无法听可检验部长决定权，申请人身保护令胜诉渺茫
人民之声执行主任叶瑞生指出，在1987年茅ㄕ瘗呇Z，目前是民主行动党主席的卡巴星，曾经申请过人身保护令，并获得胜诉；但是在回程途中，他再度被警方逮捕。他认为，警方的重新逮捕基本上是一种藐视法庭的行为。
到了1988-89年，国会进一步对内安法令进行修改，限制司法对防范性扣留的审查能力。
这使到扣留者律师只能挑战技术性问题，而不能挑战被逮捕的理由。叶瑞生说，自此以后，申请人身保护令胜诉的机会就非常渺茫了。
根据内安法令第8B条文，没有任何一个法庭可以检验国家元首或内政部长的自由决定权力。律师公会人权小组副主席阿米尔韩沙指出，第8B条文的这一项修改，是内安法令下最重要的修改，因为该项修改进一步削弱了法庭的权力，可说是“严酷的修改”。
在修改法令前，扣留者律师是可以针对逮捕理由，在法庭作出挑战的。
通常，一般案件的上诉都需从高庭到上诉庭才到联邦法院，但是在内安法令下，是直接从高庭到联邦法院申请人身保护令的。
叶瑞生认为，基于法庭不能检验内政部长的决定，这也就表示，内安法令没有把法庭“看在眼里”。如果法庭有权力检验，那么被扣留的人士就能获得保障。
部落客被送进甘文丁，废除内安法令联盟指残忍
针对著名部落客拉惹柏特拉本周二被送进甘文丁扣留营，废除内安法令联盟主席赛依布拉欣受访表示，该联盟严厉谴责内政部长的这一项决定。
他认为，拉惹柏特拉在内安法令第73条文下被扣留了12天，已经是很“残忍”的，在第8（1）条文下被送进甘文丁就更添“残忍”。
他指称：“内政部长已经担任了法官来判决拉惹柏特拉，这都是违反人权的做法。”
拉惹柏特拉人身保护令申请原订本月26日过堂，可是临时改到本周二。赛依布拉欣认为，政府是为了阻止拉惹柏特拉获得人身保护令，而直接援引第8（1）条文。
依据第73条文，警方可扣留和盘问当事人不超过60天，才决定是否援引第8（1）条文把他送到扣留营两年。内政部未必须要先完成扣留60天盘问的程序，才决定是否送入扣留营。
以拉惹柏特拉的例子，在扣留盘问11天之后，即被援引第8（1）条款，由内政部长直接签发扣留令，把他送入甘文丁扣留他两年。
赛依布拉欣表明，废除内安法令联盟会继续推动内安法令的废除。他希望能够获得朝野政党的支持，虽然法令的废除需要在国会进行，但是，他也希望所有人民都能够支持。
他说，根据国际回教大学之前所做的调查，有70%的受访人士不认同“无审讯扣留”的内安法令。从中可以看见，要求废除内安法令的多年努力并没有白费。
数条文被指具争论性
虽然在内安法令第8条文下，内政部长只要认为有必要扣留某人以防止他危害国家安全，就可以扣留他长达两年。但是杨培根律师在辜瑞荣的《内安法令四十年》一书中指出，原有第8条文是授权元首这么做，而不是内政部长，这项权力是在1966年被转移到内政部长的手里。
在另一项第73条文下，只要警官有理由相信某人的行动有可能危害国家安全等，警官就有广泛的权力，在没有逮捕状的情况下，扣留任何人不超过60天。
根据第73（3）条文，警方在援引内安法令扣留的首24小时，需要有警长或以上资格的人士批准。若要扣留48小时，需要有助理警监或以上资格的人士批准。若要扣留30天以上，需要由副警监向总警长或总警长委任的人士报告，并呈交报告给部长。
根据第22条文，内政部长有权禁止印刷和传阅任何出版刊物，只要他认为这些刊物可能危害公共安全。
另外，根据第57条文，在保安区内，拥有枪械、火药及炸药等的任何人士，都可以被判死刑。
虽然在1960年枪火法令下，有关罪犯不需要面对死刑。然而，总检察长有绝对的权力，选择采用哪一项法令控告嫌犯的基本原则。
自从1960年开始实施至今，内安法令已经被修正了大约20多次，每项修正都被批评人士认为，是在加强内政部长和警方的权力。
另外，在2004年4月28日，有22名在全国大选不获得投票权的内安法令扣留者，入禀吉隆坡高庭，控告选举委员会剥夺扣留者的投票权。这是大马有史以来，第一次出现民间起诉选委会的案件。
人民之声执行主任叶瑞生认为，这些扣留者是没有经过审讯被扣留的，他们并不是“犯”人，所以在宪法下，他们是有投票权的，但是选举委员会却不认为有这个责任为他们在扣留营内参与选举。
2008年9月24日刊载于《东方日报》的《东方议题》
ISA是什么
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阿都拉：无意检讨内安法令
李伟伦 | 12月9日 傍晚7点25分
虽然人民进步党在日前党代表大会向国阵发出最后通牒，若不修改内安法令将会退出国阵；不过，首相阿都拉今日一口否决人民进步党的通牒，并表示若人民进步党想要退出国阵，悉随尊便。
阿都拉指出，政府没有修改内安法令的意愿，并表示若人民进步党因此退出国阵，这将是该党自己的选择。
也是国阵主席的阿都拉，今午主持约长3个小时半的国阵最高理事会议后，针对进步党所发出的最后通牒，简短地作出回应。
阿都拉：无意检讨内安法令
李伟伦 | 12月9日 傍晚7点25分
虽然人民进步党在日前党代表大会向国阵发出最后通牒，若不修改内安法令将会退出国阵；不过，首相阿都拉今日一口否决人民进步党的通牒，并表示若人民进步党想要退出国阵，悉随尊便。
阿都拉指出，政府没有修改内安法令的意愿，并表示若人民进步党因此退出国阵，这将是该党自己的选择。
也是国阵主席的阿都拉，今午主持约长3个小时半的国阵最高理事会议后，针对进步党所发出的最后通牒，简短地作出回应。
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kuanghong
