ISA, The Last National Weapon In Case Any Political Firepower Failed.

Lately in the news, I can't help but somewhat laugh at some really preposterous manner of the politicians. Note the "s" at the back, because many of them, mainly from the Government bloc, are behaving like asses.

Senator Wee, was threatened to be tried under ISA.. Wait, why am I saying "tried"? ISA doesn't try you. It's imposed on you. You get no trial, no testimony, just a cold, damp room, locked away from public to keep you out of nonsense.

The ISA, http://en.wikipedia.org/wiki/Internal_Security_Act_%28Malaysia%29

Section 73(1) Internal Security Act 1960: "Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe that there are grounds which would justify his detention under section 8; and 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 maintenance of essential services therein or to the economic life thereof."

Section 8 ISA: Power to order detention or restriction of persons. "(i) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years."

Section 8(1) theoretically restricts detention to a period not exceeding two years but this limit is readily circumvented because under Section 8(7), the duration of the detention order may be extended indefinitely in increments of up to two years The extension of the detention order may be made on the same grounds as those on which the original order was based or on different grounds. In delivering the judgment of the Court, Steve L.K. Shim CJ (Sabah & Sarawak) in Kerajaan Malaysia & 2 Ors. v Nasharuddin bin Nasir (2003) 6 AMR 497 at page 506, ruled that the powers extended to the Home Minister are valid under the Malaysian Constitution. In addition, preventive detention is also now allowed by the Dangerous Drugs (Special Preventive Measures) Act 1985 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969. The Human Rights Commission of Malaysia (SUHAKAM) has recently recommended that the ISA be repealed and replaced by new comprehensive legislation that, while taking a tough stand on threats to national security (including terrorism), does not violate basic human rights.

A detenu can make representations against his/her detention if an order of detention has been made against the detenu by the Minister under Section 8(1) of the ISA but under Section 73 however, the detenu seems to have no such right. Generally, the attitude of the Malaysian courts in respect of detention under Section 73 is that the courts have jurisdiction only in regard to any question on compliance with the procedural requirements of the ISA and they seldom grant any substantive rights to the detenu.

Article 151 of the Malaysian Constitution gives to any person detained without trial (under the special powers against subversion) certain administrative rights. By the terms of Article 151 the authority, on whose order a person is detained, shall, as soon as may be, inform the detainee of the grounds of detention and the allegations of fact on which the order is based. The detainee shall also be given an opportunity within three months, of making representations against the order to an Advisory Board . The Advisory Board as the name implies is not a court. Its determinations are also mere recommendations that the government is under no obligation to accept. It may also be handicapped in its deliberations by the discretionary power of the government to withhold facts, the disclosure of which would, in the executive’s opinion be against national interest.

Any person may be detained by the police for up to 60 days without trial for an act which allegedly threatens the security of the country or any part thereof. After 60 days, one may be further detained for a period of two years each, to be approved by the Minister of Home Affairs, thus permitting indefinite detention without trial. In 1989, the powers of the Minister under the legislation was made immune to judicial review by virtue of amendments to the Act, only allowing the courts to examine and review technical matters pertaining to the ISA arrest.

So, get the point now? ISA is used when you somehow are thought of to be threatening the securities of Malaysia. So, Senator Wee (from MCA, a coalition of the National Front, ruling party of the current Government), in fact, not only him, even Senator Ibrahim Ali (Independent, formerly a contender under the PAS ticket who later on abandoned the PAS ship and now is the senator for Pasir Mas) from the Independent Bloc is now currently in the news because some egoistic and brainless politician from the main Government Bloc kept the constant chanting of

"Dia patut dicuba di bawah ISA!
("He should be tried under ISA!")

I mean like, come on, grow up. From here, right now, from the stupid bickering, we can already see how this small time politicians are cashing in on the spotlight and trying to be overlords by invoking the usage of the decade old draconian law of ISA albeit it's still worthy of keeping. This tyrant often times keep this last resort as a measure to improve their ratings by playing the racial card and at the same time using the ISA card as a chain link. I don't know about some of you guys, but remember "Yugioh"?

"You activated my trap card!!"





So it's all pretty much a trap for politicians to step one other politicians' heads to climb higher.

Peace out for now.