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ISA: Hishamuddin Rais Affidavit
13/9/2001 5:29 pm Thu
Aliran Monthly 21(7) Page 12:
I VEHEMENTLY DENY ALL THE ALLEGATIONS
Hishamuddin Rais files an affidavit (Aug 6, 2001) against his
arrest and treatment under the ISA
I, HISHAMUDDIN BIN MD RAIS (No. KP: 4154269) a Malaysian citizen
of age and now under arrest at the address of Tempat Tahanan
Perlindungan, Taiping, Perak Darul Ridzuan hereby vow and state
1. I am the Fourth Appellant named above and am currently under
arrest at Tempat Tahanan Perlindungan Taiping in accordance with
an order which was given out under Section 8, Internal Security
Act, 1960 (ISA). Unless expressly stated, all facts which are
deposited within are based on my personal knowledge.
2. My profession before I was arrested was a writer, columnist,
and film producer. My academic credentials are a Diploma in
French Language from the Catholic University Leuven La Neuve,
Basic Art from Brixton College, London and a BA (Hons) in Film,
Video and Photography from Westminster University, London.
3. I was arrested on 10.4.2001 at around 5.30 in the afternoon
at my office at No 52A Jalan Kemuja, Bangsar Utara, Bangsar by a
group of policemen. At that time, I was alone in the office when
I heard a loud knock on my door. When I opened the door, I found
six policemen wearing remand uniform and a police officer in
uniform who then proceeded to enter my office. The uniformed
officer who arrested me did not introduce himself, either by
announcing his name or rank until I reached Sentul Police Station
where I saw his name and rank on a list of my personal
belongings. The officer then informed me that I was detained
under Section 73(1) Internal Security Act 1960 but I was not told
the reason why I was arrested. My hands were cuffed and I was
immediately escouted out of my office. I was not even allowed to
switch off my computer or lock my office. When I requested to
contact my neighbour to inform him that I had been arrested, I
was denied the opportunity to do so on the excuse that I was now
in police custody.
4. I was then escorted into an unmarked car and brought to the
Sentul Police Station. Upon arriving at the police station, I
was taken to a room where all my personal belongings were taken
from me and when I saw an office list down the items. I also
noticed that this process was captured on a videorecorder by a
police officer. I sighned the list of items. When I was
arrested, the reasons for my arrest were not read out to me.
This initial process at the police station took 30 minutes.
5. After that, my hands were cuffed again and a pair of dark
glasses were put over my eyes and I was put in a van. The van
took me to a destination which I suspected was the Police Remand
Centre. I did not know what I was being brought to the Police
Remand Centre until I had arrived in Kamunting. Upon reaching
the Police Remand Centre, I was given two pairs of shirts and a
pair of trousers, one toothbrush and some toothpaste, one green
blanket, bathing soap, and a small "Good Morning" towel. I was
not supplied with any shoes or any form of protection for my
feet. I was then given a pack of chicken rice and some food.
After eating I was then placed in my cell.
6. The cell had two beds which were made of cement and plywood.
There was also a squat toilet and a water pipe next to it. The
room had no window and measured about 12 feet long by 6 feet
wide. There was only one ventilation hole in the wall and it was
impossible for me to tell night from day. No sunlight was able
to enter the room. The room was lit by a red light bulb which
was switched on virtually all the tim. After three nights in
this cell, I was transferred to a newer cell.
7. During the first three weeks, I was barefoot (no shoes or
slippers were provided) and I was not given a pillow to lay my
head. I was told by the investigating officer that I may be
allowed both these items if I cooperated with them, put on good
behaviour and fave them all the answers. I was only given
slippers and a pillow in the fourth week.
8. On 11.4.2001, at 8.00 am, I was given breakfast and then
taken to see a doctor in an internal clinic. The doctor on duty
was Dr Vasantha. There, blood samples was taken and tested and
the doctor also took my blood pressure. I complained to the
doctor about my migraine and asked to be supplied with garlic
because at the time I was undergoing therapy with garlic. I also
informed Dr Vasantha about my hereditary diabetes, and asked for
a check on my glucose level. The doctor recorded all my
complaints as stated avoce.
