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Malaysian wins $1 million for wrongful 3-year detention
Associated Press - June 10, 2010
Kuala Lumpur, Malaysia – A Malaysian businessmen who was held without trial for three years under a harsh security law won 3.3 million ringgit ($1 million) in damages from the government Thursday in a landmark court verdict, his lawyer said.
High Court Judge Mohamad Hishamuddin Mohamad Yunus ruled that Badrul Zaman P.S. Mohamed's detention under the Internal Security Act in 1991 was wrongful and illegal, said lawyer M. Manoharan.
Badrul, 58, was arrested in 1991 for allegedly issuing fake Malaysian passports to illegal Sri Lankan immigrants seeking to use Malaysia as a transit point to migrate to Europe, he said. Badrul was never charged and was freed in 1994 after challenging the validity of his detention in court.
"The judge is very firm that the government is wrong in detaining people without trial. This is a very clear message for the government to abolish the ISA once and for all. They must pay for all the injustices caused," Manoharan told The Associated Press.
Badrul, who sued the government in late 1994, was the second person detained under the security act to have been awarded damages.
The same high court judge in 2007 awarded 2.5 million ringgit ($758,000) to activist Abdul Malek Hussin for illegal detention under the act and alleged torture while in police custody after he was held for participating in anti-government protests.
The Appeals Court however, overturned the verdict in March. Abdul Malek is appealing to the country's top court.
Manoharan said the government is also likely to appeal the court's verdict in Badrul's case.
Critics have long accused the government of using the security act, which allows authorities to indefinitely detain people considered to be security threats, to stifle political dissent. The government says it is necessary to preserve stability.
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