Although the authorities have frustrated RPK lawyers' attempt to free him in court yesterday, the fight is not over according to his lead lawyer, Malik Imtiaz.
If the hearing were to proceed yesterday, he believes that "the case we would have mounted for RPK would have been virtually unassailable." By moving the goal post and detaining RPK under Section 8 of the ISA yesterday morning before the hearing, it is now impossible to secure his release based on the original habeas corpus application which was under Section 73(1).
However, the original application has not been dismissed and submissions by his lawyers will be heard on Oct 28. Even though the judge cannot release RPK based on the original application, the basis of detention under section 73(1) and section 8 is the same.
Meanwhile, a new habeas corpus application will be filed to challenge the Minister’s detention order under Section 8. If the hearing for the original application on Oct 28 is successful Malik says, "we can have a basis to argue that the minister’s detention is not just irregular for procedure - therefore showing the minister has no power to make the order".
source: Free RPK: It's Not Over
The Malaysian Bar has issued a statement yesterday which expressed its disappointment over the 2-year detention order against RPK. The statement also says,
"The ISA is being used against an individual where other avenues that afford him a chance to defend himself, exist. It confirms the impression that the ISA is being used for purposes other than national security. It is being used to stifle dissent."
source: Bar's Press Statement
Showing posts with label ISA. Show all posts
Showing posts with label ISA. Show all posts
September 24, 2008
September 23, 2008
RPK detained for 2 years without trial
A hearing on the writ of habeas corpus filed by Raja Petra's lawyers was initially scheduled for Friday 26 September but was inexplicably brought forward to 9.00 a.m today, 23 September. But before the hearing could proceed RPK was sent to the Kamunting detention centre this morning for a two-year detention without trial!
The Home Minister, Syed Hamid Albar signed the two-year detention order last night which clearly is meant to frustrate the habeas corpus hearing and to prevent the possibility that RPK may be freed after the hearing.
The action of the Home Minister has outraged many Malaysians who view this as a blatant abuse of the ISA to silence dissenting voices.
The Home Minister, Syed Hamid Albar signed the two-year detention order last night which clearly is meant to frustrate the habeas corpus hearing and to prevent the possibility that RPK may be freed after the hearing.
The action of the Home Minister has outraged many Malaysians who view this as a blatant abuse of the ISA to silence dissenting voices.
| Raja Petra sent to Kamunting Sep 23, 2008 - Malaysiakini Malaysia Today editor Raja Petra Kamarudin was sent to the Kamunting Detention Centre in Taiping, Perak, this morning to begin his two-year detention without trial under the Internal Security Act. Home Minister Syed Hamid Albar last night signed the detention order for the blogger to be held under section 8(1) of the tough security law. Under the Act, the initial two-year detention period can be renewed indefinitely. According to journalists stationed outside the Kamunting detention camp, Raja Petra arrived at 11.50am in a white van with heavily-tinted windows. "The act by the minister to sign the section 8 order yesterday is completely unacceptable," said Raja Petra's lead lawyer Malik Imtiaz. The legal team believes the minister’s decision was linked to a habeas corpus hearing in the Kuala Lumpur High Court this morning, which had been filed by Raja Petra's lawyers to secure his release. (A writ of habeas corpus orders the authorities to produce prisoners before a judge to ascertain if there are any procedural defects which could render their detention unlawful.) Speaking to reporters later, Malik said “the arrest was issued last night to avoid the consequences of this habeas corpus”. ... Also present in the court was former de facto law minister Zaid Ibrahim, who sat next to Marina. “He (Raja Petra) writes well, he speaks his mind and we need more people like him said Zaid (left in photo), who had resigned to protest the use of the ISA to detain Raja Petra and two others on Sept 12. Zaid said he attended the hearing to show support for the wives of many others being held under the restrictive law. “We should encourage people to speak out. If (those detained) have done wrong (then) we (should) charge them (in court),” he said. Zaid also said that freedom of expression and of speech are important values and that “we cannot intimidate with fear”. ... more |
The ISA is evil; ISA must go!
