ISA Detention Order defective, invalid, unconstitutional; Karpal filed - Manoharan Release; Najib Equates Hindraf detainees with Guantanamo Bay ones

UPDATE:
Sunday December 16, 2007, STAR
DAP lawyers to defend five Hindraf leaders held under ISA
PETALING JAYA: DAP lawyers will represent the five Hindu Rights Action Force (Hindraf) officials detained under the Internal Security Act. Party central executive committee member A. Sivanesan, who will be among the lawyers, said initially, the party only represented its members M. Manoharan and V. Ganabatirau who are the among the detained Hindraf officials. The other three are lawyers P. Uthayakumar and R. Kenghadharan, and Hindraf coordinator T. Vasanthakumar. “We only received the detention order for Manoharan on Friday and have filed an application at the Ipoh High Court. “

As for Uthayakumar and Kenghadharan, we have received the detention order and will be filing the application tomorrow. “We will obtain the detention orders for Ganabatirau and Vasanthakumar on Tuesday,” Sivanesan told a press conference yesterday. In Penang, Bukit Gelugor MP Karpal Singh said he would be moving a motion in Parliament on Tuesday for a review of the detention order of the five Hindraf leaders.

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ISA Detention Order defective, invalid, unconstitutional; Karpal filed for Manoharan Release; Najib Equates Hindraf detainees with Guantanamo Bay ones

UPDATE: Saturday December 15, 2007; MYT 4:49:57 PM; STAR

Don’t spread rumours via SMS, warns IGP

KUALA LUMPUR: Those spreading rumours via SMS on racial clashes can be detained under the Internal Security Act. Inspector-General of Police Tan Sri Musa Hassan, who issued the warning, said police were aware of unscrupulous persons spreading rumours via SMS to incite racial clashes. He said there were such messages being circulated predicting racial clashes in Kampung Baru.

“We have our intelligence and we are prepared,” he said after attending a seminar on Neighbourhood Watch at the National Institute of Public Administration in Bukit Kiara Saturday. On the Hindu Rights Action Force (Hindraf), Musa said more of its members had been arrested but he could not reveal the number yet. He said the DAP had the right to go to court to seek the release of the Hindraf members being held under the ISA. “It is their right and they can try to do it,” he added.= == = == =ORIGINAL Post Below
Friday December 14, 2007; MYT 6:47:28 PM

Writ of habeas corpus filed for Manoharan

IPOH: A writ of habeas corpus for the release of lawyer M. Manoharan from detention under the Internal Security Act (ISA) has been filed. DAP national chairman Singh, who is acting as lawyer for the detainee, said the application was filed at 4.30pm at the High Court here Friday. The High Court here fixed next Wednesday to mention the case, in which the Internal Security Minister and head of the Kamunting detention camp have been named as respondents. Karpal Singh said the two-year detention order issued by the Internal Security Ministry was unconstitutional and invalid. He said the detention order was not done in accordance with Section 73 of the ISA, which requires police investigations and recommendations to be given to the Internal Security Minister within a period of 60 days before a detention order is issued. During the 60-day period, he said, a detainee would be allowed to put up his defence before the Minister made a decision on the detention order. Manoharan, who was detained at 2pm on Thursday in Kuala Lumpur, is already put under a two-year detention order, which was handed to his wife V.N.S Pushpaneela when she visited Manoharan at the Kamunting detention camp in Taiping Friday morning.

“For the first time in the legal history of the ISA in Malaysia, a two-year detention order has been issued against a detainee without the initial 60-day period,” said Karpal Singh. “The order made by the Minister is defective,” he added. Manoharan and V. Ganabatirau, who are DAP members, are among five who were detained under the ISA on Thursday. The other three are lawyers P. Uthayakumar and R. Kenghadharan, and Hindraf coordinator T. Vasanthakumar.

Earlier at 10.30am yesterday outside the gates of the Kamunting detention camp in Taiping, Karpal Singh was denied entry to visit the detainees as their lawyer.