9. At around 10.00 am I was taken to an interrogation room where
I was interrogated by five Malay policemen in reman uniform until
around 5.00 pm. The interrogation session was continuous and was
only punctuated by lunch breaks from 1.00 to 2.00 in the
afternoon. All five of the policemen did not introduce
themselves and hid their nametags.
10. The next day and the days following that, the interrogations
only started from about 9.00 until 5.00 pm with only breaks for
lunch between 1.00 and 2.00 pm. This profcess was repeated daily
throughout my detention there.
11. After a month, I was taken to a detention in another place
which I did not recognise. The conditions in this cell were
worse and more oppressive compared to my previous cell in the PRC
because there was absolutely no spare for sunlight or fresh air.
The cell did not have any toilet and I was only given a bottle to
urinate in at night. The quality of the food and medication was
worse and the cell door was rarely open. There was only a panel
in the door, enough to fit two observing eyes.
12. When I was detained in the cell, every time I was taken to be
interrogated on the third floor, my hands could be cuffed, but I
would hve to wear darkend glasses, compared to the PRC where I
had to wear darkened glasses every time I was brought to
13. When I was first informed by the interrogating officers that
they knew everything about me, my political activities, my
movements and my acquaintainces. Therefore I could not lie as
they knew everything.
14. I was then instructed to tell everything about myself to
them. I told them that I did not know what they wanted from me.
They then responded by shouting vicious, lewd, and abusive words
at me and tried to denigrate me and threaten me.
15. From the start of the interrogation process, for about four continuous weeks, the questions put to me were a form of mental and emotional torture. I was insulted, shamed and abused with swearing and derogatory words meant to reduce my self-esteem. The worst period of abuse was during the first three weeks of interrogation. Among the vicious abuse hurled at me included:
16. On about the eighth day of my interrogation, I was ordered to
recite my life story from the time I was in school. One of the
interrogating officers started insulting me like this: "We do
not want any intellectual stuff from you." In the middle of the
interrogation session, a man who I believed was a higher-ranking
officer among the interrogators entered and interviewed me
privately. At this juncture, the other interrogating officers
left the room. I was accused by the interrogating officer that I
had given a speech at Lenggeng where I allegedly incited the
people to demonstrate on the streets. I vehemently denied it
because I had never gone to Lenggeng and I was not even shown
proof of the statement which I had allegedly made.
17. The pattern of interrogation was based on topics below:
17.1 About my role in the Technical Committee for the Handing over of the People's Memorandum on 14 April 2000, where they referred to that day as "Black 14". This was brought up on the third day of interrogation. I informed them that that day was not "Black 14" as alleged by them but the day of handing over the memorandum to SUHAKAM. I clarifid that my responsibility was to prepare banners only. Among the questions were:
These questions were repeated for the next three to four days
because they did not believe my statements.
17.2 My role in the demonstration at the Kesas Highway. They stated that the program was meant to topple the government. I explained to them that my role was to prepare the banners only. I also said that the incident at the Kesas Highway was not a planned demonstration. The owner of the land at Jalan Kebun which was located near the Kesas Highway and the Kota Kemuning toll had donated his land to Parti Keadilan Nasional to built the party's Selangor's headquarters. Many people had the intention of going there to witness the official handing over ceremony of the land and the declaration that the land would used for party headquarters in Selangor. Among the questions asked were:
17.3 They asked me about my talks as follows:
17.4 They asked me about my involvement with local university
students; who was involved in Student Societies; and how I knew
about the STudent Societies.
Even though I had answered all the questions truthfully, the
interrogating officers persistently created their own answers
which were contradictory to my statements.
17.5 They asked about the Alternative Front;s Hari Raya Gathering
at Jalan Kebun and what my role there was.
17.6 They also interrogated me about my role in holding the
theater production of "Tok Ampoo" as well as the content of that
particular theater production. Even though I had explained to
them about it, they still accused me of writing aplay which was
18. During the third week of my interrogation, they brought an alleged photocopy of my Identification card. I am sure what they showed me was a falsified identification card and they then threatened me concerning my citizenship status by alleging that:
These threats were constantly thrown at me to pressure me in
falsely admitting that I was not a Malaysian citizen.
