Malay
Prisoners & the Internal Security Act
by
Richard S. Ehrlich
Asia Correspondent
This story is an on-the-record interview
with a Malay former prisoner who served time in jail alongside Anwar
Ibrahim under the dreaded Internal Security Act (ISA), and who reveals
the ISA's secretive punishments, interrogations and endless detention.
KUALA LUMPUR, Malaysia -- You can be
seized and imprisoned for years, without trial, behind barbed wire
or in solitary confinement, under a law so dreaded that the sound
of its initials, "ISA," are enough to provoke fear and silence
even among the brave.
"It is both psychological as well
as physical torture," Syed Husin Ali told The City Times
reflecting on his six years of detention under the Internal Security
Act.
"The techniques can be described
in three ways. First, coercion, using physical force to make you submit
and confess to false things.
"Second is persuasion. There will
be two faces of the interrogators, one soft and kind, and the other
a brutal one.
"Third is deception. For example,
'If you tell us what you have, or confess, you can be released'."
But often, after agreeing to "confess,"
you will simply be tossed back in jail with your coerced confession
now used against you, he added.
British Legacy
Malaysia's interrogation techniques
date back to British colonial times, Syed Husin said. "They were
trained by the British, and I think the British trained them good."
When Prime Minister Mahathir bin Mohamad
arranged for his heir apparent, former deputy prime minister Anwar
Ibrahim, to be arrested for alleged homosexual sodomy and corruption
in September, many Malaysians and foreign leaders expressed outrage.
Anwar was Syed Husin's former student
and prison cell-mate.
And Anwar is now languishing in jail,
after being arrested under the ISA -- for the second time in his life.
On Wednesday, October 14, authorities
relented, however, and transferred Anwar to a prison where he will
be held on normal remand instead of continuing to cage him under the
ISA, police said.
His remand confinement is at Sungai
Buloh, Malaysia's newest prison, where Anwar will be guarded by high-tech
security including closed-circuit video monitors, electric fences
and computerized gates and doors.
Anwar was apparently freed because of
local and international protests over Malaysia's use of the ISA against
him.
Anwar earlier claimed police beat him
until blood oozed from his nose and he fell unconscious.
The ISA, meanwhile, continues to haunt
Anwar and others in this Southeast Asian nation.
His wife has been threatened with "sedition"
under the ISA if she calls into question the justice system, or speaks
too harshly about other aspects of Mahathir's government.
Anwar was jailed once before under the
ISA, for 22 months, in the mid-1970s.
With him for one year of that imprisonment
was Syed Husin, who was also Anwar's teacher at school, and comrade
on the front lines of rallies and demonstrations during those turbulent
years.
Malaysia's system of indefinite "detention
without trial" is hated and feared by many, and has been used
since British colonial times to crush all opposition to whoever is
in power.
Thousands of Malaysians have suffered
imprisonment under the ISA.
But its inner workings, tribunals, and
resulting forms of punishment are known only by people such as Syed
Husin, 62, who experienced its relentless, steel-trap grip.
Student and Teacher Busted
"Anwar was detained for 22 months,
while I was detained for six years," Syed Husin said. "There
were periods when we were put together. I spent over a year with him"
in jail.
Their bust occurred in 1974.
"There was a peasant hunger march
in the northern part of Malaysia, and it brought to the streets 25,000
people, mostly peasants protesting the fall in the price of rubber,
and the decision of parliament to increase the monthly allowance of
its members.
"Anwar gave a speech at that rally.
He was a youth leader then. He had been my student in 1968 and 1969.
I taught him rural sociology.
"I was an associate professor at
the University of Malaya, teaching rural sociology and social anthropology.
I gave a speech which was considered rabble-rousing.
"The allegation was that I was
supporting the communist party in overthrowing the Malaysian regime.
But I wasn't even a member of the communist party," Syed Husin
added.
"I was jailed from 1974 to 1980.
During that time, I was put in solitary for more than six months.
I was spat on, slapped and boxed.
Today, Syed Husin is president of the
small Malaysian Peoples Party, and describes himself as a "socialist."
