Kenyataan Media GMI

GERAKAN MANSUHKAN ISA (GMI) Press Statement: 16 September 2009 Five ISA Detainees Released Conditionally Subsequent to 2 � 8 Years of Injustice 1. Yesterday, 15 September 2009, the Minister of Home Affairs, Dato� Hishammuddin Hussein announced the release of 5 detainees under the Internal Security Act (ISA). According to him, the release was made upon his satisfaction that the detainees had shown positive response to the rehabilitation and that they have shown regret and realization of their actions. He further stated that it was his hope that the release of the detainees could be done before Hari Raya Aidilfitri celebrations so they can be together with their children and relatives. 2. The five detainees whom were alledged to be members of Jemaah Islamiah are Mat Sah Mohd Satray, Dr Abdullah Daud, Mohd Nasir Ismail @ Hassan, Mohd Kamil Hanafiah and Mohd Amir Hanafiah. Mat Sah Mohd Satray and Dr Abdullah Daud were detained since 2002 while the three others were detained since May 2007. The five were released conditionally under the Restricted Residence Act 1933 (RRA). This means that they are not totally free and is required to report to the police station in their district every week besides the need to request police�s permission for any movement outside the district. 3. Gerakan Mansuhkan ISA (GMI) welcomes the release especially for the wives, children and family members who had to endure difficulties all this while. GMI shares the joy with them especially for Puan Norlaila Othman, wife of Mat Sah Mohd Satray. Puan Norlaila is GMI�s committee member who has struggle together for the anti-ISA campaign with persistence and tenacity. 4. GMI believes the release is the result of persistent and continuous campaign for the release of all ISA detainees and the abolishment of ISA. A very loud and clear message was conveyed by tens of thousands of Malaysians during the Anti-ISA Rally on 1st August 2009. Of course, the Government will not admit having to bow to this pressure but certainly the demands were not rhetoric nor emotional as in the cow�s head incident. It recognizes the fundamentals of rights for justice and freedom to be presumed innocent until proven guilty. It hinges upon clear and proven evidence of historical tyranny and torture. 5. It is for this reason that despite welcoming the release, there remains questions unanswered. Why were they detained in the first place? Where is the evidence? What did they do to deserve punishment without trial and without defense for two to eight years and now have regrets and realized their actions? Is it true that the Minister can release anyone upon his wish either before Hari Raya Eidil Fitri, Hari Raya Haji, Deepavali or other events including the Elections? 6. If observed expediently, one would be able to see the overwhelming arbitrary, subjective and dubious nature of the Minister�s statement. It is related to the questions raised earlier. It is all upon the powers of the Minister based on one sided reports from the camp and police. What is more important to stress is, the fate of the detainees�their detention and freedom is based upon the climate of arbitrary, subjective and dubiousity. Where is the justice? Where is the guarantee for freedom under the Constitution when ISA makes a mockery of this guarantee? Can�t the detainees demand for their rights now? To demand for rights and compensation because they were detained without the opportunity to defend oneself? Eight years of punishment on dubious allegations is not a short time indeed! 7. GMI wishes to also draw attention to the selective release that is commonly exercised. According to Hishammuddin, there are still 9 detainees being detained under ISA. One of them, Shamsuddin Sulaiman, has been detained for almost 8 years but has not been released. Why? He further mentioned that out of the 9, 4 are Malaysians while the remaining 5 are foreigners from Bangladesh , Pakistan , Thailand , Indonesia and Singapore . They are accused of being militants, terrorists or document forgeries. 8. The fundamental question to ask in any system that practices rule of law as is claimed to be exercised in Malaysia is where is the evidence? As long as that does not exist and the accused is not given right to defend themselves under the ISA, then injustice occurs. Unjust law desecrate rule of law. It offends human dignity and violates fundamental rights but is still continues to be used arbitrarily against those suspected as threats to national security or more accurately threats to the ruling elite. 9. GMI is heavily concerned on the injustice as well as violation of basic human rights and freedom under the ISA. Despite there being detainees released and amendments to ISA promised to be made by the Government, nevertheless two main factors remain intact without being distinctly mentioned by the Government. They are detention without trial and arbitrary powers of the police and Minister. As long as the two factors are retained, ISA will remain as ISA and continues to be unjust even with amendments finally made. Regrettably, at the same time the fate of victims of ISA will remain uncertain and the culture of fear lives on. 10. It is on this basis, GMI urges the Government to not only amend ISA but abolish it and release all detainees. If it is true that �people is first�, rights, justice and people�s interests must be a priority especially to redeem past sins and injustices in the blessed month of Ramadan! Abolish ISA! Release All Detainees! Close down Kemta! Syed Ibrahim Syed Noh Chairman