19. I was also interrogated for three days straight about my
views concerning Dato' Seri wan Azizah binte Wan ismail, Lim Kit
Siang, Dr Chandra Muzaffar, Parti Keadilan Nasional, Parti Rakyat
Malaysia, DAP and Party Islam Se-Malaysia. I was asked about how
close my relations with Datin Seri Wan Azizah binti Wan Ismail
20. I was also interrogated about my views concerning government
policies, especially the University and University Colleges Act
(UUCA), the Indah Water Konsortium privatisation projection,
cultural policies, and the decision to buy back MAS/LRT.
21. The Interrogating Officers tried to influence and mislead me
with the following statements:
These questions and statements were directed at me continuously
throughout the whole of my interrogation.
22. Besides the statements above, the interrogating officers also
insulted and hurled abuse at me by accuse me of sexual
23. I was repeatedly threatened mentally. Among the incidents
and threatening statements were:
23.1 During an interrogation, the Interrogating Officer stood up
and pointed his hand at me (in the style as if he was hold a gun
in his hand) and said "Kamu hanya berdemo - nanti jika PAS atau
Barisan Alternatif menang, kami semua akan turun dengan senjata
mengganas di jalan raya. Kami ada pengalaman dan dilatih. Tak
sampai seminggu Barisan Alternatif akan bungkus" ("You guys are
only demonstrating - if PAS or the Alternative Front wins, we'll
take to the streets with weapons. We are trained and we have
experience. The Alternative Front won't last a week")
23.2 "Tidak ada pemimpin yang baik dan teulung kucuali Mahathir"
("There is no leader greater than Mahathir")
23.3 "Barisan Nasional adalah tunggak kejayanan negeri ini"
("Barisan Nasional is the source of success in this country")
23.4 "Kami tidak suka pembangkang terutama Keadilan dan PAS" ("We
don't like the opposition, especially PAS and Keadilan")
23.5 "Kami paling berkuasa untuk menurun dan menaikkan sesiapa
sahaja di negara ini" ("We have the ultimate power to raise and
bring down anyone in this country")
23.6 "Kami lebih berkuasa dari Menteri. Malah Menteri ikut cakap
kami" ("We are more powerful than Ministers. Even Ministers do
what we say.")
23.7 "Tanpa kami negara ini akan hancur. Kami lebih baik dari
CIA dan Mossad. CIA minta bantuan kami untuk berhubung dengan
pengganas Arab" ("Without this, this country would be in ruins.
We're even better than the CIA or Mossad. The CIA asked for our
help to contact the Arab terrorists")
23.8 "Kami dan ISA adalah kuasa dalam negara ini" ("We and the
ISA are the power in the country")
23.9 "ISA tidak zalim malay perlus diwujudkan untuk keselamatan
negara dan baik untuk kerajaan kerana parti pembangkang dapat
dipatahkan" ("ISA is not unjust but necessary for nationwide
security and good for the government because the opposition can
be destroyed with it")
23.10 They showed me walls with scratches and bootprints while
describing to me the techniques they used until blood was
splattered on the interrogation room walls. They threatened me
by saying that they would push detainees forcefully to the wall
and beat them until their sprayed onto the walls. This was the
method that they were going to use against me if I did not
23.11 They warned me that if the people's support to the
Alternatif Front increased, they would use the ISA to detain
Mahfuz, Hadi Awang, Dr Hatta and Mat Sabu.
24. The interrogating officers wanted me that if I filed a
habeas corpus application, they would detain me again and put me
in Police Remand Centre for another 60 days. According to them,
the lawyers only wanted money and because of that the habeas
corpus applications would not help me.
25. The family visit for me was only allowed about one and half
(1-1/2) months in detention. The visitation was under heavy
surveillance by police officers. Before that, I was informed
that the family visit was cancelled because of the actions of
Mohamed Ezam's wife. I was then told that my family visit was
only because of their mercy.
26. The next day, after the family visit, I was asked about a
news report in Malaysiakini concerning comments from my family.
