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Dear friends,
Just to share with you that some matters that are
in the suit filed by Abd Mutalib & Romita Hasibuan against Dato Azmi Khalid,
Home Minister and the Malaysian Government on 15/9/2005. Some of the points that
we hope that this case will affirm is the "PRESUMPTION OF INNOCENCE UNTIL
PROVEN GUILTY". Amongst the orders being sought for is:-
"A Declaration that a person
arrested and detained under the ISA is not
and shall not be referred to as (or presumed to be)
a "CRIMINAL" or "SERIOUS
CRIMINAL" or
"TRAITOR".
The fact that a person was detained under the
ISA (or any of the Detention Without Trial Laws) cannot be (and SHOULD NOT BE)
used as a basis for the cancellation of Entry Permits, Visas -
etc....
No Charge, No right to defend himsellf, No fair
trial, No obligation on the State to even prove the truth of its allegations, No
judgment of Guilt (or Conviction) by an Independent Judge,... - this is what the
ISA and all Detention Without Trial Laws are all about.
With the exclusion of judicial revies of the
decisions/grounds for the Detention Order under the ISA - the state has a
dangerous unchecked arbitrary power which can be abused
---- and even if there is mala fide and total
UNTRUTH when it comes for the reasons/grounds for detention
under the ISA - they get away with it.
Hence, there can NEVER be any presumption of bad
character or guilt attached to a victim of the ISA.
There should also be NO basis of reliance on
the fact that a person was detained under the ISA for the removal and/or
restriction of his rights.
In the case of Abd Mutalib - this seems to be
the basis of why he, who has been a PR since end 70s early 80s on a valid Entry
Permit, was ultimately deported on 29/4/2005 - and this is wrong and
unacceptable.
One thing that we have to struggle for is for the
return of the availability of "unrestricted" Judicial Review of all
administrative decisions.
In solidarity,
Charles Hector
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