Recent news of the detention of nine persons under
the Internal Security Act (ISA) for their alleged involvements in the unlawful
issuance of identity cards (including Mykads) raises two alarming
issues.
One is the concern over the security measures
surrounding the issuance and use of Mykads, a subject matter on which the Bar
Council had on 2nd April 2004 expressed its concern in a press statement. While
the technological convenience of Mykad was acknowledged, the Council had felt
that there were inadequate safeguards against its possible abuse. Recent events
reveal that problems have already arisen in respect of the process of its
issuance. Even the purportedly most secured facility in the National
Registration Department (NRD), its strong room, has fallen prey to breaches of
security. Bearing in mind that safeguards in relation to the use of Mykads are
understandably harder to provide than in respect of their issuance, the fears
earlier expressed by the Bar Council appear to have been well founded, and
should be addressed. The authorities must re-examine both the processes of the
issuance and of the use of Mykad, and put in place adequate measures to prevent
possible abuse as well as protect the privacy of its legitimate
users.
The other alarming issue concerns, once again, the
use of administrative detention against alleged perpetrators of a crime. Those
responsible for a crime must of course be brought to justice. But justice is a
process, like other processes, in which adequate and meaningful safeguards must
exist in order for it to produce results that are fair, transparent and
accountable. Justice can hardly be achieved in secrecy, without an open trial,
and without affording adequate opportunity to the defence.
Separation of powers is not a theoretical ideal. It
is a practical pre-requisite to a just and democratic society. It would, for
instance, surely not be acceptable if judges are given powers of investigation
like the police, powers to apprehend suspects, and thereafter to pass judgments
on those apprehended as a result of the investigations. For the very same
reason, administrative detentions are unacceptable, as the decisions to deprive
those suspects of their liberty are made by persons from the same branch of
government.
From reports, it is gathered that investigations
into the scandal have been conducted over a few months. Sufficient evidence
ought to have been obtained. The suspects should be either charged in court or
released.
Dated 22nd February 2005
Kuthubul Zaman Bukhari Chairman Bar Council ------------------------------------------------ ADIL-Net will remain a Free Forum until further notice. Disclaimer: The opinions and views posted are not necessarily that of the list owner's or ADIL's -------------------------------------------------- Send a blank e-mail to: [EMAIL PROTECTED] - to subscribe to the list [EMAIL PROTECTED] - to unsubscribe from the list [EMAIL PROTECTED] - to switch your subscription to normal [EMAIL PROTECTED] - to switch your subscription to digest ADIL Homepage: http://members.easyspace.com/reformasi/
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