though He was crucified on Will this incident make you even any more to lure people to join the cross, He has been remem- more careful when handling cer- politics. I want to tell people, poli- bered by people through the ages. tain issues in the future? You said tics is something very “cool” and I felt that my detention had been Home Minister Syed Hamid fun. We’re not going to use our arranged in such a way that Jesus should be fired. Are you not detention to prove that we have was trying to use my innocence to afraid?afraid?afraid? made great sacrifices. This tactic educate the public on politics. no longer works today. Not at all. I’ve gone to jail before. You said you were feeling down What else should I be afraid of? I don’t want to go to jail. You know during the first two days? Go ahead and sue me! sometimes when I voice up some- thing which could be sensitive, Yes, very anxious too because I I’m not someone looking for especially on the Home Ministry, still had plenty of things to do. We trouble and won’t do such things police and corruption, I usually were in the midst of making prepa- especially after Selangor has come choose to raise the issues in the rations for a trade visit to Taiwan. under us. They are so many things . I won’t talk in a There’re so many things I have to I have tried to avoid, yet they still press conference. do to make sure the mission is (come up with these) accusations moving smoothly. I didn’t know against us. Even for the “stand-squat” inci- for how long more I would stay dent involving the Chinese inside there. I was really very anx- Could you describe your experi- women, we first filed a police re- ious; so I kept asking the officers. ence during those seven days in port and consulted our lawyers just one sentence? before doing anything. In short, I How did you feel or react when tried to (avoid) getting into told that you could be locked up I think it was a trial for me, to test trouble. for another 28 days? my patience. You need a lot of patience in there while being to- Will this arrest affect the way you I was even more “fired up”. I had tally cut off from the outside do things in the future? been very cooperative since the world. beginning. I tried to be nice to Not much. Even if we go to jail, them, and they had actually fin- I’m the organising secretary for we have to make sure it is not in ished what they wanted to ask. DAP, senior executive councillor vain. We can’t go to jail just be- When they told me on Sunday that for Selangor, the MP and state as- cause we have said something we I could be held up for another 28 semblywoman for my constituen- shouldn’t have said. days, I was overwhelmed with cies. I have too many things to do. anger, and scolded them “ini dosa” I know I couldn’t rush through all To be frank, I felt downcast on the (it’s sinful). They kept quiet. My these. I had to learn to cool down. first two days, but after seeing my purpose was to get them to relay parents, who told me many people the message to their boss. Some reporters asked me whether out there were giving me their sup- I cried. The question is I couldn’t port, I began to change my atti- What do you think is the differ- afford to fall off inside there. I tude. ence between you and your DAP couldn’t crack under pressure be- seniors who were once put un- fore those officers, or my political If my detention can raise the der ISA detention? rivals would triumph. people’s awareness of the ISA as well as (direct) their fury towards When Lim Kit Siang was arrested, What inspiration have you drawn the BN government, then I feel it’s they specified where and when he from the detention?

Aliran Monthly : Vol.28(7) Page 15 Other than being a trial, it made Continued from page 12 brance of those I left behind. It was me tougher and more determined. just me and… Him. With so many people behind me for never ever even heard the showing me their support, I word buffet, leave aside imagin- When I fell asleep, I could feel my should be even stronger. This is ing it in their lives. mother and father, both of whom what I got during those seven had left this cruel world, there, days. On behalf of my readers, families smiling at me. It was the strangest and friends and myself too, let us experience; yet such a wonderful Will your aged parents stop you thank Chief Inspector Mohd one. from going into politics after this Azuan Hussin, Detective Sabri incident?incident?incident? and Detective Mahathir, Sergeant On the last day in the Dang Wangi Halim and all the high-ranking Police lock-up, I shared these feel- Too late! They told me I would get officers in the PDRM for taking a ings with the person in–charge of caught one day because of ISA good care of your beloved the lock-up. He looked at me and when I first joined DAP (working Kickdefella. Although it would not said you felt this way because you at DAP headquarters after gradu- be a good idea to be seeing you are innocent. He was very apolo- ation). I said I wouldn’t be so guys often, let me just say this… getic and wished I could under- honoured. Ha! You are really jolly good fellas. stand the nature of his work.

After this incident, you have been “I felt complete” During my last Subuh prayer in the portrayed as the DAP’s “hero- lock-up, I prayed to God that, if in ine.” What do you say? I spent three Ramadan nights in His eyes I was innocent, then the police lock-up, and last night please forgive those who, due to I could only say I was more of a as I lay down on my bed as a free the call of duty, had to do what victim. Anyway, we must thank man, tears flowed down my cheeks they did. I bear no grudge against all the civil organisations for hold- for the first time since the death of them. When we met, we were ing those events to show their my mum. strangers, but we parted as friends. support for me. If I’m really a hero- ine, I must then thank Khir (former The moment I stepped into the For four days and three nights, I Selangor MB), the BN government lock-up in Kota Bharu District was robbed of my rights as a citi- and the Royal Malaysian Police Police Station was the moment all zen of Malaysia, but nobody can for that... confusion subsided. I sat facing rob me of the experience I had the wall all the time because I during that time forever. For those who have smeared you, could not bear looking at the other do you have anything to tell side where the ‘attached’ bath- Abdullah’s regime can only take them?them?them? room was. the freedom from my body but it can never take the heaven from my I’m not going to let them off for I recited Hasbun-Allah-Wa-Ni’ma- heart for God alone is sufficient sure! Wakil and Ya-Malik-ul-Mulk Dzul- for us; He is the disposer of affairs. Jalal-Wal-Ikram all the time only to He the eternal owner of sover- take a break to perform solat and eignty, the Lord of majesty and (Translated by DOMINIC solat sunnat. It was the most peace- bounty. q LOH/Guang Ming Daily) ful time I ever experienced. Those nights, living with a bare mini- Sheih Kickdefella is a film- Teresa Kok is a Selangor mum, lying down on unfinished maker and blogger based in state executive councillor cement, without any shirt to wrap over me; yet, I felt warm. I felt com- KelantanKelantanKelantan Source:Source:Source: MySinchew plete. Source: http://kickdefella. 2008.09.222008.09.222008.09.22 It was an un-worldly moment. I wordpress.com/ felt no fear. No anger. No remem-

Aliran Monthly : Vol.28(7) Page 16 Petra unconditionally and also retract the show cause letters is- sued to the three brave newspa- pers so that democracy can flour- ish and justice be served.

Aliran Executive Committee 12 September 2008 Are ISA detentions aimed at creating climate of fear?

Aliran condemns the further ar- rests under the obnoxious ISA fol- lowing the earlier arrest of Raja Petra Kamarudin and the issu- A record of Aliran'sAliran'sAliran's stand on current affairs. ance of show cause letters to three newspapers. Release Raja Petra undemocratic and unjust laws and retract show such as the ISA and the Sedition What is puzzling is that Tan Hoon cause letters Act. Even individuals who ex- Cheng, the reporter from Sin Chew press and do things that may Daily, was detained for reporting Aliran strongly condemns the de- cause anxiety and pain among the the truth. She had reported the tention of Malaysia Today’s Raja people and possibly inflame eth- offensive racial remarks of Datuk Petra Kamarudin under the dra- nic and religious sentiments Ahmad Ismail during the the conian Internal Security Act and should be accorded their right to Permatang Pauh by-election cam- the issuance of show-cause letters natural justice and be allowed to paign on 23 August. to Suara Keadilan, theSun and Sin defend themselves in an open Chew Jit Poh today as something court. They deserve this in any What is even more troubling is the totally unjustified and unwar- democratic society. fact that ranted. and Selangor State Exco Member Moreover, the government’s dras- Teresa Kok was detained based The government’s atrocious ac- tic action makes us wonder on a lie. She was accused by a tion against RPK and the three whether this is a politically moti- Bahasa Malaysia daily, Utusan newspapers is completely un- vated prelude to a 1987-type of Malaysia, of having told mosque democratic and violates universal political clampdown, which in- officials in Kota Damansara, Sri press freedom, which is the bed- volved mass detentions of inno- Serdang and Jaya to tone rock of democracy. cent individuals most of whom down the call to prayer. Teresa has were not even remotely involved denied the allegation but her de- RPK’s detention is unjust as it in creating the supposed ethnic nial was not carried by the daily. denies him his democratic right tension at that time. to defend himself. He should have In both these cases, those respon- been charged in open court in re- The government’s latest moves sible for inciting ill feelings and lation to the earlier charges made reinforce the suspicion that these animosity among the various against him under the Sedition are desperate measures taken to communities were not taken to Act. By resorting to the ISA, his undermine what is seen as the un- task immediately in order to safe- innocence can no longer be stoppable and his guard our unity and preserve our proven. This is indeed undemo- Pakatan Rakyat mounting a real national harmony. Was this lack cratic, unjust and un-Islamic. challenge to the Barisan of action deliberate to create an Nasional.. atmosphere of uncertainty in or- That is why we, other civil society der to use the ISA? It is not un- groups and concerned Malay- Whatever the case may be, we urge natural for many Malaysians to sians have opposed the use of the government to release Raja believe that these ISA arrests are a

