Indonesia The Advisory Council of Jurists observes and recommends that: 1. While national security concerns are important to Indonesia, they need to be balanced with the human rights guarantees contained in Indonesian legislation, and international treaties to which Indonesia is a party, as well as the customary rules of international law which bind all States. 2. The retrospective effect of the anti-terrorist laws are contrary to the principle of legality in the field of criminal law as recognised in Article 15(2) of the ICCPR and as as a principle from which no derogation may be made. Consideration should be given to the use of the existing criminal law to deal with crimes committed before the enactment of specific antiterrorism measures. 3. The detention period for a suspect under the new anti-terrorism legislation is in contravention of Article 9 of the ICCPR and Principle 11 of the Body of Principles on Detention. 4. An independent and fair judicial process is required of all courts in Indonesia in accordance with international standards, particularly in light of the severe punishments that may be imposed for crimes relating to terrorism. 5. In administering anti-terrorism measures that may apply to children, care must be taken to ensure that the “best interests of the child” principle is a primary consideration. Malaysia The Advisory Council of Jurists observes and recommends that: 1. The ratification by Malaysia of most of the major international terrorism conventions makes it timely for a review of the definition of the terms ‘terrorism’ and ‘terrorist’ in 25