CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP
A group discussion in progress at the RTD on CAT
10. PREVENTIVE DETENTION LAWS
Since its inception, the Commission has consistently called for the repeal of the Internal Security
Act 1960 (ISA) and all other preventive detention laws. The Commission therefore welcomes the
decision of the Prime Minister, Hon Dato’ Sri Najib Abdul Razak, to annul the existing Proclamations
of Emergency and to repeal the ISA and the Banishment Act 1959. On 5 October, the Prime Minister
tabled Bills in the Dewan Rakyat to repeal the Banishment Act 1959 and the Restricted Residence
Act 1933; these were unanimously passed by the Members of Parliament.
The step is in line with the protection and promotion of human rights. The Commission also lauds
the Government’s move to release detainees being held under the ISA and Emergency (Public Order
and Prevention of Crime) Ordinance 1969.
Where the ISA is concerned, recommendations for its abolition and the related issues have been
highlighted in the Commission’s Report, The Review of the Internal Security Act 1960 (ISA Report).
In the view of the Government’s decision to replace the ISA with new legislation, the Commission
reiterates, as highlighted in the ISA Report, that any such law should take a tough stand against
threats to national security, including terrorism, without undermining fundamental human rights
principles.
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