In 1990, he quit his job as professor of anthropology and sociology
at the University of Malaya to focus on politics.
In 1996, he wrote a book of his ISA
experience, titled, "Two Faces, Detention Without Trial."
ISA allows for indefinite imprisonment,
despite no trial ever being held.
According to the law's text, the ISA
is "an act to provide for the internal security of Malaysia,
preventive detention, the prevention of subversion, (and) the suppression
of organized violence against persons and property."
The ISA states a person can "be
detained for any period not exceeding two years."
But the ISA also allows "any detention
order, or restriction order, be extended for such further period,
not exceeding two years, as (the government) may specify, and thereafter
for such further periods, not exceeding two years at a time."
In other words, a person's imprisonment
can be extended every two years, for another two years, forever if
need be.
"It is a Catch 22," Syed Husin
added, referring to the ISA's potentially endless cycle of incarceration,
which is difficult to break.
Though Anwar later served as the prime
minister's powerful number two man for many years in the government,
Anwar didn't publicly fight to end the ISA, even though he earlier
suffered under it.
"There is an irony," Syed
Husin said. "He failed to voice strongly his opposition to a
Draconian law which was used on him before. Probably he wanted to
make sure his position was safe with Mahathir," and not get tossed
out of power.
"Anwar even defended the use of
the ISA to detain people in 1987," Syed Husin said.
"That was the last big crackdown
against NGOs (non-government organizations), opposition politicians
and educationalists, mainly Chinese educationalists."
According to a translation of one of
Anwar's last speeches before he was arrested in September, Anwar told
his followers, "I may be detained and...coerced, threatened and
beaten.
"I am not frightened by all that.
I have gone through such torture before and, God willing, I will bear
it.
"But I felt it was important for
me to speak to you now, because there is a possibility, during my
detention, that I may be injected with some kind of drug to sedate
me, or to disorient me, or to somehow make me unaware of what I am
saying. So I declare my innocence now.
"I know the capabilities of our
police officers. Some employ Gestapo methods, some use the style of
police in the Apartheid regime, and some use the Israeli Mossad style,"
Anwar reportedly said.
The ISA also includes secretive, Kafka-style
tribunals.
Inmates are brought before a three-man
Advisory Board for review at least every two years, but are often
sent back to their cells under additional indefinite extensions of
their imprisonment.
"Normally, the Advisory Board asks
you if you regret, and if so, you have to sign all these confessions
and conditions," said Syed Husin, who experienced repeated tribunal
interrogations.
"But there are cases where detainees
said, 'Yes,' and signed all these things and weren't released, because
the Special Branch thought they were dangerous people, or that they
were not repenting really.
"One person I know, Wai Saing,
was detained for 15 years" under ISA without trial.
"The Advisory Board sends a report
to the Interior Ministry, and it is up to the minister to decide,
along with a recommendation from the police."
Mahathir, in addition to being prime
minister, is also minister of the interior, and thus presides over
Anwar's appeals for freedom.
About 200 people are currently held
under the ISA, though the number fluctuates widely, Syed Husin added.
Three Little Letters
Satirical Malaysian author Kam Raslan
recently wrote, "The ISA. Three little letters that sends shivers
down our middle-class spines -- assuming the middle-class have spines
to send shivers down.
"It is our duty to live nice, quiet,
boring little lives, led in quaking terror under the shadow of the
ISA."
On October 10, more than 2,000 lawyers
of the Malaysian Bar Council condemned the ISA as "an obnoxious
piece of legislation undermining fundamental human rights, basic democratic
principles and the rule of law" which must be scrapped.
While the Bar Council met, more than
10,000 people marched through downtown Kuala Lumpur on October 10
in protest of the ISA, Anwar's detention and Mahathir's government
in one of the biggest street demonstrations since Anwar's arrest.
London-based Amnesty International said,
"Anwar's treatment at the hands of the police shows the government's
blatant disregard for basic human rights.
"By misusing Malaysia's laws to
detain his political opponents, Prime Minister Mahathir is contravening
international legal standards on freedom of expression, the right
to a fair trial and the treatment of detainees."
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Malay Prisoners & The Internal
Security Act
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