Aliran Monthly : Vol.28(7) Page 17 diversion from the much antici- By her account, Raja Petra had confirm if Raja Petra is taking his pated takeover of the federal gov- been harassed psychologically in medication or whether he is be- ernment by the Pakatan Rakyat. police custody. This stress under ing monitored by a doctor. extreme custodial conditions has Clearly, Raja Petra’s detention caused Raja Petra to lose weight What he is being subjected to is was mainly because he had ex- and he is feeling weak. This is a absolutely unacceptable and un- posed many acts of corruption cause for concern as he is suffer- called for. What makes it worse is and abuse of power that posed a ing from a heart ailment. the fact that Raja Petra’s human threat to the power base of certain rights are being violated with im- politicians. His writings and re- “He spoke very softly and looked punity by a country that sits as a marks did not unleash uncontrol- weak, pale and tremendously member on the United Nations lable reactions among Malay- thin,” Marina told reporters. She Human Rights Council that is sians. Indeed, there are many who attributed this to the fact that Raja tasked with protecting and pre- believe that he is a patriot who has Petra was suffering from a lack of serving human rights. It makes a unflinchingly and courageously sleep because the previous night, mockery of our position on this answered the call of duty to speak he was harassed hourly by offic- Council and renders it untenable. the truth. ers who recorded statements from him. Raja Petra has been arbitrarily ar- Obviously, all three of them - as rested, subjected to cruel, inhu- well as others languishing in our Marina has every right to be wor- man and degrading treatment, detention centres under the ISA - ried over his health because “her and denied a fair and public hear- do not deserve to be treated in this husband suffers from heart artery ing by an independent and im- high-handed manner. blockages and is on medication”. At this point in time nobody can Continued on page 36 Aliran calls upon the Barisan gov- ernment to heed the many calls from caring Malaysians and free The Malaysian government is guilty of violating Article 5 of them immediately. Free the detain- the Universal Declaration of Human Rights which states: ees and free this country from this “No one shall be subjected to torture or cruel, inhuman or degrad- unjust and undemocratic ISA. ing treatment or punishment.”

Aliran executive committee The Malaysian government is guilty of violating Article 6 of 13 September 2008 the Universal Declaration of Human Rights which states: “Everyone has the right to recognition everywhere as a person Raja Petra’s before the law.” deteriorating health The Malaysian government is guilty of violating Article 9 of Aliran is seriously concerned the Universal Declaration of Human Rights which states: over the deteriorating health of “No one shall be subjected to arbitrary arrest, detention or exile.” Raja Petra. According to his wife, Marina Lee Abdullah, “he does The Malaysian government is guilty of violating Article 10 not look good and healthy at all”. of the Universal Declaration of Human Rights which states: “Everyone is entitled in full equality to a fair and public hearing The deteriorating health of Raja by an independent and impartial tribunal, in the determination of Petra is totally due to the callous his rights and obligations and of any criminal charge against him.” treatment of him by the police, who have completely ignored the The Malaysian government is guilty of violating Article 18 universal norms that a detainee of the Universal Declaration of Human Rights which states: is entitled to. “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change to change his reli- “He has been denied sleep and is gion or belief, and freedom, either alone or in community with being put through mental torture,” others and in public or private, to manifest his religion or belief in said his wife after visiting Raja teaching, practice, worship and observance.” Petra.

Aliran Monthly : Vol.28(7) Page 18 ISA Memories Of ISA by former detainees Abdul Aziz Ishak judge of what we are alleged to have committed. Special Guest: Only God has the full facts of the case, not even the The Detention in Special Branch; and the Special Branch is not free Malaysia of an from making mistakes.’ (p. 76) Ex-Cabinet Minister Is The Special Branch Neutral? , Oxford University Press, After his arrest until his Order of Detention is made 1977 out, a detainee is completely under the authority of the Special Branch, and strictly so, with ‘no politi- cal interference by anyone’…. But this rigid proce- dure can be tampered with even before the Special Secret Holding Centre Branch has enough evidence to recommend that a person should be picked up. In fact, it can occur More than once my Case Officers asked me, apro- from above. Those at the top can ask the Special pos of nothing in particular, if I knew the location of Branch to devise a plan to detain so-and-so. This the centre where I was being held. I said I did not. In can happen even in a Government that claims to fact the location of this place, known as the Holding practise democracy’ (pp. 111-112) Centre, was a jealously-guarded secret.… The secu- rity of the place itself, especially of the inmates, S. Husin Ali should not be known to anyone, even to those work- Two Faces: ing in the Police Force — in fact, to no one, that is, Detention other than the Special Branch officers assigned di- Without Trial rectly to such duties. (p. 75) Kuala Lumpur, Insan, 1996 True Lies

They said, ‘Datuk Raja Abu Hanifah and Ishak Haji Mohamed have confessed. So why should you not do so?’ I was not deterred nor deluded by this line of approach. Had they not begun to realize even yet that the answers I had given to their questions were Confess What You Didn’t Do honest? Did they really expect me to break down and tell some other story that would fit in with the Thousands of people have fallen victims to the ISA confessions? As far as I was concerned, how did I since it was introduced in 1960. My experience un- know whether this statement about the confessions der this act is little, compared to what has been ex- was fiction or fact? If it was fiction, they must think perienced by many others. There were those who me a fool indeed. If it was fact, then what did it mat- were detained for more than fifteen years; and there ter? My story was mine; their stories were theirs. At were also those who were forced to take their lives this point we reached a stalemate. (pp. 105—6) because they could not bear the sufferings any more. … Experience has shown that it is so easy for peo- Is Special Branch God? ple to be branded, accused, detained and tortured, until they are forced to confess to what they never ‘None of you’, said I, ‘should appoint yourself a even did. (p.vi)

Aliran Monthly : Vol.28(7) Page 19 Bad Cop, Worse Cop But in my present condition I couldn’t do anything at all. No one could fault me or my sons if their edu- ‘You know. I can force you to crawl and lick the cation declined. (p. 26, translated) floor,’ he shouted. I continued to remain silent. Go to hell with him! If they refused to believe me and ‘Turning Over’ The Family wanted to torture me, let them. God would repay them for all they did. As I have said, the ‘turning over’ techniques go be- yond moral considerations: whether they are law- ‘You must talk. Otherwise, I will beat you up,’ say- ful is a question that never arises. Hence even your ing that, he walked out. family can sometimes be a space that will be tres- passed. You are brought to meet with your wife or His friend was still there, sitting. He asked me to sit. family at a certain hour but your wife or family are He spoke to me in a soft and civilised way. He asked told to come at another time, an hour later, or they me to give my cooperation. He began to relate a few may not have been told to come at all. When you incidents when we were in school together in Batu come and you wait and your family do not show Pahat. So, he was playing the ‘good guy’ role, com- up, you feel dejected, maybe even angry. Then they pared to the ‘bad guy’ just now. (p.107) will say to you that your family or your wife are not concerned with you anymore, and they will insti- Do Unto Others… gate you to divorce your wife. Or your wife may be visited by a police officer for the purpose of winning I did a lot of free exercise in the room, any time I felt her over and persuading her to divorce you. (p. 35, like doing so. One day, I saw a picture of the Minis- translated) ter of Home Affairs in the newspaper that they used to wrap my food. I took the paper and for three or Tireless Interrogators four days I exercised by jumping repeatedly on it, until the picture was tattered. I only wanted to re- That night I was interrogated till the next morn- lease my tension. (p. 114) ing by a new team of interrogators whom I’d met the evening before. They took turns, two or three Kassim Ahmad of them every two hours. I was made to sit on a Universiti Kedua: round stool with no back. Compared to the first Kisah Tahanan Di team, this team was extremely rough. They spewed obsenities, screamed at me, cursed, Bawah ISA scolded, insulted and humiliated me all through Petaling Jaya, the night. (p. 49, translated) Media Intellek, 1983 James Wong Kim MinMinMin The Price of Loyalty Singapore, Summer Times Publishing, Father And Sons 1983 I wanted to cry but my tears wouldn’t flow. The face of my youngest son, Ahmad Shauqi, nine years of age then and in Standard 3, floated before my eyes. He was the child to whom I was closest. I thought, he surely wouldn’t understand why his father was arrested. My two other sons were in Form 3. The What A Feast! second had gone ‘express’ two or three years ear- lier; hence both were placed in the same class. My Breakfast consisted of one small green banana heart was filled with worries over their education. (pisang embun), one slice of plain bread and a

