Internal security act of Malaysia and human rights

Abstract

The Internal Security Act (ISA) of Malaysia has been in existence since 1960. It is meant to arrest the terrorists who are a serious threat to the security of Malaysia in an emergency situation. Many communist terrorists were detained under the ISA during the period of the Second Malayan Emergency from 1960 until 1989. That detention did not become an issue in domestic politics. In recent years the ISA has been used by the government to the arrest of political activists, criminals and others who could be brought to trial under the normal penal code. Many have seen it as denial of justice to those under detention. This has become an ongoing issue and many has called for the abolition of or the reform of the ISA. The government defends the use of the ISA as a necessary legal instrument to protect the nation from forces who are critical of the government. They consider this as a flagrant violation of human rights and against the very spirit of the Malaysian constitution which provides for the fundamental liberties of its citizens. This paper will look into the argument of the government and the critics and will evaluate to what extend their views valid in relation to the use of the ISA.