Sunday, September 14, 2008

Free Teresa, Abolish ISA Candlelight Vigil

DAP Perak will be launching “Free Teresa, Abolish ISA” Candlelight Vigil Campaign at all our 18 state constituencies. The first will be held on 916 at DAP Ipoh Barat HQ @ Jalan Laxamana HQ. The rest will be announced through the media shortly.

Some readers had asked about this draconian law of ISA from a legal point of view. Just a small write up to share.

(a) under the Act, the police has the power to detain someone whom in their view is a threat to national security;

(b) the police detention could be upto 60 days and there is no legal requirement to produce the arrestee to the Court;

(c) after the 60 days period, the Internal Minister has the power to order a further detention of upto 2 years, and be renewed after 2 years and indefinitely;

(d) the 2 years + + detention would be held at Kamunting detention camp;

(e) there is only one way to secure release, i.e. by way of Habeas Corpus. However, the Court is only empowered to look into the procedural irregularities and not the reasons behind the detention.

While an accused person for murder, rape and kidnapping case will have the right to be produced to the Magistarte Court within 24 hours of the arrest, an ISA detainee will not be entitled for such fundamental rights.

What’s wrong had the Tan Hoon Cheng, Teresa and RPK done to the country and becoming a threat to the country’s security in the eyes of the police and/or Barisan Nasional? Or put it this way, would the reason be that Teresa and RPK are threat to Barisan Nasional?