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Friday December 14, 2007; STAR

Opposition plans to file application for two lawyers under ISA detention

KUALA LUMPUR: A writ of habeas corpus seeking the release of lawyers M. Manoharan and V. Ganabatirau members from detention under the Internal Security Act (ISA) will be filed soon. DAP national chairman Karpal Singh said the two lawyers for Hindraf were party members. “We will file the papers because the detention involves our members,” Karpal Singh told reporters at the Parliament lobby.

(The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action. It is a summons with the force of a court order addressed to the custodian, such as a prison official, demanding that an unlawfully detained person be brought before the court for release.)

Also detained under the ISA yesterday were lawyers P. Uthayakumar and R. Kenghadharan, and Hindraf coordinator T. Vasanthakumar. Karpal Singh said the use of ISA under such circumstances could not be justified. “They should be given an opportunity to face trial in open court if there is evidence,” he added.

Opposition Leader Lim Kit Siang concurred, “If they have committed an offence, bring them to court to stand trial. If it is sedition, charge them in court.” Minister in the Prime Minister’s Department Datuk Seri Mohd Nazri Abdul Aziz said the five were detained as public sentiments continued to be affected. “I believe the police have all the information to use the ISA for fear that the internal security of the country is compromised,” he said, adding that there were also SMSes spreading allegations against the Government. MIC president Datuk Seri S. Samy Vellu said the Government had taken the right action to put the five Hindraf leaders under ISA detention. “Peace needs to be maintained in the country. If you keep creating discord, then the Government has no choice but to invoke the ISA,” he told newsmen in Johor Baru.

= == == == = == = == = == of course not surprising, it was an easy way out and he equate the Hindraf detainees with those in Guantanmao Bay(not carry by Bernama for the MSM, but was on Video Capture.

ISA detentions no surprise, says Najib; Bernama via theSUN

When responding to a US demands that the Hindraf detainees be given a fair trial; Najib said

“Can they give a fair trial to the detainees at Guantanamo Bay, first of all? We will only response if they do so”
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KUALA LUMPUR (Dec 14, 2007): Deputy Prime Minister Datuk Seri Najib Abdul Razak said the detention of the five men under the Internal Security Act (ISA) for the unlawful assemblies in the city here is not surprising. "The government had been very tolerant. We gave them enough advice on the need to respect and obey the law ,and refrain from threatening national security and public order.

"The public wanted the government to take a stern action much earlier but we were very patient and tolerant. We wanted to see how things develop, giving people a chance. "We gave sufficient warnings and advice. People must obey the law as nobody is above the law. When the ISA was invoked, it should not have come as a surprise to anyone," said Najib who is also Defence Minister.
[…]
Inspector-General of Police (IGP) Tan Sri Musa Hassan said in a statement issued by Bukit Aman yesterday evening that all five had been sent to the Kamunting Detention Camp in Taiping, Perak. The five led the illegal Hindu Rights Action Force (Hindraf) that held an unlawful assembly on Nov 25 and marched to the British High Commission to hand over a petition (INCORRECT????, see how facts are distorted & reported by IGP, they could not go near the HC at all and NO petition was handed over!) ) containing allegations that the Indian community in the country had been sidelined and accusing the Malaysian government of ethnic cleansing. On the Coalition for Clean and Fair Elections (Bersih) which organised an illegal rally on Nov 10, Najib said it was up to the Election Commission (EC) to consider its demands. "The EC can look into whatever suggestions but most people view our elections as free and fair," he added.

= == = = =Watch Najib video Clip (1min 37s + 1 min 39s on Hindraf last moments) his comparison and listen to his sarcastic words

“Can they give a fair trial to the detainees at Guantanamo Bay, first of all? We will only response if they do so”

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BELOW: The last moments before the ISA arrest on 13 Dec 07

BELOW: Some Satellite pics not previously seen

= == =Bernama version; December 14, 2007 17:36 PM
Najib: ISA For Five Not A Surprise
KUALA LUMPUR, Dec 14 (Bernama) -- The detention of five men who were behind the unlawful assemblies in the federal capital last month under the Internal Security Act (ISA) on Thursday did not come as a surprise,said Datuk Seri Najib Tun Razak. The deputy prime minister said the government had been very tolerant of them and had given them enough advice on the need to obey the law and refrain from threatening national security and public order.

