Wednesday, May 21, 2008

ISA = KGB


http://malaysianindian1.blogspot.com/2008/05/kgb-isa-its-same-diffrence-we-are-in.html

The Internal Security Act 1960 (ISA) is a preventive detention law in force in Malaysia. Preventive detention was inherited by Malaysia as part of the colonial baggage that the British left behind.

Malaysia is one of the few countries in the world whose Constitution allows for preventive detention during peacetime without safeguards that elsewhere are understood to be basic requirements for protecting fundamental human rights.

Article 149 of the Malaysian Constitution under which a person may be detained is characterised by subjective language. Such terms as ‘substantial body’, ‘substantial number’, ‘cause to fear’, ‘excite disaffection’, ‘promote feelings of ill-will and hostility’, all embody wide areas of discretionary interpretation.

Preventive detention first became a feature of the then Malaya in 1948 primarily to combat the armed insurgency of the Malaysian Communist Party. The Emergency Regulations Ordinance 1948 was made, following the proclamation of an emergency, by the British High Commissioner Sir Edward Gent. It allowed the detention of persons for any period not exceeding one year.

The Emergency Regulations Ordinance 1948 was primarily made to counter acts of violence and, conceivably, preventive detention was meant to be temporary in application.

The emergency ended in 1960 and with it ended the powers contained in the Emergency Regulations Ordinance 1948 as it was repealed.

The power of preventive detention was however not relinquished and in fact became an embedded feature of Malaysian law. In 1960 itself, the government passed the Internal Security Act under Article 149 of the Malaysian Constitution..

It permitted the detention, at the discretion of the Home Minister, without charge or trial of any person in respect of whom the Home Minister was satisfied that such detention was necessary to prevent him or her from acting in any manner prejudicial to national security or to the maintenance of essential services or to the economic life in Malaysia.

The ISA is one of the most controversial Acts enacted under Article 149 of the Malaysian Constitution. Section 8(1) of the ISA provides that ‘(i)f the minister is satisfied that the detention or Extajudicial punishment of any person is necessary …’ then s/he may issue an order for his/her detention.

Torture is reportedly a major part of an ISA detainee's daily life. Former detainees have testified to being subjected to severe physical and psychological torture that include one or more of the following: physical assault, forced nudity, sleep deprivation, round-the-clock interrogation, death threats, threats of bodily harm to family members, including threats of rape and bodily harm to their children.

Also, detainees are confined in individual and acutely small cells with no light and air, in what is believed to be secret holding cells. These interrogation techniques and acts of torture are designed to humiliate and frighten detainees into revealing their weaknesses and breaking down their defences.

ISA detainees have even turned up with bruises, but such results of assaults will not be investigated by the police. ISA detention is effectively a free-for-all for the police to torture and assault the detainees.

Solitary confinement takes place in tiny cells that measure roughly 3-feet by 3-feet, with hardly any room to kneel and sit. These cells will not have any drainage system and are hardly cleaned.

In Anwar ibrahims's account of his solitary confinement, he mentioned that his cell was filthy and had an unbearable stench. Excrement and urine from previous detainees are left uncleaned within the cell.

Although physical abuse is typically limited to bruising, the detainees are seldom beaten up to the point of being disabled, or having broken bones. There have been cases, however, of female detainees being raped and male detainees being sodomized

Extrajudicial punishment is punishment without the permission of a court or legal authority. Agents of the state often carry out this type of punishment if they come to the conclusion that a person is an imminent threat to security.

The existence of extrajudicial punishment is considered proof that the government will break their own legal code if deemed necessary. Non-governmental or non-state actors, including private individuals, have also resorted to different forms of extrajudicial punishment, though such actions are more properly called assassination, murder or vigilantism instead

you call it I.S.A, sounds like the K.G.B

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