Aliran Monthly : Vol.28(7) Page 20 glass of watery black coffee. Lunch came in the Kua Kia Soong form of a newspaper-wrapped packet containing, 445 Days Behind The in a plastic sheet, some white rice, a spoonful or Wire: An Account Of two of curry gravy and, on top of the rice, two The Oct 1987 ISA small fried ‘ikan curot’, a fish about the size of Detentions my index finger. That was all. Dinner was virtu- Kuala Lumpur, ally the same, except that in place of ikan curot sometimes there would be a thumb-sized piece of Selangor Chinese salt fish with some vegetable scraps such as Assembly Hall, traces of pumpkin. (p. 41) Resource and Re- search Centre, 1989 See No Evil, Hear No Evil, Do What You’re Told Hell Of A Cell ‘Dato, as you know we are only police officers The first thing that struck me on entering the cell doing our job. We’ll report everything you said was the suffocating confinement of the walls. The but frankly we still have no idea why you were biggest window to the beyond was a hatch on the arrested. We simply cannot see any reason for dark green heavy door. This hatch was scarcely large your arrest but it is not for us to say whether or enough for a fist and a mug. It faced the cell oppo- not you will be served with a detention order. site. There was not much to see as all the hatches That is up to our superiors and the Minister con- were kept tightly shut at all times... cerned.’ (p. 47) A concrete platform protruded from the wall oppo- Guilty From The Start site the door. With a thin slab of plywood atop, this was the bed which was big enough for a six footer. I have already referred several times to the fal- Contiguous with this, on the same side of the wall sity of the accusations against me. During my was my “attached bathroom”, all three-and-a-half time in detention I made frequent representa- by three of it. It was wholly dominated by a squat- tions, directly and through my lawyers, to the toilet and a tap... government protesting that I had been wrong- fully accused; but to no avail…. A horrifying In this claustrophobic space I was to spend sixty aspect of detention without trial in the Malay- one days of solitary confinement. (p. 21) sian manner is that the detainee is considered guilty from the start. The old and honourable Going On The Air maxim that a person accused of a crime is in- nocent until proven guilty means nothing. Early on during the second week or so, I was asked From the moment I was arrested some officials if I would like to do an interview on TV. I said, ‘Why seemed delighted to regard me as guilty. (p. not, if I can say whatever I want to say?’ I was given 76) a piece of paper and I wrote, among other things, that I was more convinced than ever the ISA is a Opposition Worse Than Criminals most iniquitous law if it can be used against inno- cent people like me; that I was relieved that the Why should I, a former parliamentarian and offi- UMNO rally had been cancelled. My IOs took one cial Leader of the Opposition in Parliament, and look at it and said they would show it to their supe- one of the founders of Malaysia, be treated worse riors. I did not hear anymore about television inter- than a common criminal, kept in solitary confine- views after that. (p. 39) ment, without exercise, on a starvation diet, sleep- ing on a cold, concrete bed, with one thin blan- Why Don’t We All Join ket, no pillow, no sleeping mat, let alone mattress, Barisan Nasional? no mosquito net for what turned out to be sixty- six days and nights? (p. 52) ‘Why don’t you join the Barisan Nasional (the rul-

Aliran Monthly : Vol.28(7) Page 21 ing coalition)?’ was a constant refrain and offer that redress. (p. 110) was put to me during the interrogations…. ‘Don’t you know you have been used? We’ve got statements And We’re All Human Beings from one of your leaders (also under detention at Under sustained duress, detainees can behave in the time) to show that he has used you all along!’ unusual manners. The pressure of a caged person in addition to temporary or permanent damage sus- This sort of bluff was a tactic they used quite often. I tained during the first 60 days can affect detainees’ replied by saying how thin the government’s propa- behaviour. Therefore, we have to give allowances to ganda was whenever they said that people had been fellow detainees. Tempers would flare and suspi- used: ‘When rubber tappers or others in the poorer cion of certain members would arise. Friction would classes are unhappy, you accuse them of being used occur with or without conflicts of ideology and per- by others; now even an academician with a PhD sonality. (p.116) has been used like a puppet!’ (p. 41)

Dr Tan Seng Giaw The First 60 Days: The 27 October ISA Arrests Petaling Jaya, , 1989 Tan Jo Hann Tan Jo Hann Tan Jo Hann Tan Jo Hann Tan Jo Hann

Lightning Force

Special Branch officers are trained as professionals to strike at detainees with lightning, to demoralise them and to extract as much information as possi- ble in the shortest time, so that more arrests, particu- larly of underground activists, can be made. With determined, non-violent and non-subversive detain- ees, their previous methods are out of date. Never- theless, detainees are at their mercy. They use what- Tan Jo Hann Tan Jo Hann Tan Jo Hann ever method to break those detainees provided they Tan Jo Hann Tan Jo Hann can get away with it. As a result, some detainees sustain permanent damage in one way or another. (p. 64)

Don’t Believe The News

Whenever newspapers, journals or television carry unfavourable or distorted news or lies against them, detainees may feel outraged. It is like adding insult to injury. The callousness of the Home Minister and his deputy is evident; they take special pleasure in doing it. From time to time, detainees would send letters, telegrams or ask their legal advisers to seek

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Aliran Monthly : Vol.28(7) Page 23 COVER STORY Abuse Of Power Under The ISA

by P Ramakrishnan, President of Aliran

o law in all our statutes purpose ended with the NN shames us as a nation or communists’defeat and subse- NNN undermines our demo- quent surrender a long time ago. cratic system of govern- ment more than the Internal Secu- If ever in the past the ISA was a rity Act. necessary evil to preserve the in- tegrity of our society, protect the Shorn of the sickening justifica- security of the country, and main- tions surrounding it, the ISA tain peace in our lives, today the stands out as a barbaric law that ISA is evil, pure and simple. goes against all our notions of what law and justice should Don’t fall for the propaganda fed mean. Viewed dispassionately, to us by the compliant media. the ISA is a law that can have no Don’t call ISA the instrument of place within the Rule of Law. order or security or peace. For once, let us heed the wisdom of ISA Itself Is Dr Mahathir Mahathir, practi- Abuse Of Law tioner par excellence of the ISA, and call a spade a spade. Although we’re here to discuss the abuses of power under the ISA, we Call the ISA simply ‘the tool of must first insist that there cannot political oppression’, a legal in- be such a thing as an ‘abuse-less’ strument employed to stifle law- application of ISA. We must in- ful dissent and silence legitimate sist that the ISA is in and of itself criticism to perserve nothing more an intolerable abuse of power. noble than the power and vested interests of the ruling politicians From the very beginning of its ap- and their allies. plication, the ISA has made a mockery of natural justice by de- That and that alone explains why nying its victims, indeed by deny- this obnoxious piece of legislation ing all citizens, their constitu- has been kept to this day despite tional right to due process, self- ever growing demands for its un- defence and liberty. conditional repeal.