| The ISA is evil; ISA must go! 23 September 2008 - Aliran It is outrageous that Raja Petra has been sent to the Kamunting Detention Centre to serve his two-year detention under the Internal Security Act. The Home Minister cannot justify his action; neither can he convince the public at large that he had acted in the interest of the nation. It is a political decision to put away a brave and committed Malaysian into oblivion so that the Barisan Nasional will not be ridiculed by Raja Petra’s wit and wisdom on a daily basis. He had bombarded them relentlessly, exposing their lack of logic and utter incompetence. This is what they want to stop. This is what they want to prevent desperately. Let it be known that Raja Petra is no traitor to this nation. He is not a security threat in any way to this country. He is a patriot and a decent human being. The struggle to free him will continue no matter how long it takes, whatever it takes. Malaysians will remember this cruel act and condemn the ISA as something evil and unjust. The Home Minister has made it absolutely clear that as long as the BN is in power the ISA will be there to terrorise innocent people and cripple our democratic space. The ISA will only go when the BN is made to go. P Ramakrishnan President 23 September 2008 ...source |
September 19, 2008
Petition to free RPK, Teresa Kok and Others
An online petition to free Raja Petra Kamaruddin, Teresa Kok and others arrested under the ISA was initiated yesterday by Lim Teck Ghee.
Within a period of one day the number of signatures for the petition has reached more than 7,500. The immediate response by so many Malaysians in signing this petition indicates the level of outrage in the country caused by the unjustified ISA arrests of these people.
Although Teresa Kok has been release at 1.00 p.m. today (19 September), Malaysians are still urged to continue to pressure the government to free RPK, the HINDRAF Five and others. You can sign the petition at the following link:
Petition to Free Raja Petra Kamaruddin, Teresa Kok and Others Held Under the Internal Security Act
Within a period of one day the number of signatures for the petition has reached more than 7,500. The immediate response by so many Malaysians in signing this petition indicates the level of outrage in the country caused by the unjustified ISA arrests of these people.
Although Teresa Kok has been release at 1.00 p.m. today (19 September), Malaysians are still urged to continue to pressure the government to free RPK, the HINDRAF Five and others. You can sign the petition at the following link:
Petition to Free Raja Petra Kamaruddin, Teresa Kok and Others Held Under the Internal Security Act
No justification for ISA under any circumstances
| No justification under any circumstances 18 Sept 2008 - Malaysiakini DAP national chairperson says that there is no justification for ISA to exist in any circumstances. He is also concerned by the possible appointment of an Umno man as chief justice. |
Teresa Kok released
| Teresa Kok released 19 Sept 2008 - Malaysiakini DAP Seputeh MP Teresa Kok was released at 1pm today, after being held under the Internal Security Act for a week, revealed her lawyer Sankara Nair. |
September 18, 2008
The ISA must go
| Time to get rid of draconian ISA Brave New World By AZMI SHAROM ... The ISA was drafted to battle the violent communist insurgency, and, one presumes, other threats of the same ilk. As stated by the father of the current Deputy Prime Minister, it was not meant to stifle democracy. And furthermore, it is the very mechanisms of democracy, such as a free press, that will keep the use of the ISA in check. In this light, we can see that the powers provided by the ISA have been severely abused over the decades. The latest example of course is the arrest of Raja Petra Kamarudin, Teresa Kok and Tan Hoon Cheng. The reasons for the detention of the three have nothing to do at all with any sort of violent action or even proposed violent action on their part. In the case of Tan, the justification for her 16-hour detention was so ludicrous and so obtuse, that it beggared belief. The ISA was not meant to be used as a personal protection device. And pray tell how a 16-hour detention after which the individual was released back into the public sphere can be considered “protection”? Raja Petra is currently being charged for criminal defamation and sedition. He is facing the law in open court where he shall be accused and he shall have the opportunity to defend himself or he would have done if he was not locked up right now. Why on earth is he being detained? Is he planning some sort of armed rebellion? There is no evidence at all to indicate even the slightest hint of that. And Kok is being detained because some political opponents have decided to accuse her of offending Islam. If these accusations are false, and there are indications that they are, then there is a term for this kind of behaviour – fitnah. Fitnah is the most despicable crime committed only by the most despicable of creatures. I am disgusted by the latest use of the ISA. It is undoubtedly going against the spirit and the intention of the ISA. The arrest of Raja Petra, Kok and Tan also shows that the law is so open to abuse that we have no other choice but to get rid of it. There can be no room for amendments. The ISA must go. ...more |
September 17, 2008
Is it crazy?
