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YAB. Dato Seri Najib Razak Perdana Menteri Malaysia, Block Utama Bangunan Perdana Putra, Pusat Pentadbiran Kerajaan Persekutuan, Fax : 03-8888 3444 62502 Putrajaya. E-Mail: najib@pmo.gov.my
Y.B Dato’ Seri Hishammuddin Tun Hussein, Menteri Kementerian Dalam Negeri,Kementerian Dalam Negeri,
Blok D1 & D2, Kompleks D,
Pusat Pentadbiran,
Kerajaan Persekutuan, Fax: 03-2693 3131
62546 Putrajaya E-Mail: menteri@moha.gov.my
Dear YB,
Re : Memorandum to mark “13th December 2007 HINDRAF ISA Black Day” & call to release all 16 ISA prisoners, Abolish the draconian Internal Security Act (ISA) and shut down “Malaysia’s Guantanamo Bay” Kemunting ISA detention Prison.
Today is a Black Day for the Indian community because on 13/12/2007 Hindraf lawyers were arrested under this draconian law ISA. We call upon you to Abolish ISA and release all ISA detainees who are still being detained without trial at the Kamunting Prison in Taiping.
On 13/12/2007 ISA was used against Hindraf lawyers who were voicing out of the marginalization and segregation of minority Malaysian Indian from the National Mainstream Development of Malaysia by the UMNO regime.
Instead of UMNO regime addressing the pressing issues of Indian poor marginalization that were brought by Hindraf Chairman P.Waytha Moorthy’s on Hindraf 18 point demands dated 12/8/2007, Hindraf lawyers were falsely and maliciously labeled as Hindu extremists which had link with LTTE and detained under the draconian law ISA and were send to Kamunting Prison without trial.
While P.Uthayakumar was under ISA, he wrote a heart moving letter on his 500 days detention under ISA. He says that he being a Lawyer himself had defended others in
court of law but he was unable defend himself because of this draconian law that denies the right to be heard. Hindraf lawyers were detained for 514 days.
This is evidence that racist and religious supremacy in Malaysia used by UMNO regime to maintain and sustain their already 53 year old rule of Malaysia.
The use of ISA violates the Article 5 and 8 of the Malaysian Federal Constitution- Equality. Article 5 provided for Liberty of the person and free from arbitrary detention and Article 8 provides that all persons are equal before the law and entitled to its equal protection and there shall be no discrimination against citizens on the ground only of religion, race, descent and gender or place of birth.
The rule of law is for every man to be given a right to be heard, a fair hearing as per the Latin maxim Audi Altrem Partem.
Under the law every man is presumed innocent until proven guilty and therefore no one should be arbitrarily detained under the ISA but instead should be given a full hearing and be tried in an independent and fair Court of law and that too only if there is a genuine case against him and the powers of the Attorney General cannot be arbitrarily used to embark on political prosecutions.
The pain and torture of detention under the ISA is a lot worse than for the ordinary prisoners who would know exactly when they would be released. But for the ISA detainees, their detention is indefinite and they would not know when they would be released. This alone is designed to make it a lot painful and most suffer from mental torture on a day to day basis.
We the Human Rights Party Malaysia (HRP) and HINDRAF Makkal Sakthi call upon the Home Minister to forthwith release all remaining 16 ISA prisoners, Abolish the draconian law ISA and shut down “Malaysia’s Guantanamo Bay” ie the Kamunting ISA Detention Prison.
“Rights not Mercy”
Thank you.
Yours faithfully,
………………………..
S.Jayathas
Information Chief/ National Info Coordinator
Human Rights Party Malaysia (HRP)
HINDRAF Makkal Sakthi
Note: Memo received on behalf of Home Minister by Datuk Loo Yeng Peng (Special Officer to Minister of Home Affairs)
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