"The public wanted the government to take a stern action much earlier but we were very patient and tolerant. We wanted to see how things develop, giving people a chance to conform with the requirements of the law. "We gave sufficient warnings and advice. People must obey the law as nobody is above the law. When the ISA was invoked, it should not have come as a surprise to anyone," Najib, who is also Defence Minister, told a press conference after the 36th General Border Committee Malaysia-Indonesia (GBC Malindo) meeting here today.

On November 25, the five -- P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabatirau and T. Vasanthakumar -- leading a group called the Hindu Rights Action Force (Hindraf), held an unlawful assembly and marched to the British High Commission to hand over a petition (INCORRECT distortion & report) containing allegations that the Indian community in the country had been sidelined and accusing the Malaysian government of ethnic cleansing.
On Bersih, which organised an illegal rally on November 10 to ask for free and fair elections, Najib said it was up to the Election Commission(EC) to consider its demands. "The EC can look into whatever suggestions but most people think that our elections are free and fair," he said

= = == = == Background FROM DAP Teresa blog

Guantanamo Bay, ISA no difference

March 29th, 2007 by Teresa

Malaysia Should Set Our Human Rights Record Straight When Condemning The Detention Without Trial Practiced By US In Guantanamo Bay

The statement of Parliamentary Secretary of Foreign Affairs Shabery Cheek in Parliament yesterday that there is no demand for the abolition of the Internal Security Act (ISA) and that ISA detention cannot be compared to the detention in Guantanamo Bay reflects his great ignorance over the demands made by various foreign and local organizations, including SUHAKAM on the abolition of the Act. Shabery Cheek said that the cruelty and grave human rights violation in Guantanamo Bay, such as the stamping and flushing of Quran pages in the toilet is something unheard of in ISA detention. Shabery Cheek must have conveniently forgotten that there are sworn affidavits from ISA detainees stating that they were forced to drink urine, and one was stripped and made to enact the crucification of Jesus Christ. He told parliament the Secretary General of United Nations has demanded the detention center in Guantanamo Bay to be closed but no demands were made for the ISA be repealed.
The fact remains that detention at Guantanamo Bay and Kamunting Camp are detention without trial. I am surprised that Shabery Cheek seems ignorant that ISA has tarnished the image of Malaysia in the international community. Many resolutions, condemning the Malaysian government for using ISA to detain political dissidents, have been passed in many international conventions in the past, including Socialist International World Conference, Convention of Council of Liberal Democrats (CALD), International Parliamentary Union (IPU) Conference etc. The stress and hardships suffered by detainees and their family members in Guantanamo Bay and Kamunting Detention Camp are the same. The long detention and mental torture suffered by the detainees have even driven them to mental breakdowns. This is the similarity of both Kamunting Detention Camp and Guantanamo Bay. While the Malaysian government has requested the US Government for a fair trial of the two Malaysians who are suspected to be involved in the al-Qaeda terrorism activities, we should set out human rights record straight by repealing detention without trial under the ISA.
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‘No demand for abolition of ISA’(malaysiakini yesterday)

Was foreign affairs ministry parliamentary secretary Ahmad Shabery Cheek being well, cheeky, in claiming that “no one has demanded that the Internal Security Act (ISA) be abolished”? He delivered this astonishing response, when replying to Teresa Kok (DAP-Seputeh), who wanted to know if Malaysia would abolish the ISA in tandem with the government’s condemnation of human rights violations at Guantanamo Bay detention camp.

Ahmad said the ISA should not be equated with the US military base in Cuba, where terror suspects have been held for years without trial. He also said there has been rampant violation of human rights violations in Guantanamo Bay, but not in Malaysia.

