Between what is easy, and what is right
To me, when I look at the ISA, I see a choice between what is easy, and what is right. There's no denying that the ISA is the easy choice. It is easy to just trust that the government knows best; that they know what they are doing. It is easy to not have to bring out evidence and sensitive inteligence into open court, and to ask the people to trust that the evidence exists. It is easy to look at these 'troublemakers', and think, at least we have a superweapon that can make sure they can't ever hurt anyone, even though it's not actually proven beyond reasonable doubt that they will do so. It is easy to know that your government can strike pre-emptively at people, and keep you safe. It is easy to see all those people arrested under the ISA as 'them'; to never think that you might ever agree with what they say or do; to think that tomorrow, it could ever be you, or any of your loved ones. So very easy.
But does that make it right? I don't believe so. And the simplest reason for this is one of natural justice - how can you punish a person without having proved her crime, and without giving her the chance to disprove the allegations made against her?
This is natural justice, for the simple reason that we do it all the time. A simple example. A window is broken in your home. You call your two daughters. One blames the other for the broken window. Would you immediately start yelling at her, and setting her punishment, based solely on what your other daughter said? One would think that you would at least ask the allegedly wrongdoing daughter whether the allegations were true, and if she said otherwise, you would listen to both sides and make up your mind. This pattern of natural justice repeats itself every single time we deal with disputes in our daily lives. So why are we so eager to deny its relevance when it comes to the ISA?
When there is an allegation of wrongdoing, justice demands that if it is disputed by the alleged wrongdoer, then it must be proven, and the alleged wrongdoer must be given a chance to defend herself. And all this takes place under the watchful eye of a neutral arbiter.
None of this happens under the ISA. The government does not have to prove its case - no evidence needs to be tendered in a court of law. The alleged wrongdoer has no chance of defence - she gets picked up, and processed immediately. As for the neutral arbiter? The ISA detainee has not been convicted in a court of law, by the judgment of an free and independent judge - she has been sentenced by the act of a single signature. And ever since the government restricted further the jurisdiction of the courts to examine the grounds of detention, even habeas corpus will not avail her.
And that's not even all, because we also need to remember that the ISA has been a cover for torture in the past. We only need to look at the recent judgment in the case of Abdul Malik Husin to see judicial condemnation of the torture inflicted on him during the course of his ISA detention. It happens, we cannot deny it, and it is a very powerful reason to do away with the ISA. Secrecy breeds torture. We only need to look at the accounts of life in Guantanamo Bay to realise that the less openness and exposure to the watchful legal eye there are, the more easily human beings degenerate into little more than sadistic beasts. For that matter, just read the judgment, and understand the depth of suffering that was inflicted on En. Abdul Malik.
Doing without the ISA is not easy. It means that the government and law enforcement agencies have to do a lot more work, and actually have to prove beyond reasonable doubt that someone is a threat to national security. It means that we'll have to listen to those we fundamentally disagree with, even when we think they're troublemakers, because chances are, as troublesome as they are, they won't be proven to be threats to national security. If you ask me, that's not necessarily a bad thing. And of course, there is the age-old consequence - that we may well end up letting a genuine threat walk free, and people may die because of it.
I will put the last statement into perspective, by noting that the record of ISA usage in Malaysia includes a whole lot of opposition leaders and NGO activists and political dissenters, not to mention passport forgerers - all of whom aren't exactly the next Al-Qaeda or Tamil Tiger bomber, in my humble opinion. But yes, at least half of the current detainees are suspected KMM or JI members. Please bear in mind, however, that links with Tamil Tigers aside, Hindraf does not strike me as a terrorist threat.
But even when dealing with alleged terrorists, the ISA is not the way. Alleged terrorists remain very much alleged; they deserve the right, just as much as a pickpocket, to have their side of the story heard, and the allegations against them proven. Yes, we may make mistakes. But have we so easily forgotten the Prophet's advice: better to let a thousand guilty men go free than to punish one innocent? That is the balance of justice in Islam. It is not easy to live in the insecurity that this balance creates. It is not easy to contemplate that the man you free today may kill you tomorrow. But as long as we believe that at the end of the day, justice trumps fear, then the choice is clear, no matter how hard the consequences may be.
And when it comes to equating Hindraf's loose statements and borderline racism with a 'threat to national security', I believe that again, we're taking the easy way out. Of course it's unpalatable to a lot of people. But what we should be doing is countering the rhetoric with a genuine desire to help our Malaysian Indian brothers, and framing this as part of a drive to help all Malaysians who still live in poverty and deprivation. Instead of thinking that people are automatically going to riot the more they listen to Hindraf, we should be saying: we should not resort to violence, but we must do all we can to help each other. Yes, it's a whole lot harder than just shutting them up with the ISA. But which is easy, and which is right?
I ask you to please think about the question of justice I brought up earlier, and really consider whether the ISA can be reconciled with that conception of justice at all. And if you believe, as I do, that the ISA completely offends against that natural justice, then I would ask you to at least join all the other Malaysians who now say to our government: we choose what is right, over what is easy; and if you choose what is easy, over what is right, then let not this injustice be done in our name.
