Cops nab ex-ISA detainee, two others under new security law

KUALA LUMPUR, Feb 7 — Police today detained a former Internal Security Act (ISA) detainee and two others for allegedly committing an unspecified "security offence", this time using the newly-enacted Security Offences (Special Measures) Act, which allows a 28-day detention without trial for the purpose of investigation.

Inspector-General of Police (IGP) Secretariat (Public Relations) Bukit Aman assistant head Asst Comm Ramli Mohamed Yoosuf confirmed with The Malaysian Insider that two men and a woman were arrested and detained for questioning earlier this afternoon.

"We suspect a possible link to terrorism activities. They will be investigated under the Penal Code," he said when contacted here.

ACP Ramli however said police were yet to determine with section of the Penal Code would the trio be investigated under, only adding that going by procedure, they had to be detained under the new ISA replacement Act.

Confirming the arrest in a statement here, Suara Rakyat Malaysia (SUARAM) condemned the authorities for scrapping the 1960 ISA last year but replacing it with another law that it claims still infringes on an individual's right to fair trial and immediate legal representation.

According to the rights group, Yazid Sufaat was picked up with Mohd Hilmi Hasim from the Jalan Duta High Court cafeteria by a group of policemen from Bukit Aman led by one investigating officer Insp Mani at around 12.30pm this afternoon.

Quoting Mani, SUARAM said both men were detained under section 4 (1) of the Act, which states that "a police officer may, without warrant, arrest and detain any person whom he has reason to believe to be involved in security offences".

Yazid, the group said, was formerly detained under the now-repealed ISA in December 2001, was released in December 2008 and currently operates the High Court cafeteria.

"Upon arrest, the police brought Yazid and his worker to the former's residence in Taman Bukit Aman for a search.

"Based on information from lawyer Fadiah Nadwa Fikri, who is at Yazid's home, even up to 4pm, the police were still conducting the search," the statement said.

SUARAM added that the police had informed the men's lawyer that they would be held for two days under section 5 (2) of the same Act.

The section allows the police to delay an individual's right to contact a lawyer for not more than 48 hours if he or she has reasonable grounds to believe that this would interfere with evidence connected to the offence; that it would harm another individual; that it would alert other offenders yet to be arrested; or that it would hinder the recovery of property obtained as a result of the said offence.

Section 4(5) fo the Act also states that, "a police officer of or above the rank of Superintendent of Police may extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation."

"SUARAM condemns the police for arresting individuals using laws that ignore human rights.

"The right to be represented fairly in court is one that is exclusive to every Malaysian citizen. this right is also protected under the Federal Constitution and the Criminal Procedure Code, which compels the police to bring an accused to court within 24 hours after detention for the sake of seeking legal aid," the group said in the statement.

SUARAM also reminded the government that despite its decision to repeal the British-enacted ISA, which allowed for detention without trial, it had not led to the release of the 23 detainees held previously under the law.

"And today, the government has allowed this Security Offences (Special Measures) Act to continue victimising the people.

"This shows that even after the repeal of the ISA, Malaysians are still living under the threat of draconian laws," it said.

SUARAM urged the police to stop all future and current detentions and investigation under the new law, which it said should be immediately repealed.

The Security Offences (Special Measures) Bill was tabled in Parliament on April 10 last year and passed in June, officially replacing the ISA and removing the government's option to detain without trial.

Under the ISA, an individual believed to have committed a security offence can be detained for up to two years without trial, on orders from the home minister.

But the new Act states in section 12 that "all security offences shall be tried by the High Court".