*~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~*
{ Sila lawat Laman Hizbi-Net - http://www.hizbi.net }
{ Hantarkan mesej anda ke: [EMAIL PROTECTED] }
{ Iklan barangan? Hantarkan ke [EMAIL PROTECTED] }
*~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~*
PAS : KE ARAH PEMERINTAHAN ISLAM YANG ADIL
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Syabas Hakim Mohamad Hishammuddin Mohamad Yunus - hakim terakhir yang mempunyai telur.
Malaysia's top court overrules order to bring activists to court
KUALA LUMPUR, May 16 (AFP) - Malaysia's highest court ruled Wednesday that two
opposition activists detained under a tough security law have no constitutional right
to appear in court to appeal for their freedom.
The three-judge federal court set aside a May 4 order by Shah Alam high court judge
Mohamad Hishammuddin Mohamad Yunus.
Hishammuddin had told police to produce the pair in court while he was hearing "habeas
corpus" applications on their behalf, saying this was their constitutional right.
Defence lawyers described Wednesday's ruling as a blow to fundamental liberties.
N. Gobalakrishnan and Abdul Ghani Haroon, both officials of the opposition National
Justice Party, were arrested on April 10 and 11 under the controversial Internal
Security Act (ISA), which allows indefinite detention without trial.
Eight other supporters of jailed ex-deputy premier Anwar Ibrahim are also being held
under the act.
Justice Steve Shim Lek Keong said Hishammuddin had wrongly interpreted the
constitution when he made the order.
"We are in the view that the learned high court judge erred in his interpretation of
Article 5 (2) to include the presence of the detained persons in the high court
proceedings as a constitutional right," he said.
Lawyers for the activists had said they should be brought to court to show they have
not been abused by police.
Prime Minister Mahathir Mohamad and police chief Norian Mai have justified the ISA
arrests on the grounds that Anwar's supporters planned violent protests to topple the
government.
Opposition parties and rights groups say authorities are using the ISA to stifle
peaceful dissent.
The ISA allows police to detain someone for 60 days for investigations. The home
minister must then decide whether to issue a two-year detention order or release the
detainee.
The detention orders can be renewed indefinitely and the power of judges to review
them has been removed by amendments to the 1960 act.
Defence lawyer Sivarasa Rasiah told reporters they were disappointed with the decision.
"It is a blow to the basic protection of fundamental liberties. From their date of
arrest they are being held incommunicado without access to lawyers.
"How do we put forward their case to say their arrest is unlawful without getting
instructions?" he added.
The Shah Alam high court, which had suspended the habeas corpus hearing pending the
federal court's decision, will resume the hearing Thursday but without the presence of
the two detainees.
"We will go to the high court handicapped," Sivarasa said.
Some of the 10 detainees, who are being held in secret locations, have been allowed to
see families but none of them have been allowed visits from lawyers.
Habeas corpus is a centuries-old British legal maxim under which someone can be
brought to court to investigate whether he or she is legally detained.
Last month another high court dismissed habeas corpus applications by five other
detainees on the grounds that courts had no power to challenge arrests by police under
the ISA.
Get 250 color business cards for FREE!
http://businesscards.lycos.com/vp/fastpath/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
( Melanggan ? To : [EMAIL PROTECTED] pada body : SUBSCRIBE HIZB)
( Berhenti ? To : [EMAIL PROTECTED] pada body: UNSUBSCRIBE HIZB)
( Segala pendapat yang dikemukakan tidak menggambarkan )
( pandangan rasmi & bukan tanggungjawab HIZBI-Net )
( Bermasalah? Sila hubungi [EMAIL PROTECTED] )
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Pengirim: "Fawzi Bin Kassim" <[EMAIL PROTECTED]>