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My 500th day under ISA
P Uthayakumar | Apr 26, 09 7:55am
Today April 26, 2009, marks my 500th day under Umno’s captivity without being charged, tried or found guilty in a court of law. I suppose this is ‘justice’ for me, an Indian ethnic minority and human rights lawyer of 18 years.
MCPX
Prime Minister Najib Abdul Razak’s continued unilateral decree is that I be made to serve a jail sentence of two years and indefinitely thereafter under his regime. There are prisoners here at Kemta Kamunting, Taiping, serving their eighth year of their ISA sentences.
But I have no regrets. I know in my heart that every day of my imprisonment will liberate and open up a thousand new minds against Umno’s atrocities and injustices in their marginalisation, discrimination, suppression, oppression and the exclusion of Indians from the mainstream of national development in Malaysia.
Today, I have grown 500 days older. Today, I have lost 500 days of my precious freedom. Today, it is 500 days since I shaved my beard or combed my hair to protest my ISA detention. Today, it is 500 days since I have been made to wear the very same two pairs of dark blue baggy pants and white restaurant waiter-like prison uniform.
My left foot
On Jan 31, 2009, I had accidently injured the last toe of my left foot, which had gotten worse because of my long standing diabetic condition. From day one of my injury, I had repeatedly asked to be treated at the Gleneagles private hospital as I no longer have confidence in the independence of government-service doctors, which I believe had been compromised by the Home Ministry and its Special Branch police officers.
Under protest, I agreed to be treated at a government hospital on Feb 3, 2009. As I had anticipated, the doctor refused to admit me despite my swollen leg and blackening left foot condition. The doctor told me there were no hospital beds and neither did she want to refer me to an orthopedic surgeon or a consultant physician, as well as a cardiologist to treat my silent heart attack during my ISA detention.
No cast was put on my leg. No medication was prescribed. This doctor told me that my leg would heal on its own. My suspicion was confirmed when the doctor, who had written my medical notes in a police file, gave it back to the police officers accompanying me.