If ever the ISA had a legitimate Again and again the ruling poli- purpose during the dark days of ticians have preferred to use the the communist insurgency, that ISA to put down political disaf-

Aliran Monthly : Vol.28(7) Page 24 fection rather than to resolve it been established, and a judgement All Kinds Of Victims democratically or by other non- delivered can sentencing be coercive means. passed. Only then can a guilty The ISA confers draconian pow- person be compelled to pay the ers. The ruling government has They have become so used to de- penalty for his or her crime. proceeded to abuse those powers taining individuals without trial with impunity over the years. The that they have come to love the fact ISA subverts this entire process by insurgency ended years ago. The that they don’t have to justify their which people may be legally held ac- country ceased to face an external dastardly acts. countable for their actions. Under confrontation even earlier. Today ISA, an accusation precedes an in- our society is in no danger of be- Indeed the BN government has vestigation which rarely means ing torn apart by violence. become so addicted to the use of anything more than secret inter- ISA to defeat its rivals and critics rogation in an undisclosed place. But ISA continues to claim its vic- that it would be writhing like a Worst of all, judgement has in fact tims from all walks of life and all cold turkey suffering withdrawal been passed when a person is ac- ethnic backgrounds. pains if BN no longer had access cused under ISA. to the dope of the ISA. Made up of men and women of In practice ISA means detention all ages, the ISA victims have in- Yet supporters of the ISA have without trial, for up to sixty days cluded suspected — and let us never ceased to impress upon all at first, and subsequently up to never forget to emphasise ‘sus- law-abiding citizens that the ISA two years at a stretch, renewable pected’ — communists, socialists, is an anti-subversion law. That is indefinitely. Detention without trade unionists, peasant leaders, a lie. trial simply means that the police student activists, oppositionists, judge and sentence first, and only educationists, chauvinists, seces- The truth is, the ISA itself is a sub- after that do they investigate. sionists, environmentalists, Is- versive ‘law’. lamists, NGO workers, church What is the purpose of this sub- activists, secret society members, What Does version of natural justice? What identity card and passport rack- The ISA Subvert? is the intent behind this inver- eteers, counterfeiters, and smug- sion of due process? It is merely glers of illegal aliens. It subverts natural justice. Natural to vindicate the actions of the justice demands that any person police and the politicians who As you can see, it takes all kinds accused of a crime should have direct them. of people to inhabit the world of the right to due process, and to be the ISA. presumed innocent unless and What else does the ISA subvert? until he or she is convicted in a But ISA’s present detainees and court of law. By reason of natural The ISA subverts the checks and bal- ex-detainees share this in com- justice, an investigation must ances that are critical to the fair main- mon: In the eyes of those who up- come before an accusation, and tenance of the rule of law. Under ISA, hold the just rule of law, these ISA that an accusation must be spe- the Minister of Home Affairs and victims have never been tried in cifically and accurately framed in his police make up the arresting an open court of law, let alone court, and that guilt must be officers, the prosecutors, the convicted of specific crimes proven beyond a shadow of judges and the executioners, a ‘4- against society. doubt. in-1’ system that permits no one to question what they do so long It is fundamentally no concern of Moreover, a prosecutor accuses as they yell ‘national security’! No ours whether they think differ- but does not judge. Judgement can one can then counter their heavy- ently, see the world differently, only be passed by judges who handed actions — not concerned speak, or even act differently from evaluate evidence, consider argu- citizens, not lawyers, not elected the rest of us. So long as they break ments and uphold law. Only af- representatives, and not even no law, so long as they are not ter the guilt of an accused has courts of law. openly charged, fairly tried and

Aliran Monthly : Vol.28(7) Page 25 justly convicted, we must presume them innocent.

Of course, there are people who don’t believe in these basic prin- ciples of the rule of law. There are people who want to impose harsh rule by unjust laws. Hence, the Minister of Home Affairs, his rul- ing politicians, and the police who do their bidding have always treated and continue to treat ISA detainees as worse than con- victed common criminals.

An ISA victim is typically incar- cerated when a police officer be- lieves him or her to have ‘acted or is about to act or is likely to act in any manner prejudicial to the se- curity of Malaysia’. It’s not as if the ISA victim is typically appre- hended when he or she is on the brink of committing a crime. He or she is usually arrested at home aren’t stupid, is Law. And this, note that they don't bother to deny in the early hours of the morning we’re assured by people who oc- knowledge of the abuses of power when the people disturbing the cupy the highest offices of the na- that take place once an ISA de- peace are the arresting officers! tion, is Justice. tainee is placed in the hands of Special Branch interrogators. In fact, as has been demonstrated However, even the simplest of po- in case after case after case, the litical simpletons realize that this They don’t bother to deny because police and their political bosses claptrap about people acting, or they know abuses take place rou- need not show any hard evidence about to act, or are likely to act ‘in tinely, and they condone these of anyone’s guilt, and have not a manner prejudicial to the secu- abuses. The reasons are simple. even bothered to adduce any evi- rity of Malaysia’ gives the BN a First, the jailors and interrogators dence worth producing in court. free hand to dismiss the constitu- put their victims under intolerable tional guarantees of human rights stress as part of their ‘turnover’ Except in a kangaroo court, the and to violate the civil liberties of techniques. Second, they hope to mere beliefs, simple suspicions the citizens of this country. extract confessions that will vin- and untested utterances of the dicate the conviction-without- police and their political bosses We know the sweeping powers trial. aren’t sufficient to hang a dog. which the Minister of Home Af- fairs wields under the ISA. Hardly The specific ways which the Spe- Under ISA, however, someone anyone caught in an ISA dragnet cial Branch interrogators employ needs only to chant ‘prejudicial has ever found an escape route. to reduce detainees to helpless- to the security of Malaysia’, and Most have suffered prolonged in- ness and indignity are well that is enough to deprive a man carceration. known. If it’s not too disturbing or a woman of his or her liberty for us to be reminded of the terri- for indefinite periods of time. If one scrutinizes the statements ble maltreatment of ISA detainees, of the ruling politicians and sen- let me refer to some accounts re- All this, we’re told by people who ior police officers, one can quickly corded by ex-detainees.

Aliran Monthly : Vol.28(7) Page 26 Jamaluddin Othman @Yeshua Jamaluddin, a Malay who converted to Christian- ity and subsequently became Pastor of the Fellowship of Indigenous Christians in Selangor, arrested on 27 Oct 1987

His interrogators stripped him naked and forced At one stage of interrogation, he was made to him to enact the crucifixion of Jesus Christ. As stand for two hours on one leg with both arms he was made to crawl naked on the floor, for 10 outstretched holding his slippers. A woman minutes, one Inspector Yusoff told several other constable and her young daughter were Special Branch officers in the room, “Ini orang brought in to watch him while a police constable Melayu tak sedar diri.” said, “Ini Melayu tak sedar diri, tukar agama, tak malu.” He was not allowed sleep for days at a stretch and was warned that he would not be fed un- Jamaluddin was also coerced to convert back to less he co-operated. The same Inspector Yusoff Islam. also threatened to “disturb” his girlfriend if he did not divulge the information they demanded. “I got the clear impression that all my inter- Inspector Yusoff and two other Inspectors, views with the Special Branch was for the pur- Zainudding and Ayub, assaulted him on sev- pose of getting me to change my religion from eral occasions, causing him to injure his back Christianity to Islam,” he told the Supreme and pass out blood in his urine. Court.

Abdul Rahman Hamzah, a former State Assemblyman and political secretary to the former Sarawak Chief Minister, arrested on 20 Sept 1988

He told of how he was so severely beaten by his to a helpless wreck. If he stopped from exhaus- interrogators that at one stage, he lost conscious- tion, they kicked him. ness out of pain and fear. They put a large tin over his head and hit it hard Among other things, his interrogators throttled with a stick. The sound within was deafening him until saliva dribbled down his chin and and he suffered cuts and bruises all over his his tongue hung out, all the while hitting him head and face. He was also given the notorious in the face and head. They twisted his wrist and “wet treatment”. They pushed his face into a his body round several times before swinging filthy squat-type toilet and flushed it repeatedly. him violently against the wall. He was forced to perform mock sexual acts by his sneering tor- Abdul Rahman recalled, “The interrogators turers, who also used stretched rubber bands to would appear to be possessed by the devil. When flick painfully at his ears, chest and nipples. they interrogated me, their lips, hands and fin- gers would quiver. At times like this, I was fright- They threw ashtrays at him and beat and poked ened as I felt I was in the hands of people who at him with a broom. He had to do endless had lost their reason.” strenuous exercises like duck-walking, leap- frogging, crawling on all fours and The torture only stopped after he caved in and “swimming”on the floor. All these were aimed “confessed” to having planted explosives at the at destroying his self-esteem and reducing him Sarawak Semarak site in July the previous year.