It was reported in newspapers that the PM thinks it is crazy to suggest that he would arrest the MPs who are crossing over to Pakatan Rakyat.
He also labelled Anwar’s call for the BN government not to declare emergency or detain under the ISA any MPs who were crossing over as “crazy”.
“That’s crazy to even suggest that I would arrest these people under ISA just because of their decision,” he said, adding that Anwar wanted to picture him as someone who used force and was dictatorial.
- Sept 16, 2008 - the Sun
No, Mr PM we don't think that is a crazy suggestion. What many Malaysians think is crazy are the following:
Mr PM can you blame Anwar or other Malaysians for worrying about your government's craziness in invoking the ISA?
He also labelled Anwar’s call for the BN government not to declare emergency or detain under the ISA any MPs who were crossing over as “crazy”.
“That’s crazy to even suggest that I would arrest these people under ISA just because of their decision,” he said, adding that Anwar wanted to picture him as someone who used force and was dictatorial.
- Sept 16, 2008 - the Sun
No, Mr PM we don't think that is a crazy suggestion. What many Malaysians think is crazy are the following:
- It is CRAZY to arrest under the ISA the Sin Chew Daily reporter, Tan Hoon Cheng for doing her job in reporting truthfully racial remarks uttered by an UMNO politician and for the Home Minister to claim later that she was arrested for her own protection.
- It is CRAZY to arrest under the ISA a democratically-elected member of parliament, Teresa Kok on baseless and non-existing grounds when the authorities should be investigating the malicious and unfounded accusations made against her by Khir Toyo and the lies reported by Utusan Malaysia.
- It is CRAZY to arrest under the ISA Raja Petra who is well-known for his courage and commitment to justice and a non-racial approach to national issues and who has exposed many abuses and corruption through his blog which otherwise would not have seen the light.
Mr PM can you blame Anwar or other Malaysians for worrying about your government's craziness in invoking the ISA?
September 15, 2008
Letter to Speaker on Teresa’s ISA arrest
Lim Kit Siang has written a letter to the Speaker in Parliament to request for necessary actions to protect one the members of parliament, Teresa Kok who was arrested under the ISA. He says in the letter that as an independent branch of the government Parliament cannot take lightly the use of ISA against an MP. Kit Siang added,
"Parliament never enacted the Internal Security Act to provide the Police with powers to detain persons to undertake a “fishing expedition” to ascertain the truth or otherwise of baseless and defamatory allegations against an MP, just as the ISA was never enacted to protect the personal safety of a journalist – the ridiculous excuse given by the Home Minister to justify the farce and scandal of the 18-hour ISA detention of senior Sin Chew reporter, Tan Hoon Cheng."
You can read the complete text of the letter at Lim Kit Siang's blog.
"Parliament never enacted the Internal Security Act to provide the Police with powers to detain persons to undertake a “fishing expedition” to ascertain the truth or otherwise of baseless and defamatory allegations against an MP, just as the ISA was never enacted to protect the personal safety of a journalist – the ridiculous excuse given by the Home Minister to justify the farce and scandal of the 18-hour ISA detention of senior Sin Chew reporter, Tan Hoon Cheng."
You can read the complete text of the letter at Lim Kit Siang's blog.
Zaid Ibrahim resigns as Law Minister
Anilnetto.com broke the news that Zaid Ibrahim, the de facto Law Minister, has tendered his resignation. Toh Kin Woon, the former Gerakan leader commented that, “It’s very rare to have a person like him who can resist the lure of high office to stand firm on his own beliefs and prinicples.”
Malaysiakini also has a report on Zaid Ibrahim's resignation. This comes after he declared his opposition to the use of the ISA to arrest people who he cannot see to be a national threat. He originally planned to meet the PM to discuss his views on the use of the ISA. However, it seems like he has resigned without seeing the PM on the urging of many Malaysians.
Although he is not an MP, Zaid Ibrahim is a person who should be welcomed by Pakatan Rakyat, if he decides to also resign from UMNO.
Malaysiakini also has a report on Zaid Ibrahim's resignation. This comes after he declared his opposition to the use of the ISA to arrest people who he cannot see to be a national threat. He originally planned to meet the PM to discuss his views on the use of the ISA. However, it seems like he has resigned without seeing the PM on the urging of many Malaysians.
Although he is not an MP, Zaid Ibrahim is a person who should be welcomed by Pakatan Rakyat, if he decides to also resign from UMNO.
