From The Star, Malaysia 12 May 2002
US endorses ISA By JOHAN FERNANDEZ
WASHINGTON: US Attorney-General John Ashcroft has "positively endorsed" the significance of the Internal Security Act (ISA) by stating that he understood the relevance, the utilisation and the background of Malaysia having such a law.
Minister in the Prime Minister's Department Datuk Seri Dr Rais Yatim said that Ashcroft's understanding of the need for the ISA and his endorsement of the use of it was "a watermark."
"He also understood how such a law could imbue the position of the United States now that it had the Patriot Act," Dr Rais told reporters after a meeting with the US Attorney-General here yesterday.
The ISA had, for a long time, come under strong criticism from Western nations and NGOs who questioned the need for the Act, often described as "draconian."
Dr Rais said that during his meeting with Ashcroft, he had stressed that the US had to understand the significance of the preventive law Malaysia had since 1948, and look at it in the context of its own Patriot Act.
"I believe that after the meeting there will be no more basis to criticise each other's systems, specifically the ISA, because if they do that, then the Patriot Act, which is quite similar in nature to the ISA, could come into a position of jeopardy itself," he said.
"Ashcroft seemed to understand the existence, need and the future of the ISA in as much as we understand the Patriot Act," he added.
Dr Rais said he had requested that work based on intelligence and information on both the Patriot Act and the preventive ISA could be "on the platter" if the US required it, meaning that they could exchange experiences as well as change tactics on how to tackle the prejudicial elements against Malaysia vis-à-vis those who were out to violate the Patriot Act.
He said Ashcroft had shown enthusiasm to work with Malaysia in combating terrorism, and while agreeing on the prosecutorial part, they did not lose sight of the preventive aspects of terrorism.
"The Americans also believe that sheer might alone may not be enough. We agreed that a fair amount of the approach should involve preventive measures," he said.
Dr Rais said Washington had expressed the need for enhanced co-operation.
He said the US had stated that it needed Malaysia to come up with information, data and the mechanism necessary to ease prosecution.
"While we agree with that approach, we also pointed out that Malaysia had all the legal infrastructure. I highlighted that we had put in place an Act of Parliament pertaining to international co-operation in fighting serious crimes.
"Now we can have government-to-government co-operation in exchanging data, information and intelligence under the Mutual Assistance Pertaining to Crime Act. The other law is the Anti-Money Laundering Act which was passed."
On whether the Americans had requested for any Malaysian to be sent to the US to face trial, Dr Rais said that if there was a specific request for a terrorist which the US wanted, Malaysia would have no problem as long as the sovereignty and legal process were recognised.
He said Ashcroft had hinted that in future the two countries could exchange an official note on the matter.
Dr Rais said there were provisions in the Patriot Act that were quite similar to the ISA.
"The wisdom of having the ISA has been appreciated over the years and I pointed out that with this, Malaysia had been able to save itself from a lot of catastrophes, in terms of those who would have liked to take the Government by force.
"While the comparative nuances are good, I think the whole spectrum of these laws are appreciated and that they are preventive in nature for any eventuality against those who try to usurp the power of a legitimate government," he said.
He said he pointed out that although the US had not appreciated the need to define terrorism, Malaysia had gone ahead with one and "we are comfortable with that."