Aliran Monthly : Vol.28(7) Page 27 Irene Xavier, social activist, arrested on 31 Oct 1987.

She was abused, insulted, threat- most humiliating experience in my life. I was ened and bullied like an animal. forced to stand there while an inspector of the Special Branch beat me with a stick - to re- “I shall always remember how on mind me that they were not going to treat the ninth day of my detention, I women more leniently. I was truly in a state was beaten with a stick. It was the of shock."

Chow Chee Keong, social activist, arrested on 28 Oct 1987.

He was questioned for nearly 13 hours, coerced dles of newspapers. to admit to being a Marxist . They also enjoyed kicking his chair from under An interrogator tried to burn his genitals him, causing him to topple to the floor and splash- with a burning rolled-up piece of newspa- ing him with cold water before standing his per. They pulled his hair, stepped hard on drenched body in front of the air-conditioner. He his fingers and toes with their booted feet was made to do so many push-ups that he could and whacked his back with rolled-up bun- hardly lift his arms to feed himself.

Dr Munawar Ahmad Anees, Anwar's former speech writer, arrested on 14 Sept 1998.

"They screamed and screamed and In his affidavit, he summed up his horrendous screamed, in my ears, at my face, at experiece: me, again and again, over and over asking me to say 'yes' until I gave in "They stripped me of all self-respect; they degraded and broke down saying yes, yes." me and broke down my will and resistence; they threatened me and my family; they frightened me; The way Munawar raved and raged against a they brainwashed me to the entent that I ended legal counsel who had turned up to represent up in court on 19 Sept a shivering shell of a man him, exposed the cruel and chilling terror of tor- willing to do anything to stop the destruction of ture and trauma he had been subjected to. my being."

If all the above abuses and more have been revealed wrongdoings in public and high places. to the public, why should anyone think that the sen- ior police officers and their political bosses don’t Consequently, the threat of ISA underlies the perva- know the extent of what goes on in the ISA’s Cham- sive culture of fear we all live with. That’s how ISA ber of Horrors? creates BN’s ‘silenced majority’! The culture of fear is never more obvious than when the ruling politi- There is another reason why they don’t deny the cians feel threatened. routine abuses of power under ISA. They want the maltreatment of detainees to deter other people from For instance, every time UMNO faced a crisis, peo- standing up for their rights as citizens and from ple quaked at the prospect of an ISA witchhunt. In being counted among those who openly criticise the 1970s, Tun Abdul Razak aides ended up as ISA

Aliran Monthly : Vol.28(7) Page 28 detainees. (Ironically a ‘suspected communist’ named Mahathir was saved from ISA’s clutches by the honourable conduct of an ISA de- tainee, Syed Husin Ali.) In 1987 Operasi Lalang had few UMNO culprits but overwhelmingly non- UMNO victims. When Al Arqam leaders boasted they would take on UMNO in the elections of the 1990s, they, too, ended up being the guests of the ISA.

Most recently, after UMNO’s se- vere loss of credibility from the Anwar Ibrahim affair, ‘Reformasi activists’ have been detained with- out trial. And with PAS’s grow- ing two-faced as usual in defend- should know that nothing that ing influence, ‘Islamic militants’ ing their continued use of ISA. the USA passes in alarm, fear and have been likewise imprisoned. Even they don’t buy their own ar- anger can retroactively justify guments. what the BN government has However, the political awakening cold-bloodedly done over many, that produced reformasi also pro- On the one hand, they want to sell many years. duced an unprecedented opposi- the ISA’s preemptive detention tion to ISA. Even the courts have without trial. What is their motive In these times of confusion, the lately ruled that ISA’s use was un- if not to get the Bush administra- global responses to terror can take constitutional. tion to stop cold-shouldering many different paths, including Mahathir over the Anwar affair? severe curbs on civil liberties and In short, the ISA had always been human rights in USA itself. But a weapon used to terrorize the citi- On the other hand, they argue that we, who have nothing to do with zens of this country. USA shouldn’t attack Afghani- terror and terrorism, musn’t be stan ‘ without evidence’. What is misled when the BN government ISA And September 11 their agenda here other than to recycles old threats and invents associate with Muslim demands new dangers. September 11, 2001, some argue, that terrorism be fought not with has changed everything. The terri- violence but with justice? With the rest of the world who ble attacks on the Pentagon and the stand for peace and justice, we World Trade Center buildings, Let us ask: Can one truly recon- deplore what happened on Sep- they think, indicate the need for cile ISA with justice? Or are tember 11. But in doing so, let us harsh laws to preempt terrorism. Mahathir & Co. simply running not forget that the rest of the world with the hares and hunting with stood with us in deploring the use No one is happier in these circum- the hounds? of the ISA ... long before Septem- stances than Mahathir & Co. who ber 11. q now want to export ISA as an anti- Let our de facto law minister, Rais terrorist weapon! They want us to Yatim answer. He described imagine, and they want the world Bush’s draconian ‘Save America The above talk was given at to believe that had there been an Act 2001’ as being ‘controversial the Festival Of Rights or- ISA in the USA, there wouldn’t and extreme’. He should know, ganised by Bar Council, have been September 11. he having been ISA’s critic when Hakam & Sisters In Islam in Team B, and now ISA’s apolo- on 8 Dec 2001 Mahathir & Co. are, however, be- gist in Mahathir’s Team. He

Aliran Monthly : Vol.28(7) Page 29 CHAMBER OF HORRORS

The initial 60 days of detention are the most harrowing both for the detainee and his or her family. Both sides are in the dark as to where they are detained; both are kept on tenterhooks regarding family visits.

The place of detention is referred to as Ma- laysia’s own Chamber of Horrors. Here the detainees are at the mercy of the Special Branch tactics.

Evidence gathered so far indicates that de- tainees were generally subjected to pro- longed interrogation in deliberately over- cooled rooms, deprived of sleep for extended periods of time and threatened with indefi- nite detention without trial. An Amnesty In- ternational report released on Dec 20, 1988 pointed out that interrogators humiliated and terrorised several detainees during in- terrogation with mock sexual assaults. Un- cooperative detainees were beaten up, punched and slapped.

Detainees were mostly held incommunicado during the 60-day period. In many cases, their families had no notion where they were be- ing held. Others were given limited access to families, relatives, and defence counsel. One detainee has described the so-called investi- gation period as “a licenced period for the Special Branch to terrorise and torture.” The systematic use of physical and mental tor- ture in the course of interrogations violates not only international legal standards, but the Universal Declaration of Human Rights, also one of the most important documents of the 20th century.

Article 5 of the Declaration lays down very clearly that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Yet, witness what had taken place in the Chamber of Horrors.

Aliran Monthly : Vol.28(7) Page 30 List of known ISA detainees as at 24 September 2008 DetaineeDetaineeDetainee AllegationAllegationAllegation Date of arrest Current status

Yazid Sufaat Businessman, ; 09/12/01 Sent to KDC on 30 Jan 2002. Detention alleged JI member order extended in Jan 2004

Suhaimi Mokhtar Businessman, Kuala 29/12/01 Sent to KDC on 22 Feb 2002. Detention Lumpur; alleged JI order extended by two years in Feb 2004.

Dr Abdullah Geo-info Lecturer, 03/01/02 Sent to KDC on 28 Feb 2002. Detention Daud UTM ; order extended by another two years alleged JI member in Feb 2006.

Shamsuddin Asst. Accountant, 17/04/02 Sent to KDC on 13 June 2002; Habeas Sulaiman Health Ministry; corpus rejected on 17 Feb 2004; trans- former ITM student; ferred to an undisclosed police re- alleged JI member mand centre in KL on 11 June 2004; detention order renewed on 12 June 2004

Mat Shah Mohd Technician, Dewan 18/04/02 Sent to KDC on 13 June 2002; trans- Satray Bahasa dan Pustaka, ferred to an undisclosed police re- originally alleged to be mand centre in KL on 11 June 2004; KMM member, later detention order renewed on 12 June alleged to be JI member 2004; Federal Court rejects habeas corpus appeal on 2 Feb 2005: files habeas corpus application in Aug 2006. Detention order extended again in June 2006 and yet again in June 2008.