By the second week, my leg got even worse and despite repeated pleas, the prison authorities refused to take me even to a government hospital, which I agreed to go under protest. I had lodged four police reports but again zero action was taken. Even my statement was not recorded.
The worst case scenario ran across my mind. I may lose my left foot. For the first time, I realised that as a lawyer, I could not even save myself. There was nothing I could do, I was a prisoner.
But even then, I had thought to myself that should the worst happen, I would put on a prosthesis (artificial leg) and keep walking. I feel that at the end of the day, it was the prayers held at scores of Hindu temples nationwide by supporters of Makkal Sakthi that had actually saved my leg and ensure my well-being in prison.
Surviving on bread and biscuits
On March 22, 2009, I found pieces of beef in the chicken sambal served to me. Mohamad, a Pakistani national, and Abdul Sarjon, a Sri Lankan national, and fellow detainees who worked at the prison kitchen confirmed that chicken and beef were cooked in the same pot after which the chicken was scooped out and served.
I immediately lodged a police report. But again nothing happened as usual. But had it been the other way round - the victimisation a Malay Muslim - a different set of rules would be applied by Umno.
But I suppose this is all part and parcel of PM Najib’s One Malaysia policy. One Malaysia, two systems. Since that day, I have refused to consume cooked food from the prison kitchen in protest against the violation of my religious rights in contravention of Article 11 of the Federal Constitution. As a Hindu, I do not consume beef. I am now surviving basically on bread and biscuits.
Throughout these 500 days, there was never a single day that I ever regretted starting and spearheading this struggle. I believed in justice, including for the minority ethnic Indians, in Malaysia.
In these 500 days, I have refused to meet any of the Special Branch officers who came to meet detainees once in every two to three months to “plead for my release”. I have done no wrong and I am not prepared to beg for my freedom. I had earlier also refused to meet Umno’s home minister, knowing fully well that my release from prison is in his hands, for the very same reason.
My biggest satisfaction and what keeps me going in prison is the true and sincere spirit of the struggle through Hindraf’s Makkal Sakthi.
It moved me to see thousands of Hindraf supporters who had braved FRU’s tear gas and water cannons, who were roughed up and beaten by the police, arrested, handcuffed, thrown into jail, prosecuted in court and bravely standing up in the dock to face possible jail sentences, losing their jobs, and with their wife and children suffering.
All these sacrifices, just for a public cause to put to an end to Umno’s racism, religious extremism and exclusion of the Indians from the mainstream of national development. To all of you, I salute you and I am proud of you. Makkal Sakthi Valga.
I miss my freedom
I am suffering from this imprisonment daily. I miss my freedom. I miss my family, my wife and children.
But I am prepared for the worst, even if it means another 500 days or more of imprisonment. I will do this just for the cause of Hindraf. Umno can imprison me but they cannot imprison the forces of Hindraf’s Makkal Sakthi.
Makkal Sakthi was the tipping point in the March 8, 2008 general elections. It was the triggering factor which resulted in Umno/BN losing two-thirds majority in Parliament as well as political power in four west-coast states.
Makkal Sakthi once again showed its prowess at the Bukit Selambau and Bukit Gantang by-elections. I never, even in my wildest dream, thought I would see Makkal Sakthi forces to this extent in my lifetime.
I am no Mahatma Gandhi or Nelson Mandela, but Umno has to understand and accept that it was the genuine grievances of the people - the pent-up pain and suffering, misery and heartache - that brought about the unprecedented 100,000-strong Hindraf rally on Nov 25, 2007.
Please be patient. Umno will not change, but we will change Umno in the 2012/2013 general elections. We will put an end to Umno’s bully tactics and its rule by fear. We have waited 52 long years.
Please be patient. In another three or four years, there would hopefully be a new beginning, a new political structure and a Malaysia with equality and equal opportunities, including for the Indians. A Malaysia where the Indians would be a part of the mainstream in national development.
