Detention of the 27 Al-Ma’unah arms raiders and hostage killers under  ISA  so that police could complete investigations into 35 other Al-Ma’unah members mala fide,  unlawful, gross and unprecedented abuse of the most oppressive law of the land

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Media Statement
by Lim Kit Siang 

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He said criminal investigation on the 27 has been completed and the need to detain them under the Internal Security Act was  to enable the police to complete investigations into the security and intelligence aspects following the arrest of 35 other members of the Al-Ma’unah group under the Internal Security Act.

Norian expects the 27 Al-Ma’unah members to be detained under the ISA "for a maximum of two weeks" and that  they would then be taken to court to answer the criminal charges against them including kidnapping and murder.

The  ISA detention of the 27 Al-Maunah arms raiders and hostage takers and killers who surrendered after the five-day stand-off at Bukit Jenalik on July 6, 2000 so that the police could complete investigations into the 35 other Al-Ma’unah members is an unlawful, gross and unprecedented abuse of the ISA, the most oppressive and draconian law in the land.

In invoking Section 73 of the ISA to detain the 27 Al-Ma’unah members for a maximum of two weeks so that the police could complete investigations into the other 35 Al-Ma’unah members detained under the ISA, the police have acted in mala fide and illegally, as Section 73 was never meant by Parliament to empower the police to undertake ISA arrests so as to allow the police to complete investigations into other ISA detainees.

Section 73 of ISA reads:
 

"73. Power to detain suspected persons.

(1) Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe -
 

(a) that there are grounds which would justify his detention under section 8; and
(b) that he has acted or is about to act or is likely to act in any manner prejudicial to the security of    Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof."

The police has failed to meet the first  requirement in Section 73(1) as to justify the use of the ISA, which is to enable the Home Minister to  exercise  powers under Section 8 of the ISA to  order the  detention of persons without trial of up to two years to prevent any person from acting in any manner prejudicial to the security of Malaysia.

However, in this particular case, Section 73 is being illegally  invoked as Norian Mai has made it very clear  that there  will be no detention to ground any ISA detention under Section 8 as the  27 would be detained "for a maximum of two weeks"  and that they would thereafter  be charged for various offences, including kidnapping and murder.

 In such a case,  Section 73 of the ISA cannot apply in the case of the 27 Al-Ma’unah members and the detention of the 27  Al-Ma’unah members are illegal and unlawful as being made mala fide.

The Attorney-General, Tan Sri Mohtar Abdullah should advise the Police on the illegality in the use of the ISA to detain the 27 Al-Ma’unah members "for a maximum period of two weeks" to enable the police to complete  investigations into the other 35 Al-Ma’unah members arrested under the ISA, which cast a serious reflection on the competence, professionalism and commitment to the rule of law of the Police Force as well as setting a dangerous precedent for future misuse of the ISA for police investigations.

The 27 Al-Ma’unah arms raiders and hostage-takers and killers should be charged in court without any further delay and released under the Internal Security Act.

(2/8/2000)