Abdul Murad Trader (rental of agricul- 16/10/02 Sent to KDC on 2 Dec 2002; Federal Sudin tural equipment), Court rejects habeas corpus appeal on Teluk Intan, Perak; 2 Feb 2005; files habeas corpus appli- alleged JI member cation in Aug 2006.

Zaini Zakaria Electrical engineer, ex- 08/12/02 Sent to Kamunting on 6 Feb 2003 - TNB and Malaysia Detention no. 2580/03 Airports; helped set up Luqmanul Hakim religious school in Tanah Merah, ; alleged JI member

Zainun Rashid Foreign national; mid Dec 2002 Sent to Kamunting on 6 Feb 2003 Alleged JI member

Wan Amin Alleged JI member 2003 Sent to KDC effective 20 Mar 2003 Wan Hamat

Aliran Monthly : Vol.28(7) Page 31 List of known ISA detainees as at 24 September 2008

Sulaiman Businessman, 05/06/03 Alleged that he was stripped naked Suramin Sandakan; Alleged JI and mocked; Sent to KDC on 1 member August 2003

Sufian Salih Filipino national; 2003-2004 Sent to KDC on 28 Feb 2004; Filed habeas corpus application in Aug 2006

Mohd Khaider Businessman, 38, 11/01/04 Sent to KDC on 28 Feb 2004 Kadran allegedly “a leader of JI”

Hasim Talib Filipino; alleged JI Dec 2003 - Sent to KDC on 28 Feb 2004 involvement Jan 2004

Zakaria bin Alleged JI member; 2004 Sent to KDC on 30 Jan 2004 Samad Indonesian national

Ahmad Zakaria Alleged JI member; 2004 Sent to KDC on 30 Jan 2004 Indonesian national

Terhamid bin Alleged JI member; 2004 Sent to KDC on 30 Jan 2004 Dahalan Indonesian national

Abdul Rahman Alleged militant 05/01/05 Sent to KDC on 4 Feb 2005 Ahmad @ separatist of Thailand Deraman Koteh

Mahfudi Alleged JI member; 2005 Sent to KDC on 2 Aug 2005 Saifuddin Indonesian national

Mulyadi Alleged JI member; 2005 Sent to KDC on 2 Aug 2005 Indonesian national

Arifin Alleged JI member; 2005 Sent to KDC on 2 Aug 2005 Indonesian national

Mat Tarmizi Foreign national; 2005 Sent to KDC on 9 Sept 2005 Zakaria Alleged Thai separatist

Lai Kin Choy Alleged counterfeiter 2005 Sent to KDC

Lai Kee Yew Alleged counterfeiter 2005 Sent to KDC

A Artas Alleged member of 16 Mar - Sent to KDC on 16 May 2006 A Burhanuddin “Darul Islam ” 3 Apr 2006 from Tawau

Aliran Monthly : Vol.28(7) Page 32 List of known ISA detainees as at 24 September 2008

Francis Indanan Alleged member of “Darul 16 Mar - Sent to KDC on 16 May 2006 Islam Sabah” from Tawau 3 Apr 2006

Mohd Nazri Alleged member of “Darul 16 Mar - Sent to KDC on 11 May 2006 Dollah Islam Sabah” from Tawau 3 Apr 2006

Mohd Arasad Alleged member of “Darul 16 Mar - Sent to KDC on 16 May 2006 Patangari Islam Sabah” from Tawau 3 Apr 2006

Adzmi Alleged member of “Darul 16 Mar - Sent to KDC on 16 May 2006 Pindatun Islam Sabah” from Tawau 3 Apr 2006

Idris Lanama Alleged member of “Darul 16 Mar - Sent to KDC on 16 May 2006 Islam Sabah” from Klang 3 Apr 2006

Aboud Ghafar Indonesian; Alleged member 16 Mar - Sent to KDC on 16 May 2006 Shahril of “Darul Islam Sabah” 3 Apr 2006

Jeknal Adil stateless; Alleged member of 16 Mar - Sent to KDC on 11 May 2006 “Darul Islam Sabah” 3 Apr 2006

Binsali Omar Filipino (Malaysian PR); 16 Mar - Sent to KDC on 11 May 2006 Alleged member of “Darul 3 Apr 2006 Islam Sabah”

Husin Alih Filipino national; Alleged 2006 Sent to KDC on 28 July 2006 member of “Darul Islam Sabah”

Yussof Mohd Filipino national; Alleged 2006 Sent to KDC on 23 Aug 2006 Salam member of “Darul Islam Sabah”

Abd Jamal Filipino national; Alleged 2006 Sent to KDC on 23 Aug 2006 Azahari member of “Darul Islam Sabah”

Pakana Selama PR status; Alleged member of 2006 Sent to KDC on 28 Sept 2006 “Darul Islam Sabah”

Kasem Dayama Foreign national; Alleged 2006 Sent to KDC on 19 Oct 2006 foreign agent

Shaykinar Guat Stateless; Alleged member of 2006 Sent to KDC on 19 Oct 2006 Darul Islam

Argadi Stateless; Alleged member of 2006 Sent to KDC on 19 Oct 2006 Andoyok Darul Islam

Aliran Monthly : Vol.28(7) Page 33 List of known ISA detainees as at 24 September 2008

Ng How Chuang Alleged document falsifica- 2006 Sent to KDC on 30 Nov 2006 tion

Ng Keat Seng Alleged document falsifica- 2006 Sent to KDC on 30 Nov 2006 tion

Mohd Azuan Alleged foreign agent 2006 Sent to KDC on 18 Dec 2006 b Aniffa

Mohd Faizol Alleged foreign agent 2007 Sent to KDC on 20 March 2007 Shamsudin

Zulfikli Abu Bakar Alleged foreign agent 2007 Sent to KDC on 20 March 2007

Zulfikli Marzuki Alleged JI involvement 2007 Sent to KDC on 20 March 2007

Amir Hussain Foreign national; Alleged 2007 Sent to KDC on 28 April 2007 document falsification

Mohd Nasir Ismail Alleged JI involvement 2007 Sent to KDC on 30 May 2007

Ahmad Kamil Alleged JI involvement 2007 Sent to KDC on 30 May 2007 Hanafiah

Muh Amir Alleged JI involvement 2007 Sent to KDC on 30 May 2007 Hanafiah

Tan Choon Chin Alleged document falsifica- 2007 Sent to KDC on 12 Sept 2007 tion

Mavalavan Alleged foreign agent 2007 Sent to KDC on 22 Sept 2007

Lian Kok Heng Alleged foreign agent 2007 Sent to KDC on 22 Sept 2007

Sundaraj Vijay Foreign national; Alleged 2007 Sent to KDC on 18 Oct 2007 document falsification

San Khaing Foreign national; Alleged 2007 Sent to KDC on 18 Oct 2007 document falsification

P Uthayakumar Hindraf legal advisor; 13/12/07 Sent to KDC on 13 Dec under lawyer two-year detention order

M Manoharan Hindraf leader; lawyer 13/12/07 Sent to KDC on 13 Dec under two-year detention order

R Kenghadharan Hindraf leader; lawyer 13/12/07 Sent to KDC on 13 Dec under two-year detention order

Aliran Monthly : Vol.28(7) Page 34 List of known ISA detainees as at 24 September 2008

V Ganabatirau Hindraf leader; lawyer 13/12/07 Sent to KDC on 13 Dec under two-year detention order

T Vasanthakumar Hindraf organising 13/12/07 Sent to KDC on 13 Dec under secretary; lawyer two-year detention order

Shadul Islam Not known 01/07/08 Sent to KDC (ATP 2698/2008)

Abdul Sathar Not known 01/07/08 Sent to KDC (ATP 2699/2008) Mohammad Sarjoon

Faycal Mamdouh Not known 01/07/08 Sent to KDC (ATP 2700/2008)

Mahamad Nakhrakhel Not known 01/07/08 Sent to KDC (ATP 2701/2008)