Every day and every moment of my imprisonment, my thoughts and prayers are with Makkal Sakthi. I have plans for our further struggle. Please pray for my freedom, and for Umno’s end of its rule so that justice will finally prevail.
Umno may have punished me with this 500 days of imprisonment but you, the Makkal Sakthi, will in turn punished Umno/BN where it hurts them most - the ballot box.
God bless.
P Uthayakumar
Kamunting Detention Camp, Perak
http://www.malaysiakini.com/news/103103
P Uthayakumar | Apr 26, 09 7:55am
Today April 26, 2009, marks my 500th day under Umno’s captivity without being charged, tried or found guilty in a court of law. I suppose this is ‘justice’ for me, an Indian ethnic minority and human rights lawyer of 18 years.
MCPX
Prime Minister Najib Abdul Razak’s continued unilateral decree is that I be made to serve a jail sentence of two years and indefinitely thereafter under his regime. There are prisoners here at Kemta Kamunting, Taiping, serving their eighth year of their ISA sentences.
But I have no regrets. I know in my heart that every day of my imprisonment will liberate and open up a thousand new minds against Umno’s atrocities and injustices in their marginalisation, discrimination, suppression, oppression and the exclusion of Indians from the mainstream of national development in Malaysia.
Today, I have grown 500 days older. Today, I have lost 500 days of my precious freedom. Today, it is 500 days since I shaved my beard or combed my hair to protest my ISA detention. Today, it is 500 days since I have been made to wear the very same two pairs of dark blue baggy pants and white restaurant waiter-like prison uniform.
My left foot
On Jan 31, 2009, I had accidently injured the last toe of my left foot, which had gotten worse because of my long standing diabetic condition. From day one of my injury, I had repeatedly asked to be treated at the Gleneagles private hospital as I no longer have confidence in the independence of government-service doctors, which I believe had been compromised by the Home Ministry and its Special Branch police officers.
Under protest, I agreed to be treated at a government hospital on Feb 3, 2009. As I had anticipated, the doctor refused to admit me despite my swollen leg and blackening left foot condition. The doctor told me there were no hospital beds and neither did she want to refer me to an orthopedic surgeon or a consultant physician, as well as a cardiologist to treat my silent heart attack during my ISA detention.
No cast was put on my leg. No medication was prescribed. This doctor told me that my leg would heal on its own. My suspicion was confirmed when the doctor, who had written my medical notes in a police file, gave it back to the police officers accompanying me.
By the second week, my leg got even worse and despite repeated pleas, the prison authorities refused to take me even to a government hospital, which I agreed to go under protest. I had lodged four police reports but again zero action was taken. Even my statement was not recorded.
The worst case scenario ran across my mind. I may lose my left foot. For the first time, I realised that as a lawyer, I could not even save myself. There was nothing I could do, I was a prisoner.
But even then, I had thought to myself that should the worst happen, I would put on a prosthesis (artificial leg) and keep walking. I feel that at the end of the day, it was the prayers held at scores of Hindu temples nationwide by supporters of Makkal Sakthi that had actually saved my leg and ensure my well-being in prison.
Surviving on bread and biscuits
On March 22, 2009, I found pieces of beef in the chicken sambal served to me. Mohamad, a Pakistani national, and Abdul Sarjon, a Sri Lankan national, and fellow detainees who worked at the prison kitchen confirmed that chicken and beef were cooked in the same pot after which the chicken was scooped out and served.
I immediately lodged a police report. But again nothing happened as usual. But had it been the other way round - the victimisation a Malay Muslim - a different set of rules would be applied by Umno.
But I suppose this is all part and parcel of PM Najib’s One Malaysia policy. One Malaysia, two systems. Since that day, I have refused to consume cooked food from the prison kitchen in protest against the violation of my religious rights in contravention of Article 11 of the Federal Constitution. As a Hindu, I do not consume beef. I am now surviving basically on bread and biscuits.
Throughout these 500 days, there was never a single day that I ever regretted starting and spearheading this struggle. I believed in justice, including for the minority ethnic Indians, in Malaysia.