Another difference, he pointed out, was that, while there have been demands from human rights organisations to close down the base, “no one has asked for the ISA to be abolished”. (This is in spite of well-publicised pressure by rights groups, detainees’ families, opposition parties and the Human Rights Commission of Malaysia to seek repeal of the security law which provides for indefinite detention without trial.) “Issues related to violation of human rights at Guantanamo Bay, which have been condemned by the world, are something unheard of in the context of the ISA here,” he said during the Question session..

“Newsweek reported that the Quran was stamped on, ridiculed and flushed down the toilets (in the detention camp).Such things are unheard of here.” He also confirmed that two Malaysians are among those detained. The US government told Wisma Putra on Sept 7 last year that the duo are Mohd Farik Amin and Mohammed Nazir Lep. They were among 14 others who were moved from secret locations by the Central Intelligence Agency to the base, and are suspected to be members of terror groups Al-Qaeda and Jemaah Islamiyah.

“The government through its embassy in Washington DC has requested the US government that they should receive a fair trial when tried (by a special court),” he said, adding that the proceedings would be monitored by Malaysia.

= == == = = == = =another of those UNimportant meetings, normally when a PM chairs a meeting, the electronic media would be invited

December 14, 2007 20:59 PM

Indian-Based NGOs Happy Over Meeting With PM

PUTRAJAYA, Dec 14 (Bernama) -- The leaders of 13 Indian- based non-governmental organisations (NGOs) have expressed happiness over the frank and open meeting they had with Datuk Seri Abdullah Ahmad Badawi at the Prime Minister's Office here Friday. They felt that similar discussions should be held regularly, allowing them to put forward their views on thorny issues concerning the Indian community. "It was a very fruitful meeting. All of us were given a chance to speak and the prime minister was willing to listen to our grievances. We spoke about various issues including sensitive ones. He was very receptive and we're glad that he wanted to hear us out," Malaysian Indian Business Association president P. Sivakumar told Bernama after the two-hour meeting.

Other NGOs present at the meeting were the Malaysian Hindu Sangam, Malaysian Hindu Dharma Mamandram, Malaysian Hindu Association, Sri Murugan Centre, Malaysian Hindu Youth Council, Malaysian Tamil Youth Bell Clubs Council, Malaysian Associated Indians Chambers of Commerce and Industry, National Land Finance Cooperative Society, National Union of Plantation Workers (NUPW), Malaysian Tamil School Headmasters Association, Child Information Learning and Development Centre, andSocial Strategic Foundation. Also present were Works Minister and MIC president Datuk Seri S. Samy Vellu and Suhakam Commissioner Datuk N. Siva Subramaniam. "We all were given the opportunity to speak. The prime minister had his say and he listened to us. Everyone present pledged to work with the government to solve issues confronting the community," said Malaysian

Indian Youth Council president A. Rajaratnam. He said the NGOs also wanted unity and integration of races in the country strengthened. Suhakam's Siva Subramaniam said the meeting was "frank and cordial" and that apart from the Hindraf issue, racial integration came under spotlight at the meeting. "Although they (the NGOs) put forward their views, they stressed that unity should be of paramount importance.

They want a united Malaysia," he said. NUPW secretary-general Datuk G. Sankaran wanted more such meetings with the prime minister as they would be useful to iron out thorny issues that could not be discussed in the open. "This will not only bring us closer but also let us have a better understanding of the government's constraints. We'll be able to put forth our problems and give suggestions on how we like these problems solved," he said. Malaysian Hindu Association president Datuk R. Nadarajah said the meeting did not just touch on normal issues like Hindraf as it also went deeper into matters pertaining to race and religion. "This is good. It's not often that you get to meet the prime minister and tell him the problems of the community. I hope such a meeting can take place once every three months or so," he said.

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PM meets Indian-based NGOs

PUTRAJAYA (Dec 14, 2007): Prime Minister Datuk Seri Abdullah Ahmad Badawi today met leaders of 13 main Indian-based non-governmental organisations (NGOs) in the country to brief and discuss current developments in the country. Malaysia's national news agency Bernama in a report today quoted a Prime Minister's Office spokesman as saying Abdullah stressed the importance of preserving peace and stability, which was important to a developing nation like Malaysia. "He also told them what the government was doing to narrow the socio-economic gaps among the various communities in the country," the spokesman told Bernama about the two-hour meeting which began at 10.30am.