Muhammad Shuaib Not known 01/07/08 Sent to KDC (ATP 2702/2008) Hazrat Bilal

Muhammad Zahid Not known 01/07/08 Sent to KDC (ATP 2703/2008) Haji Zahir Shah

Raja Petra Kamarudin Blogger; allegedly 12/09/08 Sent to KDC on 23 Sept 2008 insulted Islam We will abolish the ISAISAthe as soon asasas we come to power

nwar turut menegaskan Pakatan membalas dendam, ganas dengan menggunakan AAA Rakyat akan mentadbir negara dengan ISA dan pendirian kita adalah untuk adil dan akan menghapuskan ISA membatalkan Akta Keselamatan Dalam Negeri apabila menjadi kerajaan pusat. sebaik sahaja kita memerintah,” jelas beliau. q

“Saya fikir wajar untuk kita (PR) mengetengahkan ‘Peralihan kuasa: Perkara yang amat menakutkan kenyataan tentang kekuatan kita bahawa kita Umno, BN- Anwar’, Suara Keadilan, 24 September akan mentadbir dengan adil dan bukan untuk 2008

Aliran Monthly : Vol.28(7) Page 35 Continued from page 18 thorities acted rather arbitrarily The ISA is evil; without any conscience or shame. ISA must go! partial tribunal in determining his guilt. He has not been The Minister of Home, Datuk Seri It is outrageous that Raja Petra recognised as a person before the Syed Hamid Albar, deservedly has been sent to the Kamunting law and has been denied his right became a laughing-stock in this Detention Centre to serve his two- to freedom of thought and con- episode with his vain and ridicu- year detention under the Internal science. All these are serious vio- lous attempt to justify the deten- Security Act. lations which must be thoroughly tions of Raja Petra, Tan Hoon condemned. This cannot be con- Cheng and Terea Kok. The dis- doned especially when the per- torted versions for their detentions The Home Minister cannot justify petrator is a member of the Hu- only brought shame to the Barisan his action; neither can he con- man Rights Council. Nasional which had no moral vince the public at large that he authority to act in this high- had acted in the interest of the Aliran calls upon the Malaysian handed fashion. nation. government to stop its violation of the Universal Declaration of Now that Tan and Theresa have It is a political decision to put Human Rights, to release Raja been released we can say, “Two away a brave and committed Ma- Petra immediately and to live up down, one more to go!” Indeed, laysian into oblivion so that the to its obligations as a member of the last remaining detainee under Barisan Nasional will not be ridi- the United Nations. the recent ISA detention exercise, culed by Raja Petra’s wit and wis- Raja Petra Kamarudin, must also dom on a daily basis. He had bom- Malaysians no longer believe that be released immediately. After all the Barisan Nasional has acted he has already been charged for barded them relentlessly, expos- honourably, objectively and sin- defamation and sedition. ing their lack of logic and utter cerely in the national interests of incompetence. This is what they Malaysia in detaining Raja Petra, Let the courts take care of him and want to stop. This is what they Teresa Kok, the Hindraf Five and and resolve the issues following want to prevent desperately. all the others under the unjust ISA. “a fair and public hearing by an independent and impartial tribu- Let it be known that Raja Petra is P Ramakrishnan nal, in the determination of his no traitor to this nation. He is not President rights and obligations and of any a security threat in any way to this 18 September criminal charge against him” as country. He is a patriot and a de- is demanded by the Universal cent human being. The struggle to Aliran applauds Declaration of Human Rights. the release of Teresa free him will continue no matter kok: Two down With his deteriorating health how long it takes, whatever it one more to go! causing anxiety and worry for his takes. well-being, our Prime Minister, Aliran applauds the release of Datuk Seri Abdullah Ahmad Malaysians will remember this Teresa Kok from the unjust and Badawi, must rise above politics cruel act and condemn the ISA as undemocratic detention under the and order the immediate release something evil and unjust. The obnoxious ISA. Nevertheless, we of Raja Petra. This is something Home Minister has made it abso- must record our strong objection he is expected to do; this is some- lutely clear that as long as the BN against her arrest under the ISA thing that he can do; this this is is in power the ISA will be there to last Friday, 12 September 2008, be- something which he has to do; terrorise innocent people and cause she was unfairly subjected The question is will he come cripple our democratic space. The to this detention order that she did across as a man of compassion not deserve in the first place. and spare the nation from this ISA will only go when the BN is unnecessary agony? made to go. When there was no just cause for her detention, when there was not P Ramakrishnan P Ramakrishnan a shred of evidence to justify this President President wile action against her, yet the au- 19 September 2008 23 September 2008

Aliran Monthly : Vol.28(7) Page 36 THE BN NATIONAL SECURITY STATE... Continued from page 40 were adapted to the post-colonial conflicts to be ameliorated, as in • November 1960 to February constitutional system of govern- Sabah during 1985 to 1986. 1961 against some 60 members ment. of the Socialist Front (SF) sus- Third, a plethora of coercive laws pected of ties with the commu- First, special councils and com- was also enacted as soon as the nists; mittees overseeing internal secu- Emergency was officially declared • 1962 and 1963 against Parti rity affairs continued to be main- over in 1960. The most draconian Rakyat (PR) and Labour Party tained at the federal and state lev- of these laws was the Internal Se- (LP) leaders, including Ahmad els. As during the Emergency, curity Act (1960) which allowed Boestamam who opposed the these committees brought together for preventive detention. formation of Malaysia; civilian and security officials. The • 1965 against Dr Burhanuddin National Security Council was Originally designed to be used al-Helmy, Abdul Aziz Ishak, presided over by the Minister of against the MCP and those who Hasnul Hadi, Ishak Home Affairs, usually the Prime were believed to advocate the use Mohammad, Dato’ Kampo Minister himself, or a trusted aide. of violence to overthrow the gov- Rodjo and Zailani Sulaiman, ernment, it has subsequently been Dr Rajakumar, Tan Kai Hee, V Second, under Article 150 of the used to detain political opponents David for allegedly working Federal Constitution - Proclama- across the whole political spec- with Indonesians to oppose tion of emergency - far-reaching trum: alleged Communists and the formation of Malaysia; powers were made available to Marxists, trade unionists, peasant • 1962 to 1974 against suspected the government to rule without re- leaders, student activists, Islam- members of the so-called ‘clan- course to Parliament and elec- ists, church workers, so-called ra- destine communist organiza- tions. cial chauvinists, opposition party tions’ in Sarawak who had op- leaders, NGO workers, and other posed participation in the for- Four Emergencies have been pro- dissidents, not to mention govern- mation of Malaysia (which claimed since the end of the 1948- ment members of parliament, se- was viewed by critics in 60 Emergency. Two of these cov- cret society members, identity card Sarawak as a ‘neo-colonial ered the country as a whole, while and passport racketeers, counter- plot’); two others were specific to par- feiters, and smugglers of illegal • April 1967 against the Asahan ticular states. The two nation- aliens. Just weeks ago, the law and Triang Estate workers led wide Emergencies were pro- was used to detain a journalist, a by the Federation of Plantation claimed in 1964, when konfrontasi blogger and an executive council Workers who went on strike (literally, ‘confrontation’) broke of an opposition state govern- and launched a ‘long march’ out between Indonesia and Ma- ment. Hence despite the end of a of workers from Negri laysia, and in 1969, following ra- communist threat, the BN govern- Sembilan to Kuala Lumpur; cial riots in Kuala Lumpur. On the ment has continued to maintain a • 1967 and 1968 against LP and latter occasion, parliament was ‘national security state’, using the Parti Rakyat leaders (like Lim suspended until early 1971. ISA and other coercive laws, as Kean Siew and C C Yong) and though Malaysia’s everyday secu- supporters who were accused In 1966 Emergency rule was also rity is under threat. of pro-communist sympathies declared in Sarawak to remove the and whose activities were said chief minister of the state, while Use of the ISA to ‘threaten national security.’ in 1977, the federal government 1960-2008 This led to a decision by SF proclaimed an Emergency in leaders to boycott the upcom- Kelantan after the PAS-domi- Below is an incomplete list of oc- ing 1969 election; nated state government collapsed. casions when the ISA was re- • after the May 1969 racial riots, Threats of proclaiming Emer- sorted to and used to detain Ma- against opposition leaders in- gency rule on several other occa- laysian citizens since the end of cluding Lim Kit Siang and V sions have also caused on-going the Emergency*: David;