RPK may be in danger
It has been reported in the People's Parliament blog that RPK's life may be in danger. Apparently, RPK has been on hunger strike since Friday when he was arrested under the ISA. This may lead to kidney failure which can endanger his life if he is not given proper medical attention. This news has caused great concern among his supporters. They call for the Pakatan Rakyat to expedite their 916 plan since the only sure way RPK and Teresa Kok can be released from ISA detention is to removed the morally bankrupt BN government.
According to the latest update on Malaysia Today, "DSP Ibrahim Jaffar called Madam Marina at 12pm (15 Sept 2008), to inform her that her family can visit RPK in Bukit Aman at 11am tomorrow. His laywers are also allowed to do so at 11am on Thursday (18 Sept 2008)." Although this is welcome news, it still does not remove people's fear that he and Teresa Kok will be detain further.
Pakatan Rakyat, please move on your 916 plan!
According to the latest update on Malaysia Today, "DSP Ibrahim Jaffar called Madam Marina at 12pm (15 Sept 2008), to inform her that her family can visit RPK in Bukit Aman at 11am tomorrow. His laywers are also allowed to do so at 11am on Thursday (18 Sept 2008)." Although this is welcome news, it still does not remove people's fear that he and Teresa Kok will be detain further.
Pakatan Rakyat, please move on your 916 plan!
September 14, 2008
Govt in complete moral decay
| Tunku Abdul Aziz: "Gov in complete moral decay" 14 Sept 2008 - Malaysiakini |
September 13, 2008
Lim Kit Siang on the ISA Crackdown
Full report in Malaysiakini.
| Lim Kit Siang on the ISA Crackdown 13 Sept 2008 - Malaysiakini |
50-member legal team for ISA detainees (source: Malaysiakini)
In a press conference held today (13 Sept), it was announced that the Bar will hold an emergency EGM next week to discuss and condemn the use of the ISA by the government to arrest persons without trial. Such an EGM is rarely held by the Bar and is seen as a strong message against the use of the ISA.
A 50-member legal team will also be formed to extend legal aid to the ISA detainees. This team will include the Bar chairperson and representative from each state in the country.
...source
A 50-member legal team will also be formed to extend legal aid to the ISA detainees. This team will include the Bar chairperson and representative from each state in the country.
...source
Teresa was in high spirits
Full report in Malaysiakini.
| Gobind Singh: Teresa was in high spirits 13 Sept 2008 - Malaysiakini |
Reporter released but Teresa denied access to lawyers
It has been reported in anilnetto.com that the Sin Chew reporter, Tan Hoon Cheng has been released today. However, according to Malaysiakini's report, the Selangor exco member Teresa Kok is still being denied access to her lawyers.
A notice was issued to Teresa's next of kin that she was arrested under the ISA because she was involved in "activities which can cause tension and conflict among races and religion".
Hello, I think you all have arrested the wrong person! Ask any Malaysian on the street and he/she would be able to tell you who is the culprit who should be arrested for "activities which can cause tension and conflict among races and religion". The person who was holding a few press conferences and given full coverage on TV and the mainstream press. The person who is going to have a roadshow and continue to engage in such activities. Interested in nabbing this person? Ask anyone on the street.
A notice was issued to Teresa's next of kin that she was arrested under the ISA because she was involved in "activities which can cause tension and conflict among races and religion".
Hello, I think you all have arrested the wrong person! Ask any Malaysian on the street and he/she would be able to tell you who is the culprit who should be arrested for "activities which can cause tension and conflict among races and religion". The person who was holding a few press conferences and given full coverage on TV and the mainstream press. The person who is going to have a roadshow and continue to engage in such activities. Interested in nabbing this person? Ask anyone on the street.
ISA - AlJazeera (Video)
Abolish the ISA!
Release all Political Detainees!
Release all Political Detainees!
| People & Power - Malaysia's Internal Security Act 9 Sept 2008 - AlJazeera |
Arrest of Teresa Kok An Instigation?
The only response to the arrest under the ISA of Selangor senior state executive councillor and Seputeh MP Teresa Kok can only be anger and frustration. According to the report in Malaysiakini,
Kok has been defending herself against allegations that she complained about the noise of morning prayers at a mosque in her state seat of Kinrara. She has said the accusation is "preposterous".