ABOVE: Herein lies the problem - all the MIC men & NGOs - will be the first to siphon off additional aids for the ordinary poor & marginalized Indians

He said the prime minister listened attentively to various matters raised by the NGOs and explained at length what the government was doing for the Malaysian Indians to uplift them economically and socially. "He also explained the government's stand on the Hindraf (Hindu Rights Action Force) issue and all those who attended pledged to work with the government for the betterment of the Malaysian Indian community." The spokesman said Abdullah did not make any promises but listened to the views expressed by the 13 NGOs. "One thing for certain is that the NGOs disagreed with the way Hindraf used demonstrations to voice its views and claims, specifically ethnic cleansing of the Indian community, which they said did not make sense," he added.

Among the NGOs that attended the meeting were the Malaysian Hindu Sangam, Malaysian Hindu Dharma Mamandram, Malaysian Hindu Association, Sri Murugan Centre, Malaysian Hindu Youth Council, Malaysian Tamil Youth Bell Clubs Council, and Malaysian Associated Indian Chambers of Commerce and Industry. The others were the Malaysian Indian Business Association, National Land Finance Cooperative Society, National Union of Plantation Workers, Malaysian Tamil School Headmasters Association, Child Information Learning and Development Centre, and Yayasan Strategik Sosial. Also present were Works Minister and MIC president Datuk Seri S. Samy Vellu and Suhakam commissioner Datuk N. Siva Subramaniam.

= == === == =Is it what the people want or what the Government wanted??????

December 14, 2007 15:40 PM
People Support Use Of ISA - Zainuddin

KUALA LUMPUR, Dec 14 (Bernama) -- The decision to use the Internal Security Act (ISA) on the five people behind the illegal assemblies in the federal capital last month, is what the people want, said Information Minister Datuk Seri Zainuddin Maidin. He said the action showed the government's determination to safeguard public order and national security as demanded by the people."The people have been waiting for such an action to deal with the case, and after it has been taken they are generally in support of it," he told reporters after launching the ministry's Quality Day celebration here today.

Yesterday, the government arrested five leaders of the unregistered group, Hindu Rights Action Force (Hindraf), under the ISA, and according to police, the five had been sent to the Kamunting Detention Centre, Taiping. The five lawyers; P. Uthayakumar, M. Manoharan, R. Kenghadharan and V. Ganabatirau, and a senior executive with a public-listed company, T. Vasanthakumar -- are detained for two years for sedition and for carrying out activities which threatened national security

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Friday December 14, 2007;MYT 6:35:17 PM

Struggle will go on, says Hindraf leader

KUALA LUMPUR: The Hindu Rights Action Force (Hindraf) will continue its peaceful struggle through prayers advocating the rights of Malaysian Indians, its chairman P. Waythamoorthy said. Waythamoorthy, contacted by telephone in London Friday, said the group was undeterred by the arrest of its leaders. “Hindraf will continue to defend the five leaders detained under the Internal Security Act (ISA) and the other 31 Indians arrested for the peaceful walk in the city. “We have further lost confidence in the Government after it detained our top officials without trial,” said Waythamoorthy, who will plan the group’s next course of action from London. He is currently there to garner international support for Hindraf. He urged supporters to remain calm and pray for the release of those detained and others arrested. On Thursday, P. Uthayakumar, M. Manoharan, R. Kengadharan, V. Ganabatirau and K. Vasantha Kumar were arrested under the ISA. They have been detained at the Kamunting detention centre. Their detention order was signed by Prime Minister Datuk Seri Abdullah Ahmad Badawi, who is also Internal Security Minister. “Arresting our leaders does not mean we are without a leadership. I, and a few others, will continue to lead our non-violent struggle for Indian rights in Malaysia,” said Waythamoorthy. “I will continue to issue statements from London and keep the Indians informed through the other leaders in Malaysia.” He stressed that Hindraf would remain apolitical and did not want any political party to hijack the movement’s struggle.