Aliran Monthly : Vol.28(7) Page 37 • January 1970 against two PR Muslim villagers in Memali, • January 1991 against four lead- Assemblymen Baling District led by Ibrahim ers including (Zulkifli Ismail and Siva Libya, who, allegedly was in- of then opposition Parti Bersatu Subramaniam); volved in deviant Islamic Sabah who were allegedly in- • November 1971 to 1973 teachings. (Ibrahim was killed volved in plans to secede from against more than 200 people, in the November assault); Malaysia; mainly local workers and resi- • 1986 against the nomadic • September 1994 against dents belonging to the LP and Penans in Sarawak who set up Ashaari Muhammad, the PR in Grik, Chemor and Kroh, blockades to prevent logging leader of Darul-Arqam, alleg- and trade union leaders and companies from encroaching edly a ‘Muslim deviationist members in Kedah, Perak, into their traditional lands; movement’ whose success Penang and Selangor; • October 1987 Operasi Lalang posed a challenge to UMNO. • 1974 and 1975 against student (‘’) involving Later in August 1996, another activists in various campuses the detention of 106 citizens 18 Arqam leaders were ar- throughout Malaysia who had including opposition politi- rested; demonstrated in support of ur- cians, NGO activists, church • 1997 against Kamaruzaman ban squatters in Tasik Utara, workers, etc. Among the poli- Ismail and 9 Shiah Muslims Johore Bahru, and poor peas- ticians were Lim Kit Siang and who were accused of threaten- ants in Baling, Kedah, and pro- his son , Karpal ing security; tested against US imperialism. Singh, P Patto, Mohd Sabu, • March 1998 against two Student leaders detained in- Halim Arshat, , Achenese accused of master- cluded Kamarulzaman Yacob, Lau Dak Kee and Chan Kit minding an outbreak of vio- Ahmad Kamal Selamat, Chee. Civic activitists included lence in the Sementih Deten- , Rahman Lim Fong Seng, Kua Kia tion Camp for refugees; Rukhaini and Adi Satria. Also Soong, Sim Mow Yu, Mohd • March and May 1998 against arrested were lecturers Syed Nasir Hashim, Cecilia Ng, individuals including police Husin Ali, Lim Mah Hui, Chee Heng Leng, Irene Xavier, and immigration officers for Gurdial Singh Nijhar, and Bro Anthony Rogers, Theresa alleged involvement in bring- ABIM leader Anwar Ibrahim; Lim Chin Chin, Chandra ing in illegal Indonesian work- • 1974 against James Wong, Muzaffar and Chow Chee ers; leader of SNAP in Sarawak; Keong. Also arrested was a • September to December 1998 • 1976 against NST managing Muslim-convert to Christianity against former Deputy Prime editor Samad Ismail, and fol- Yeshua Jamaluddin. These ar- Minister Anwar Ibrahim, and lowing Samad’s çonfession’, rests coincided with another then about 28 other reformasi six others including Abdullah round of intra-UMNO leader- activists who supported him. Ahmad and Abdullah Majid, ship struggle; These arrests coincided with aides of then premier Tun • September 1989 against two yet another round of intra- Razak – who were accused of Islamic UMNO leadership struggle; communist sympathies and Undergraduates Union lead- • July 2000 against al-Ma’unah, part of a plot to seize leader- ers Jamali Adnan and a militant Islamic group, who ship of UMNO. Just before and Jamaluddin Ramli for involve- allegedly stole arms from a after these arrests, Parti Rakyat ment in a demonstration military camp, and were in- leaders like Kassim Ahmad against a concert, and Ahmad volved in a stand-off with the and Razak Ahmad were also Lutfi Othman, Pas journalist, military in Sauk, Perak. detained. (Significantly, these who had reported about their • 2001 against Kumpulan arrests coincided with an in- arrests; Mujahidin Malaysia which al- tra-UMNO leadership • September 1989 against six legedly had ties with Jemaah struggle); men for possession of ‘danger- Islamiah, supposedly al- • 1984 against PAS legal adviser ous weapons’ (in fact bakakuk Qaeda’s proxy in the South- Suhaimi Said or home made shotguns in east Asian region; • November 1985 against 36 Sabah; • April 2001, arrest of 10 Parti

Aliran Monthly : Vol.28(7) Page 38 Keadilan and reformasi activists following UMNO’s poor performance in the 1999 election. They were Dr Badrul Amin Bahron, Mohd Ezam, Saari Sungib, Gobalakrishnan, Tian Chua, Hishamuddin Rais; of coercive laws like the ISA, and liberties and comprehensive Badaruddin Ismail, Raja Petra, declared several occasions of penetration of the state into civil Lokman Noor Adam and Emergency rule. Indeed, despite society were embedded into the Abdul Ghani Haron. the regular holding of elections Malaysian political process in • 2002 to 2007 against alleged and the legal trappings of a de- the form of coercive legalism as members of Jemaah Islamiah and mocracy many local and foreign epitomized in the Internal Secu- Darul Islam Sabah, including scholars have classified Malaysia rity Act and other restrictive foreign nationals; as a ‘quasi democracy,’ a ‘semi- laws. Significantly, the ISA has • November 2007, arrest of democracy’, a ‘semi-authoritarian been used time and time again HINDRAF leaders P Uthaya- state’, and even a ‘national secu- to detain not only alleged Com- kumar, V Ganabatirau, M rity state’ These studies have also munist subversives, but also Manoharan, R Kenghadaran, highlighted how the BN state re- critics, dissidents and crimi- and K Vasantha Kumar. sorts to ‘coercive legalism or ‘rule nals. Thus, to maintain power, • September 2008 against Tan by Law’ to maintain its power. the BN has resorted not only to Hoon Cheng (journalist), legitimise itself via the delivery Teresa Kok (MP and Selangor The origins of this ‘national secu- of economic goods, but also by State Executive Councillor, rity state’ can be traced to the Emer- means of the use of coercive le- and Raja Petra Kamarudin gency when the communist insur- galism in which the Police have (blogger and editor of Malay- rection was viewed first and fore- played an indispensable role, sia Today. The latest arrests co- most as a ‘law and order’ prob- not unlike the role played by the incided with yet another round lem, rather than a military one. military elsewhere in the region. of intra-UMNO struggles. From that period onwards, the (* a comprehensive list of names priority was given to establishing Invariably, the extensive powers of ISA detainees and the occasions the authority of the government vested in the Executive and the they were arrested between 1960 over the rural squatters via com- Police resulted in an abuse of these to 2001 can be obtained in Koh prehensive administrative mea- powers as has been charged by Swee Yong, Malaysia: 45 years sures, the introduction of legal the ISA detainees, human rights under the ISA (Petaling Jaya; means to deal harshly with those group and the semi-official Hu- SIRD, 2004) who resisted, and the offer of some man Rights Commission of Ma- sod to those who obeyed. laysia. No doubt, it is time for the Conclusion ISA to go. And with the repeal of Although the Communist insur- the ISA and other relared coercive Under the pretext of maintaining rection was brought to an end laws, perhaps, Malaysia can be political stability and preventing and independence was transformed from a national secu- ethno-religious conflict in the achieved, democratisation did rity state to a more democratic one country, as well as promoting de- not really follow. Under the ru- wherein the civil and political velopment, the Barisan Nasional bric of preserving national secu- rights of the rakyat are placed cen- government introduced a plethora rity, various restrictions on civil tre-stage. q

Aliran Monthly : Vol.28(7) Page 39 ISA The BN National Security State and the ISA Invariably, the extensive powers vested in the Executive and the Police have resulted in an abuse of these powers by Francis Loh

n order to defeat the Ma- II layan Communist Party III (MCP) during the Emer- gency (1948-60), the Brit- ish colonial forces resorted to both outright war against the MCP as well as ‘law and order’ measures. The latter entailed the sponsor- ship of political parties like the MCA, relaxation of citizenship re- quirement for non-Malays, the formation of a ministerial system of government wherein local lead- ers were nominated to positions in the Executive, and finally the introduction of elections at the lo- cal, and then national, levels. The various political developments dealt a severe ideological blow to the MCP which could no longer claim that it was fighting a war of national liberation. With the de- feat of the MCP, independence was proclaimed in 1957.

National security state and coercive legalism

However, independence did not imply the ushering in of democ- racy. To preserve ‘law and order’, a variety of measures developed during the Emergency (1948-60)

Continued on page 37

Aliran Monthly : Vol.28(7) Page 40