CHAPTER 2 - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP
In March, the Commission received a memorandum from Gerakan Mansuhkan ISA (GMI) regarding
the arrest of 10 individuals including nine foreigners under the ISA in Sungai Cincin, Gombak. It was
reported by the media that the arrests were made because of their suspected link with a terrorist
organisation. However, the families of the individuals refuted this allegation and alleged that the
arrests were made because they practised Salafi, a method of understanding of Islam.
The Commission then met with the Police Special Task Force (Operation/Counter Terrorism) on 4
March to obtain information and feedback on issues pertaining to the arrest of the individuals. The
police denied the allegations made by the families of the arrested individuals. The police stressed
that they had received information that the group had links with terrorist activities conducted abroad
and had put the group under surveillance for several years.
Subsequent to the meeting, the Commission wrote a letter to the Ministry of Home Affairs urging
it to charge the arrested individuals in a court of law or release them once the 60-day detention
period had lapsed. This stand is in line with the United Nations Security Council Policy on CounterTerrorism which states that steps taken by States to combat terrorism must comply with international
laws especially human rights laws, refugee laws and humanitarian laws. But while habeas corpus
applications filed by the individuals were pending in Court, the individuals were forcibly deported
to their countries of origin.
While the Commission recognises the need for a balance between legitimate national security
concerns and fundamental freedoms of an individual, it is of the opinion that detention without
trial is a violation of human rights. The Commission recommends that the Government repeals all
preventive detention laws in line with international human rights instruments.
(e) Complaints on Religious Freedom
On 25 January, the Commission received a memorandum from several parliamentarians regarding
16 attacks on places of worship. The memorandum stated that the attacks had stemmed from the
use of ‘Allah’ by non-Muslims. They demanded that the Commission hold a Public Inquiry into the
attacks. They also alleged that the Commission had not been vocal and upfront in addressing the
incidents. In fact, the Commission had released a press statement dated 12 January condemning
the attacks and recommending that:
(i)
The police should investigate the attacks thoroughly and expeditiously and ensure the safety of
the public in practising their religious rights;
(ii)
Religious leaders should hold an inter-faith dialogue and that the respective authorities should
provide the mechanism for such a dialogue to take place; and
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