KUALA LUMPUR – In conjunction with the 34th anniversary of Operation Lalang yesterday, Malaysians Against Death Penalty and Torture (Madpet) is calling for the day to be recognised as the Malaysian Day for the Abolition of Detention Without Trial Laws.
Operation Lalang in 1987 saw the detainment without trial of about 106 people, including human rights defenders, worker rights activists, and politicians under the Internal Security Act (ISA) 1960.
In a statement today, Madpet reiterated its call for the immediate abolition of all detention-without-trial laws, stating that such discriminatory laws are a violation of Article 8(1) of the federal constitution which addresses the equality of all in the eyes of the law.
Spokesman Charles Hector urged for the immediate and unconditional release of all those currently detained or restricted under such laws, noting that Malaysia has a lack of transparency regarding details about current victims of the laws.
“Madpet urges the government to forthwith provide quarterly reports on the number of victims of the different detention-without-trial laws, whether they be detained, restricted, and/or under other orders.
“Victims may not be prominent politicians or personalities, but all Malaysians should be concerned about these individuals who have been denied their fundamental right to a fair trial,” he said.
Charles also pointed out the injustice faced by detention-without-trial law victims by making a comparison referencing former prime minister Datuk Seri Najib Razak’s criminal conviction.
“Even a convicted criminal like former prime minister Najib Razak has the right to appeal in court and is able to walk around freely while remaining a member of Parliament.
“On the other hand, victims of detention-without-trial laws are denied their freedoms and rights, without even being tried and convicted by court.”
He further asserted that such laws promote incompetence of police and law enforcement, saying: “If detention-without-trial laws are used, then police and/or prosecution simply do not have to work hard to find evidence to prove someone’s guilt.”
As an alternative, Madpet proposed “longer periods of remand for certain serious ‘national security’ crimes to enable law and police enforcement to complete their investigation”.
They also called for an immediate moratorium on the use of detention-without-trial laws pending abolition.
In July 2012, the ISA was repealed. There was hope that all other remaining detention-without-trial laws would also soon be repealed, but this did not happen.
Instead, the scope of preventive detention laws has been expanded and can be used against persons alleged of committing any Penal Code offence including murder, robbery, theft, and rape. – The Vibes, October 28, 2021
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