(Petaling Jaya, Saturday):
The
Deputy Prime Minister cum Home Minister, Datuk Seri Abdullah Ahmad Badawi should
repudiate the statement by the Deputy Home Minister, Datuk Chor Chee Heung that
the anniversary hunger strike by the reformasi six ISA detainees is a violation
of detention regulations and
procedures.
Abdullah
should instead give a categorical assurance that the reformasi six - Mohamad
Ezam Mohamad Nor, Hishamuddin Rais, Chua Tian Chang, Saari Sungib, Badrulamin
Bahron and Lokman Noor Adam - would not be penalised or victimised in any manner
for the anniversary hunger strike to demand for public trial or immediate
release.
Chor
was biased and arrogated to himself the roles of prosecutor, judge and jury in
jumping to the conclusion that the anniversary hunger strike by the reformasi
six is ipso facto a violation of Rule 73(h) of the
Internal Security (Detained Persons) Rules 1960 which defines “refusing without reasonable excuse to eat the food provided
in the place of detentions” as a “minor offence” punishable by confinement
or deprivation of the detainee’s privileges “relating to food, books,
clothing, luxuries of any description, letters, visitors or any other matter whatever, of which he may be in enjoyment”.
This
is because Chor had overlooked Rule 71 of the Internal Security (Detained
Persons) Rules 1960 which entitles a detainee to a full and proper “due
enquiry” before he could be found guilty of any
“minor offence” under the Rules, especially as the reformasi six have strong
and powerful grounds for their
hunger strike supported not only by the Federal Constitution, Malaysia’s
international obligations as a member of the United Nations and participant in
various international Human Rights Conferences but
also by a whole bundle of international human rights declarations and covenants.
In
October/November 1988, when 18 Operation Lalang detainees staged an anniversary
week-long hunger strike to protest the gross injustices and the democratic farce
of their continued detention, the
detainees were deprived of visitation rights with their families and lawyers,
newspapers and letters without any “due enquiry”, and when the detainees
protested at such a flagrant violation of the detention Rules, a “kangaroo
court” was hastily convened where the detainees were found guilty of
infringing the Rules without giving the detainees
a chance to be heard - an unlawful act as it was a
blatant violation of the rules of natural justice.
Abdullah
should give an assurance that there would be no repeat of such “kangaroo court” proceedings in the case of
the anniversary hunger strike of the
reformasi six to find them guilty
of a “minor offence” under the
detention Rules to justify the
imposition of illegal and inhumane punishments, and that any such “due enquiry” would not only comply fully with the rules
of natural justice but the detainees would be properly represented by counsel.
What is urgent and imperative, however, is that Abdullah should give personal attention to the hunger strike by the reformasi six and the national and international calls for their immediate release and the repeal of the draconian and iniquitous Internal Security Act. For a start, Abdullah should agree to the sending of an independent panel of medical officers to visit and monitor the medical conditions of the six hunger strikers in Kamunting Detention Centre, as it will be a serious blot on Malaysia’s international reputation if anyone of the reformasi six suffer serious injury to health or life while under ISA incarceration.
(13/4/2002)