I was asked avout who spread the news and why my sister did so.
27. Two days before the visit from SUHAKAM, senior police
officers who were interrogating me came to the interrogation room
and informed me that SUHAKAM would come and meet me and that I
would have to put on a good appearance to SUHAKAM about the
treatment that I was receiving. He tried to obtain my views
about SUHAKAM. he tried also to poison my mind avout SUHAKAM by
27.1 SUHAKAM was interfering in the police's work;
27.2 SUHAKAM consisted of American agents paid by Al Gore;
27.3 SUHAKAM was a stooge of Keadilan;
27.4 Without SUHAKAM and lawyers, their work would be easier;
28. They tried to persuade me by saying: "We are looking at all
aspects of the meeting. If you give good impression, then I will
give a good report - positive views about you to the higher
authority for your early release". They tried to give a good
impression by giving me a new pair of trousers, shirts, socks.
Besides having my shoes shined, my hair and moustache were also
29. Throughout the whole of my detention, I was never asked,
questioned or interrogated about bombs, molotiv c##ktails,
firearms or grenade launchers. They never asked me anything
about allegations of racial or religious incitement. I was also
never asked about allegations of obtaining assistance from
martial arts experts. I only knew about this upon reaching
Kamunting and reading the press statement which was made by the
inspector-General of Police Tan Sri Norian Mai on 11.04.2001
which was shown to me by my lawyer. Among the accusations in the
press statement were about activities which were allegedly
carried out by myself and the other detainees which jeopardized
national security were:
29.1 Carried out steps to obtain explosives, including bombs and
29.2 Using molotov c##ktails, ball-bearings and other dangerous
weapons to attack security forces during street demonstrations in
29.3 Obtained assistance and support of martial arts experts and
influening a number of ex-security officers; and
29.4 Creating racial tension through religious and racial issues
by spreading false news during the by-election at Lunas, Kedah
30. I vehemently deny all the accusations above. These
allegations which are totally untrue are nothing more than a
vicious slander against me, my fellow detainees and my family.
31. As stated in paragraph 29 above, I was never asked about
these accusations that were thrown by the Inspector-General of
Police through his press statement dated 11.04.2001. They (the
police) have also never asked any detailed questions to show the
relationship between myself and these unfounded allegations or
32. Throughout my detention, I was never informed about the
reasons or causes of my detention. I have never seen any
statement regarding the same matter during or right after my
arrest. When I was arrested by the police at my office, I was
only told that I was being arrested under Section 73 (1) of the
Internal Security Act. No further matter was made known to me
regarding my arrest until I was informed by my lawyer at Kem
Tahanan Perlindungan di Kamunting, that is after I was ordered
for further detention under section 8 of the Internal Security
Act by the Minister on reasons of jeopardising national security.
33. Throughout my detention I assumed that my detention was
because of my political beliefs or my activities which led to my
political beliefs or because of the political threat to Barisan
Nasional or because of my moral and political support against the
mistreatment of Dato' Seri Anwar Ibrahim, and not because of the
reasons given by the Inspector-General of Police.
34. The facts that have been deposited herein have only been
told in full detail to my lawyer only after I was brought to
Kamunting. Nevertheless when I met with my lawyer, we were
constantly being observed by an officer of the Kamunting
detention centre. The said officer could hear everything that
was discussed between myself and the lawyer. My request to
discuss my case with the lawyer in private was denied. Because
of this, I was not able to discuss openly and in detail with my
lawyer. Therefore I would like to state this affidavit has been
deposited without prejudice to my rights to raise other matters
when necessary if I get the opportunity to do so.
35. I have also been advised by my lawyers, and I also believe
that this represents a clear violation of my rights under the
36. Furthermore, I deny the stated facts which are contained in
the Minister's orders dated 2.6.2001 which were produced under
Section 8, ISA regarding myself. A more deailed denial will be
done in my appeal regarding my detention under the said
37. Therefore I hereby state that my arrest and subsequent
detention on the orders of the Inspector-Geneal of Police under
Section 73(1) of the Internal Security Act 1960 is male fide