EXECUTIVE SUMMARY I
REVIEW OF THE INTERNAL SECURITY ACT 1960
INTRODUCTION
1. History of the Internal Security Act 1960 = 3
2. The purpose of the Internal Security Act 1960 = 3
3. The Background to SUHAKAM’s Review of the Internal Security Act 1960 = 5
4. The Scope of SUHAKAM’s Review of the Internal Security Act 1960 = 8
5. The Structure of the Report = 9
6. The Research Methodology = 9
7. Acknowledgements = 10
PART ONE
Preventive Detention within the International Human Rights Framework
1. Definition of Preventive Detention for the Purposes of this Report = 11
2. International Instruments Applicable to the Detention of a Person = 11
3. Preventive Detention and International Human Rights Principles = 16
4. Model Code for Legislation providing for Preventive Detention = 26
PART TWO
Preventive Detention Under Section 73 of the Internal Security Act 1960
1. The Law
1.1 Section 73 of the Internal Security Act 1960 = 32
1.2 The Lockup Rules 1953 = 33
2. The Issues
2.1 Grounds for detention = 33
2.2 Period of Detention = 36
2.3 Place of Detention = 38
2.4 Access to the Outside World = 41
2.5 Rights of Detainees = 45
2.6 Treatment of Detainees = 49
2.7 Living Conditions whilst in Detention = 51
2.8 Judicial Review = 51
PART THREE
Preventive Detention Under Section 8 of the Internal Security Act 1960
1. The Law
1.1 Chapter II of the Internal Security Act 1960 = 59
1.2 The Internal Security (Detained Persons) Rules 1960 = 63
2. The Issues
2.1 Grounds for detention = 64
2.2 Period of Detention = 67
2.3 Place of Detention = 69
2.4 Access to the Outside World = 71
2.5 Rights of Detainees = 74
2.6 Treatment of Detainees = 76
2.7 Living Conditions whilst in Detention = 79
2.8 The Advisory Board and Judicial Review = 79
PART FOUR
Conclusion and Recommendations
1. The Internal Security Act 1960 and Human Rights = 83
2. Repeal and Replacement of the Internal Security Act 1960 = 88
3. Interim Recommendations
3.1 Legislative Reform = 90
3.2 Administrative Directives and Procedures = 93
4. Conclusion = 97
APPENDICES
APPENDIX 1 Universal Declaration of Human Rights = 101
APPENDIX 2 International Covenant on Civil and Political Rights = 107
APPENDIX 3 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment = 126
APPENDIX 4 Convention for the Protection of Human Rights and Fundamental Freedoms = 140
APPENDIX 5 Standard Minimum Rules for the Treatment of Prisoners = 155
APPENDIX 6 Body Principles for the Protection of All Persons under Any Form of Detention or Imprisonment = 174
APPENDIX 7 Bibliography = 183
REVIEW OF THE INTERNAL SECURITY ACT 1960
INTRODUCTION
1. History of the Internal Security Act 1960 = 3
2. The purpose of the Internal Security Act 1960 = 3
3. The Background to SUHAKAM’s Review of the Internal Security Act 1960 = 5
4. The Scope of SUHAKAM’s Review of the Internal Security Act 1960 = 8
5. The Structure of the Report = 9
6. The Research Methodology = 9
7. Acknowledgements = 10
PART ONE
Preventive Detention within the International Human Rights Framework
1. Definition of Preventive Detention for the Purposes of this Report = 11
2. International Instruments Applicable to the Detention of a Person = 11
3. Preventive Detention and International Human Rights Principles = 16
4. Model Code for Legislation providing for Preventive Detention = 26
PART TWO
Preventive Detention Under Section 73 of the Internal Security Act 1960
1. The Law
1.1 Section 73 of the Internal Security Act 1960 = 32
1.2 The Lockup Rules 1953 = 33
2. The Issues
2.1 Grounds for detention = 33
2.2 Period of Detention = 36
2.3 Place of Detention = 38
2.4 Access to the Outside World = 41
2.5 Rights of Detainees = 45
2.6 Treatment of Detainees = 49
2.7 Living Conditions whilst in Detention = 51
2.8 Judicial Review = 51
PART THREE
Preventive Detention Under Section 8 of the Internal Security Act 1960
1. The Law
1.1 Chapter II of the Internal Security Act 1960 = 59
1.2 The Internal Security (Detained Persons) Rules 1960 = 63
2. The Issues
2.1 Grounds for detention = 64
2.2 Period of Detention = 67
2.3 Place of Detention = 69
2.4 Access to the Outside World = 71
2.5 Rights of Detainees = 74
2.6 Treatment of Detainees = 76
2.7 Living Conditions whilst in Detention = 79
2.8 The Advisory Board and Judicial Review = 79
PART FOUR
Conclusion and Recommendations
1. The Internal Security Act 1960 and Human Rights = 83
2. Repeal and Replacement of the Internal Security Act 1960 = 88
3. Interim Recommendations
3.1 Legislative Reform = 90
3.2 Administrative Directives and Procedures = 93
4. Conclusion = 97
APPENDICES
APPENDIX 1 Universal Declaration of Human Rights = 101
APPENDIX 2 International Covenant on Civil and Political Rights = 107
APPENDIX 3 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment = 126
APPENDIX 4 Convention for the Protection of Human Rights and Fundamental Freedoms = 140
APPENDIX 5 Standard Minimum Rules for the Treatment of Prisoners = 155
APPENDIX 6 Body Principles for the Protection of All Persons under Any Form of Detention or Imprisonment = 174
APPENDIX 7 Bibliography = 183