AHRC Human Rights Correspondence School (HRCS)
Lesson series 16: National Security Laws (Internal Security Act, Emergency Laws etc.,)
Through ISA governments give themselves and their agents the authority to implement acts which in normal circumstances would be illegal.
Illegal arrests, detentions and unfair trials under the Internal Security Act (ISA).
Since the enactment of the ISA in 1960, thousands of people, including trade unionists, student leders, labour activists, politicians, academicians, NGO activitsts and members of religious groups, have been arrested and detained without trial for indefinite periods. The ISA provides for “preventive” detention without charge or trial, solely on basis of the opinion of the Minister for Home Affairs that the detention is necessary in order to safeguard the security of the nation. Former detainees have reported that they have been tortured, especially in the first 60 days of solitary confinement and incommunicado detention in a police cell, when they are pressured to admit to the alleged crimes.
Q. Who has the obligation to supervise the observance of these limitations?
A. The Judiciary in the country
In particular, the higher judiciary. Thus, the need to hold the judiciary accountable.
For example, it will be useful to study what has happened in Malaysia in recent decades. At present, the ISA is used by the Malaysian government without there being any National Emergency. The ISA is being used as the “normal” law and not as law imposed during extremely abnormal situations. In this way, the liberty and civil rights of the citizens is at the mercy of the politicians or a politician.
Questions:
1. What role has the Judiciary in your country played with regard to national security laws?
2. What happens when the Judiciary does not intervene to examine the validity of government use of such laws?
3. Do you have similar cases from your own country or other countries you know?
B. UNITED NATIONS Human Rights bodies
T here is urgent need to encourage states to become parties to UN Treaties, by signing and ratifying, in this case, at least the ICCPR
Example: Malaysia is not a party to ICCPR. Thus, the UN bodies functioning under ICCPR are unable to intervene on gross violations of human rights there and on the abuse of ISA.
IV. Some Problems for discussion
1. A group of persons who have not violated any normal laws are kept under detention. The authorities claim that the detention is justified under ISA. How will you criticize this position? What will you do to get these people released? What will you do to abolish the ISA?
2. ISA regulations state that the Judiciary has no right to examine it or to declare it invalid. How will you criticize it? What action will you take to nullify it or abolish it?
3. If some bad judges do not want to hear cases regarding ISA or similar laws, what will you do?
Future lessons will deal with other areas of the SA such as freedom of expression and access to information.
About AHRC
The Asian Human Rights Commission (AHRC) was founded in 1986 by a prominent group of jurists and human rights activists in Asia. The AHRC is an independent, non-governmental body, which seeks to promote greater awareness and realisation of human rights in the Asian region, and to mobilise Asian and international public opinion to obtain relief and redress for the victims of human rights violations. AHRC promotes civil and political rights, as well as economic, social and cultural rights.
For reference:
1. The Asian Human Rights Commission (AHRC)
http://www.ahrchk.net
2. International Covenant on Civil and Political Rights (ICCPR)
http://www.unhchr.ch/html/menu3/b/a_ccpr.htm
