Internal Security Act 1960

The Internal Security Act 1960 (Malay: Akta Keselamatan Dalam Negeri 1960, abbreviated ISA) was a preventive detention law in force in Malaysia.

[2] The ISA was replaced and repealed by the Security Offences (Special Measures) Act 2012 which has been passed by Parliament and given the royal assent on 18 June 2012.

The first Prime Minister of Malaysia, Tunku Abdul Rahman, defined the purpose of the act as to "be used solely against the communists...My Cabinet colleagues and I gave a solemn promise to Parliament and the nation that the immense powers given to the government under the ISA would never be used to stifle legitimate opposition and silence lawful dissent".

[5]However, partly due to massive street protests involving the public and politicians from both sides[6] which portrayed the ISA as draconian and unnecessary in view of Malaysia's progress to "developed nation" status, on 15 September 2011, Prime Minister Najib Razak announced that The Internal Security Act will be abolished.

[8] The Law Reform Committee set up to review detentions under the Internal Security Act (ISA) has submitted its amendment proposals to the Cabinet.

v Nasharuddin bin Nasir (2003) 6 AMR 497 at page 506, ruled that the powers extended to the Home Minister are valid under the Malaysian Constitution.

Any person may be detained by the police for up to 60 days without trial for an act which allegedly threatens the security of the country or any part thereof.

The failure of the Malaysian courts in relation to the ISA starts with the fact that they have generally accepted the subjective satisfaction of the executive for justifying the detention of an individual.'

He further adds that the 'current approach of the Malaysian courts only serves to reduce executive accountability and respect for human rights under the rule of law.'

[11] The case of Raja Petra Kamarudin, a well known blogger of Malaysia Today website, detained under the Internal Security Act on 12 September 2008 and was subsequently released 56 days later, was due to the habeas corpus filed by his lawyer citing unlawful detention by the Home Ministry.

Due to the alleged draconian nature of the ISA, several human rights organisations and opposition political parties have strongly criticised the act and called for its repeal.

Previously in the 1960s, the law had been denounced by such opposition leaders as Tan Chee Khoon, who said: This infernal and heinous instrument has been enacted by the Alliance Government at a time when the emergency was supposed to be over.

Then it promptly proceeds to embody all the provisions of the Emergency Regulations which during the Emergency had to be re-enacted every year, but now it is written into the statute book ad infinitum...[13]However, several politicians from the Barisan Nasional coalition, including its largest component party, the United Malays National Organisation (UMNO or Umno), that has governed Malaysia since independence have also criticised the ISA.

"[13] After becoming Prime Minister however the former premier had little if any hesitation using the law to suppress what he termed racialism but was seen by some as a move against his political opponents, the most notable of events being the infamous Operasi Lalang in 1987.

Recently former rapporteur to the United Nations Param Cumaraswamy, who is on record for his opposition of the ISA, suggested its use on former Malaysian Prime Minister Dr. Mahathir for alleged racial incitement by the latter at a speech in Johor Bahru on 17 May 2008, arguing that the reasoning of the former premier in the use of the law would be applicable against him now in light of his own racial excesses[14] Such tit for tat justification however was condemned by various groups, notably PAS for inconsistency and double standards shown by the former rapporteur in his position as regards the ISA.

[15] In Kota Kinabalu, United Pasokmomogun Kadazandusun Murut Organisation (UPKO) led by its Secretary-General Datuk Wilfred Madius Tangau, on 23 September 2008, joined its 3 other Barisan Nasional (BN) counterparts MCA, Gerakan and MIC, petitioning government review of ISA.

Madius said the party supports former de facto Law Minister Datuk Zaid Ibrahim's position that the ISA should only be used against those who posed a threat to national security, such as terrorists: "Clearly in the case of Seputeh MP, Teresa Kok, Raja Petra Kamaruddin, and Sin Chew Daily reporter, Tan Hoon Cheng, there are so many other public order laws that can be used against them if, at all, there is a case to do so.

Source: Figures were provided in a written answer by Prime Minister Abdullah Ahmad Badawi, who is also Minister for Internal Security, to parliamentary opposition leader Lim Kit Siang, whose statement was quoted by AFP in newsreports dated 3 February 2005 The ISA has been consistently used against people who criticise the government and defend human rights.

[18] One of the most recent application of ISA was against Hindu activists belonging to the group HINDRAF who voiced out against the government policies that resulted in Malaysian Indians being marginalised and sidelined from the country's development.

"[20] The ISA is to be repealed and replaced by the Security Offences (Special Measures) Act 2012 which was passed and given the royal assent on 18 June 2012 but is not yet in force as of July 2012 as it is still waiting for the date of commencement to be announced by the Minister of Home Affairs, Hishammuddin Hussein.