In these 500 days, I have refused to meet any of the Special Branch officers who came to meet detainees once in every two to three months to “plead for my release”. I have done no wrong and I am not prepared to beg for my freedom. I had earlier also refused to meet Umno’s home minister, knowing fully well that my release from prison is in his hands, for the very same reason.
My biggest satisfaction and what keeps me going in prison is the true and sincere spirit of the struggle through Hindraf’s Makkal Sakthi.
It moved me to see thousands of Hindraf supporters who had braved FRU’s tear gas and water cannons, who were roughed up and beaten by the police, arrested, handcuffed, thrown into jail, prosecuted in court and bravely standing up in the dock to face possible jail sentences, losing their jobs, and with their wife and children suffering.
All these sacrifices, just for a public cause to put to an end to Umno’s racism, religious extremism and exclusion of the Indians from the mainstream of national development. To all of you, I salute you and I am proud of you. Makkal Sakthi Valga.
I miss my freedom
I am suffering from this imprisonment daily. I miss my freedom. I miss my family, my wife and children.
But I am prepared for the worst, even if it means another 500 days or more of imprisonment. I will do this just for the cause of Hindraf. Umno can imprison me but they cannot imprison the forces of Hindraf’s Makkal Sakthi.
Makkal Sakthi was the tipping point in the March 8, 2008 general elections. It was the triggering factor which resulted in Umno/BN losing two-thirds majority in Parliament as well as political power in four west-coast states.
Makkal Sakthi once again showed its prowess at the Bukit Selambau and Bukit Gantang by-elections. I never, even in my wildest dream, thought I would see Makkal Sakthi forces to this extent in my lifetime.
I am no Mahatma Gandhi or Nelson Mandela, but Umno has to understand and accept that it was the genuine grievances of the people - the pent-up pain and suffering, misery and heartache - that brought about the unprecedented 100,000-strong Hindraf rally on Nov 25, 2007.
Please be patient. Umno will not change, but we will change Umno in the 2012/2013 general elections. We will put an end to Umno’s bully tactics and its rule by fear. We have waited 52 long years.
Please be patient. In another three or four years, there would hopefully be a new beginning, a new political structure and a Malaysia with equality and equal opportunities, including for the Indians. A Malaysia where the Indians would be a part of the mainstream in national development.
Every day and every moment of my imprisonment, my thoughts and prayers are with Makkal Sakthi. I have plans for our further struggle. Please pray for my freedom, and for Umno’s end of its rule so that justice will finally prevail.
Umno may have punished me with this 500 days of imprisonment but you, the Makkal Sakthi, will in turn punished Umno/BN where it hurts them most - the ballot box.
God bless.
P Uthayakumar
Kamunting Detention Camp, Perak
http://www.malaysiakini.com/news/103103
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老黄
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8月1日，有两批人号召在吉隆坡大集会。
一群是反内安法令，另外一群是支持内安法令。
内政部长和警方都已经严厉警告不准聚会。
今早的吉隆坡，应该会有点紧张。
即时报道可以点击：
http://papillon-liberte.blogspot.com/?z ... 7f18552f7b
http://www.malaysiakini.com/news/109709
一群是反内安法令，另外一群是支持内安法令。
内政部长和警方都已经严厉警告不准聚会。
今早的吉隆坡，应该会有点紧张。
即时报道可以点击：
http://papillon-liberte.blogspot.com/?z ... 7f18552f7b
http://www.malaysiakini.com/news/109709
Last edited by 老黄 on 01-08-09 Sat 1:46 pm, edited 1 time in total.
