Pursuant to the powers provided for under Section 4 of the Human Rights Commission Act 1999 (Act 597), SUHAKAM undertook a review of the Internal Security Act in 2003212. SUHAKAM raised concerns about both the provisions of the Act and their application. It concluded that sections 8 and 73 of the ISA infringed the principles of human rights and that under the ISA individuals had been subjected to arbitrary detention and inhuman or degrading treatment while in custody.213 The report recommended repeal of the ISA and its replacement with comprehensive legislation that conforms with international human rights principles. A Parliamentary debate on SUHAKAM’s recommendations and remedial legislation is yet to take place. The Prevention of Crime Act 1959 is concerned with controlling the activities of persons involved with organizations using Triad rituals or concerned with the commission of seizable offences or who maintained secrecy as to their objectives. Under this Act orders of detention can be made for rolling periods of twenty-eight days.214 Special Protection Extended to Minors Malaysia ratified the CRC in 1995. Hence, it is pertinent that the age of minors detained for offences under preventive detention laws be taken into account to ensure the protection of Convention rights.215 Pursuant to Article 22 of the CRC, protection should be accorded to refugee children as well. Since the security legislation and in particular the ISA does not make special provision for minors any conflicts between the Convention rights and the Acts are yet to be judicially tested. 212 SUHAKAM’s Review of the Internal Security Act (April 2003) is available at <http://www.suhakam.org.my>. 213 Examples were given of individuals arrested and detained on grounds that did not satisfy the criteria of being prejudicial to national security, for example, counterfeiting coins, falsifying documents and human trafficking, all of which could have been dealt with under the relevant laws creating the relevant criminal offences. Other examples of arbitrary detention included the arrest and detention of individuals for intelligence gathering purposes which were unconnected with national security issues. The report also noted that some individuals detained under s73 were found to have suffered cruel or degrading treatment, including slapping, forcible stripping, intimidation, night interrogations and deprival of awareness of place and the passage of time (see pp93-99) 214 Other relevant provisions are section 9(3)(a) which provides for an Inquiry Officer to receive or procure all evidence in relation to a person, “whether the same be admissible or not under any written law for the time being in force relating to evidence or criminal procedure”; section 15 which provides for the Minister to supervise, including limit the movement of, a person for up to five years; section 17 which provides for the punishment of whipping; and section 18 which creates a presumption of guilt in relation to a ‘registered’ person who is found in a public place if they are ‘unable satisfactorily to account for his presence at such place or time’. 102