ISA removed but sword of Damocles remains


By Kim Quek
Many Malaysians might be pleased with a removal of a much condemned Internal Security Act (ISA), though a long knife of Damocles that hangs over a heads of opponents of statute Barisan Nasional stays intact.
This is due to a embedment of two pass elements in a newly introduced Security Offences (Special Measures) Bill that will in reality concede capricious apprehension for most years.
These elements have been a broad as well as vague definition of offences that tumble underneath this Bill, as well as a loophole that will concede lengthen as well as extensive apprehension through exploitation of a judicial process.
FIRST, THE DEFINITION OF SECURITY OFFENCES
Among a broad operation of vague offences enclosed underneath this Bill, have been a threat to open order or security, as well as disavowal opposite a Agong.
That a vague belligerent of "prejudicial to open order or security" has been consistently as well as at large abused in ISA apprehension in a past is clear from a fact that solely for a few genuine cases, all a some-more than 10,000 people so incarcerated have been domestic dissidents, whose usually "guilt" is their opposition to BN. Prominent between them have been Anwar Ibrahim, Lim Kit Siang, Mat Sabu, Lim Guan Eng, usually to discuss a few. Who in their right thoughts would imagine that these leaders of superb integrity as well as indifferent beliefs would have finished anything that would criticise a confidence of a nation?
As for corruption opposite a Agong, isn't it still uninformed in a thoughts that in a run up to a Bersih 2.0 convene last year, a authorities incarcerated six members of Parti Sosialis Malaysia for "waging war opposite a Agong"? That this is a concocted assign is obvious when not an iota of evidence has been constructed to substantiate a ac! cusation to date.
If BN has suspicion fit to openly abuse these grounds of apprehension in a past when their domestic power had regularly been secure, why should you pretence that they wouldn't do it now when their really domestic presence is unresolved upon a thread due to a vibrant rise of Pakatan Rakyat as well as a drawn out open disillusionment over BN's unconstrained mega misdeeds as well as ineptitude?
SECOND, PROLONG DETENTION THROUGH JUDICIAL PROCESS
Though a Bill provides for a right of a detainee to go for hearing inside of a initial twenty-eight days of detention, he might however not see freedom for most years to come. This is due to a sustenance of Section 30(1) whereby even when a detainee is clear by a court, his apprehension might go upon uninterrupted, as a prosecutor is entitled to orally apply for interest as well as ask for a apprehension to go upon until all authorised processes have been exhausted.
Experience in a past tells us that if it so pleases BN, this authorised routine can take most years.
One e.g. is a Anwar sodomy hearing I, that started in 1999, as well as ended five years after in 2004, as well as even that generation was deliberate condensed interjection to former premier Mahathir's abdication in 2003. This is clear from a fact that a sodomy hearing took four years to transport from tall justice to justice of appeal, though usually a single year from justice of interest to sovereign justice where a conviction was overturned in 2004, after Abdullah Badawi took over as premier in November 2003.
A some-more recent e.g. is a Mongolian Altantuya murder trial, with that Premier Najib Razak is said to be entangled. The hearing started in January 2007, though a interest is not even heard in a justice of interest five years later, as well as looks set to be serve delayed until after a next ubiquitous election. Obviously, someone up there does not wish it to be heard so shortly for obvious reason. There is not a smallest doubt that a judiciary, along with all other state institutions, have been subject to illegitimate domestic manipulation.
With that in mind, how can you be not worried that any of BN's opponents might be arbitrarily arrested underneath a make up crime in a Bill as well as kept in jail indefinitely while a authorised routine goes upon endlessly?
NO JUSTIFICATION FOR NEW BILL
The point is that a premise upon that a Bill is built as cited in a preamble that a confidence of a country is underneath threat is false, as a result there is no fact to introduce this Bill, following a dissolution of ISA.
To clear a Bill, BN has to satisfactorily explain precisely a threats that a republic has been facing.
It is common believe that you have not been threatened nor do you predict threats from any unfamiliar country not even in a remote future.
Neither is there a smallest evidence of any internal tract from any quarter to overpower a government by force or to inflict mass violence.
The usually possible threat that might clear a key of preventive law is general terrorism, for that you must have a accurate definition for "terrorism" unlike a wide ranging as well as non-defined offences enclosed in a Bill so as to discharge abuse of a law. For such guidance, you can look to a existing convention of a United Nation, that is in tune with universally supposed values.
As for all other offences even those arising from secular as well as religious attrition you have ample existing laws to deal effectively with them.
What you lack now is not great laws though great implementation with integrity.
In conclusion, this latest legislative initiative hyped by Najib as "heralding a golden approved age in Malaysia" in his debate during a installation of a Agong upon April 11, is though an additional gimmick to woo a center belligerent forward of a polls without actual! ly refor ming BN's odious power.
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