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老黄
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老黄
- Site Admin
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老黄
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http://www.malaysiakini.com/news/109709
两万人突破封城令举行大集会
警方狂发催泪弹共逮捕438人
“反对内安法令大游行”今午成功号召超过2万名来自全国各地的人士走上吉隆坡市中心街头，与警方的数百枚催泪弹和水炮攻势周旋逾两小时，表达他们渴望废除这项恶法的坚决立场。
虽然警方从两天前，就开始大量设立路障导致大塞车来防堵集会，今早则从10点开始展开逮捕，以“宁可杀错，不可放过”的手法搜捕集会者，集会还未成形就捉了超过100人；但是集会者毅然以各种方式躲过警方防线，成功抵达4个集合地点。
在中午时分，随着聚集在国家回教堂、中央艺术坊、国企十合购物中心（Sogo）和占美回教堂的集会者越来越多，警方的镇压行动也开始升级。首先是包围集合地点阻止集会者行动，并恫言强行驱散，但是这都无法吓走集会者，一场冲突势在必行。
集会者就在镇暴队警棍与盾牌的殴打，以及呛鼻催泪弹和化学水炮的洗礼下，准时于下午2点完成回教祈祷后，集体强行冲破警方人墙开始游行。一些集会者在冲突中流血；一些遭警方拳打脚踢；一些被则押上警车。
由于警方已封锁游行的目的地——国家皇宫，因此集会者临时更换会合地点至国企十合购物中心（Sogo）前，坐在公路聆听领袖的演讲。但是警方依然不放过他们，重新补充已耗尽的催泪弹与水炮后，继续向聚集在那里的上万名集会者穷追猛“射”。
由于主办单位没有下达解散的指示，顽强的集会者在四处逃窜后再聚集，催泪弹与水炮只能暂时打乱集会队形。这样反反复复数次后，主办单位终于指示集会者前往最后一个集合地点，也就是拉惹拉勿路的回教党总部前聚集，聆听主办单位废除内安法令运动（GMI）主席赛依布拉欣，以及民联领袖的演讲。
由于集会者最终无法突破如愿游行到国家皇宫，这场历时逾两小时的公民对抗国家机关之战，在下午约4点左右，随着民联领袖完成演讲宣布解散。
不过，一些意犹未尽的集会者继续在市区内的其他角落聚集，结果再次招惹警方的催泪弹与水炮。
两万人突破封城令举行大集会
警方狂发催泪弹共逮捕438人
“反对内安法令大游行”今午成功号召超过2万名来自全国各地的人士走上吉隆坡市中心街头，与警方的数百枚催泪弹和水炮攻势周旋逾两小时，表达他们渴望废除这项恶法的坚决立场。
虽然警方从两天前，就开始大量设立路障导致大塞车来防堵集会，今早则从10点开始展开逮捕，以“宁可杀错，不可放过”的手法搜捕集会者，集会还未成形就捉了超过100人；但是集会者毅然以各种方式躲过警方防线，成功抵达4个集合地点。
在中午时分，随着聚集在国家回教堂、中央艺术坊、国企十合购物中心（Sogo）和占美回教堂的集会者越来越多，警方的镇压行动也开始升级。首先是包围集合地点阻止集会者行动，并恫言强行驱散，但是这都无法吓走集会者，一场冲突势在必行。
集会者就在镇暴队警棍与盾牌的殴打，以及呛鼻催泪弹和化学水炮的洗礼下，准时于下午2点完成回教祈祷后，集体强行冲破警方人墙开始游行。一些集会者在冲突中流血；一些遭警方拳打脚踢；一些被则押上警车。
由于警方已封锁游行的目的地——国家皇宫，因此集会者临时更换会合地点至国企十合购物中心（Sogo）前，坐在公路聆听领袖的演讲。但是警方依然不放过他们，重新补充已耗尽的催泪弹与水炮后，继续向聚集在那里的上万名集会者穷追猛“射”。
由于主办单位没有下达解散的指示，顽强的集会者在四处逃窜后再聚集，催泪弹与水炮只能暂时打乱集会队形。这样反反复复数次后，主办单位终于指示集会者前往最后一个集合地点，也就是拉惹拉勿路的回教党总部前聚集，聆听主办单位废除内安法令运动（GMI）主席赛依布拉欣，以及民联领袖的演讲。
由于集会者最终无法突破如愿游行到国家皇宫，这场历时逾两小时的公民对抗国家机关之战，在下午约4点左右，随着民联领袖完成演讲宣布解散。
不过，一些意犹未尽的集会者继续在市区内的其他角落聚集，结果再次招惹警方的催泪弹与水炮。