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The Internal Security Act 1960 (ISA) (Malay: Akta Keselamatan Dalam Negeri) is a preventive detention law in force in Malaysia. The legislation was enacted after Malaysia gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances. On 15 September 2011, the Prime Minister of Malaysia, Najib Razaksaid that this legislation will be repealed and replaced by two new laws.

History

Preventive detention was first implemented in Malaya by the British in 1948 to combat the armed insurgency of the Malayan Communist Party during the Malayan Emergency. The Emergency Regulations Ordinance 1948 was enacted by the British High Commissioner Sir Edward Gent. It allowed the detention of persons for a period not exceeding one year. This ordinance targeted at acts of violence and only imposed temporary detention. The Malayan Emergency ended in 1960 and the ordinance was repealed. However, preventive detention was retained and remains a feature of Malaysian law today. In 1960, the government passed the Internal Security Act (ISA) under the authority granted by Article 149 of the Malaysian Constitution.

The stated purpose of the ISA was to deter communist activity in Malaysia during the Malayan Emergency and afterwards. 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". The third Prime Minister, Tun Hussein Onn, stated at the same time that his administration had enforced the act only with a view to curbing communist activity, and not to repress "lawful political opposition and democratic citizen activity".

In response to criticism that the ISA was not democratic or was too open to abuse, the first internal security minister, Ismail Abdul Rahman, stated:

"I maintained then and I maintain now the view that the Internal Security Act is essential to the security of this country especially when democracy is interpreted the way it is interpreted in this country. To those in opposition to the government democracy is interpreted to mean absolute freedom, even the freedom to subvert the nation. When cornered by the argument that democracy in the Western sense means freedom in an ordered society and an ordered society is one in which the rule of law prevails, they seek refuge in the slogan that we should imitate Western democracy one hundred per cent.

I am convinced that the Internal Security Act as practiced in Malaysia is not contrary to the fundamentals of democracy. Abuse of the Act can be prevented by vigilant public opinion via elections, a free Press and above all the Parliament."

Notable Sections

Some notable sections of the legislation include:

1. Section 73(1) Internal Security Act 1960: "Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe that there are grounds which would justify his detention under section 8; and that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof."
2. Section 8 ISA: Power to order detention or restriction of persons. "(i) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years."
3. Section 8(1) theoretically restricts detention to a period not exceeding two years but this limit is readily circumvented because under Section 8(7), the duration of the detention order may be extended indefinitely in increments of up to two years The extension of the detention order may be made on the same grounds as those on which the original order was based or on different grounds. In delivering the judgment of the Court, Steve L.K. Shim CJ (Sabah & Sarawak) in Kerajaan Malaysia & 2 Ors. 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. In addition, preventive detention is also now allowed by the Dangerous Drugs (Special Preventive Measures) Act 1985 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969. The Human Rights Commission of Malaysia (SUHAKAM) has recently recommended that the ISA be repealed and replaced by new comprehensive legislation that, while taking a tough stand on threats to national security (including terrorism), does not violate basic human rights.
4. A detenu can make representations against his/her detention if an order of detention has been made against the detenu by the Minister under Section 8(1) of the ISA but under Section 73 however, the detenu seems to have no such right. Generally, the attitude of the Malaysian courts in respect of detention under Section 73 is that the courts have jurisdiction only in regard to any question on compliance with the procedural requirements of the ISA and they seldom grant any substantive rights to the detenu.
5. Article 151 of the Malaysian Constitution gives to any person detained without trial (under the special powers against subversion) certain administrative rights. By the terms of Article 151 the authority, on whose order a person is detained, shall, as soon as may be, inform the detainee of the grounds of detention and the allegations of fact on which the order is based. The detainee shall also be given an opportunity within three months, of making representations against the order to an Advisory Board . The Advisory Board as the name implies is not a court. Its determinations are also mere recommendations that the government is under no obligation to accept. It may also be handicapped in its deliberations by the discretionary power of the government to withhold facts, the disclosure of which would, in the executive's opinion be against national interest.
6. 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. After 60 days, one may be further detained for a period of two years each, to be approved by the Minister of Home Affairs, thus permitting indefinite detention without trial. In 1989, the powers of the Minister under the legislation was made immune to judicial review by virtue of amendments to the Act, only allowing the courts to examine and review technical matters pertaining to the ISA arrest.

Notable uses of the ISA

Since 1960 when the Act was enacted, thousands of people including trade unionists, student leaders, labour activists, political activists, religious groups, academicians, NGO activists have been arrested under the ISA. Many political activists in the past have been detained for more than a decade.

Since 2005, 10,662 people have been arrested under the ISA in the past 44 years, 4,139 were issued with formal detention orders and 2,066 were served with restriction orders governing their activities and where they live. In addition, 12 people were executed for offences under the ISA between 1984 and 1993. 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 Feb 2005

The ISA has been consistently used against people who criticise the government and defend human rights. Known as the "white terror", it has been the most feared and despised, yet convenient tool for the state to suppress opposition and open debate. The Act is seen by some as an instrument maintained by the ruling government to control public life and civil society.

The ISA was used extensively during the 1987 Operation Lalang in which Opposition members were silenced by the UMNO government through the use of ISA. Many opposition leaders were detained without trial, evidence or reason. The ISA was also used to detain Anwar Ibrahim.

The ISA was also used against militants. In August 2011, 3 Indian nationals who were members of the Babbar Khalsa International were arrested and deported. A Jemaah Islamiah member arrested in 2009 under the ISA was deported to Indonesia.

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 marginalized and sidelined from the country's development. In response, Prime Minister Abdullah Ahmad Badawi personally signed the detention order that allows the leaders of HINDRAF to be detained without trial for two years, with the option for the detention order to be renewed indefinitely.

Notable Ex-Detainees

1. Anwar Ibrahim - Former Deputy Prime Minister.
2. Lim Kit Siang - Opposition Leader
3. Jeffrey Kitingan - Sabah politician
4. Karpal Singh - Opposition Leader
5. Ibrahim Ali - PERKASA
6. Ahmad Zahid Hamidi - Minister of Defence

(based on wikipedia)

Other detainees included some old boys, SAARI SUNGIB and ABDUL MALEK HUSIN. Even Tamunif Mokhtar was detained for a few days under ISA during the height of Anwar Crisis in late 90s. You can buy a book titled "Sengsara Kem Kamunting: Kisahhidup Dalam Penjara Isa" written by Saari Sungib and available for RM38.00 from MPH.

Link below will download the ISA as published by the government printer (up to 2006) in pdf format:-

DOWNLOAD THE INTERNAL SECURITY ACT (INCORPORATING ALL AMENDMENTS UP TO 1 JANUARY 2006)

Saari Sungib is from Batch 75