This is the flimsiest reason they can use to arrest a state councillor under the ISA. How can her action be construed as a threat to national security? In any case she has denied the accusation. Nobody in his/her right mind would consider her a threat to the country.
Perhaps the intention was to instigate the people with this glaringly unjustified action. Perhaps they hope people will react angrily and take to the streets. This will give them an excuse to take further drastic actions such as imposing emergency rule thus preventing 916 from materialising.
Lets not be fooled by these antics. Various people have advised caution and level-headed response. A reader of People's Parliament blog posting, "Don’t fear a dying beast’s last strike, but don’t fall for its rouse either" wrote the following:
1. Remain calm
2. Do not do anything rash
3. Do not take to the street
4. Do not be instigated by people to demonstrate
5. Just voice it out in your blog, your comments to the blogs, and inform your friends and relatives about the situation
6. Call your Aduns or MPs and voice out your objection about these arrests and urge your representatives to voice out
7. Members of political parties, sms your leaders to pressure them to voice out
We shall object to these draconian acts by using civility and do not fall into the traps of giving the big brother a chance to declare emergency rule……
Release the political detainees! Abolish the ISA!
Kok has been defending herself against allegations that she complained about the noise of morning prayers at a mosque in her state seat of Kinrara. She has said the accusation is "preposterous".
This is the flimsiest reason they can use to arrest a state councillor under the ISA. How can her action be construed as a threat to national security? In any case she has denied the accusation. Nobody in his/her right mind would consider her a threat to the country.
Perhaps the intention was to instigate the people with this glaringly unjustified action. Perhaps they hope people will react angrily and take to the streets. This will give them an excuse to take further drastic actions such as imposing emergency rule thus preventing 916 from materialising.
Lets not be fooled by these antics. Various people have advised caution and level-headed response. A reader of People's Parliament blog posting, "Don’t fear a dying beast’s last strike, but don’t fall for its rouse either" wrote the following:
1. Remain calm
2. Do not do anything rash
3. Do not take to the street
4. Do not be instigated by people to demonstrate
5. Just voice it out in your blog, your comments to the blogs, and inform your friends and relatives about the situation
6. Call your Aduns or MPs and voice out your objection about these arrests and urge your representatives to voice out
7. Members of political parties, sms your leaders to pressure them to voice out
We shall object to these draconian acts by using civility and do not fall into the traps of giving the big brother a chance to declare emergency rule……
Release the political detainees! Abolish the ISA!
September 12, 2008
Reporter arrested instead of the offender (source: Malaysiakini)
Malaysiakini (http://www.malaysiakini.com/news/89602) reported today that the Sin Chew Daily journalist Tan Hoon Cheng has been arrested today under the ISA at 8.30pm.
The UMNO chieftain Ahmad Ismail made the offensive racial remarks during the Permatang Pauh by-elections. In his subsequent press conferences, not only did he not apologise for his remarks but he made further disparaging remarks with frightening belligerence. His supporters even tore the photograph of the previous CM, Koh Tsu Koon. Was he arrested for his remarks which some would consider a threat to security? No, instead he was only handed down a suspension from UMNO for 3 years.
Now, who has been arrested instead? The journalist who reported what Ahmad Ismail said during the by-elections! What she heard has been confirmed by other journalists who were present. She was merely doing her job as a reporter. What twisted logic on the part of the authorities can result in the arrest of the reporter but not the offender? Is there a rule of law in this country or are we descending into a police state?
Release Ms Tan Hoon Cheng immediately.
Say NO to the ISA!
The UMNO chieftain Ahmad Ismail made the offensive racial remarks during the Permatang Pauh by-elections. In his subsequent press conferences, not only did he not apologise for his remarks but he made further disparaging remarks with frightening belligerence. His supporters even tore the photograph of the previous CM, Koh Tsu Koon. Was he arrested for his remarks which some would consider a threat to security? No, instead he was only handed down a suspension from UMNO for 3 years.
Now, who has been arrested instead? The journalist who reported what Ahmad Ismail said during the by-elections! What she heard has been confirmed by other journalists who were present. She was merely doing her job as a reporter. What twisted logic on the part of the authorities can result in the arrest of the reporter but not the offender? Is there a rule of law in this country or are we descending into a police state?
Release Ms Tan Hoon Cheng immediately.
Say NO to the ISA!
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