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(The Wall Street Journal) Malaysia celebrated a victory for free speech Friday when a court overturned the arrest of a prominent blogger, saying the government had overstepped its authority under the country's Internal Security Act. If it stands, the ruling could set a precedent that limits such detentions in future.
Raja Petra Kamarudin is the editor of Malaysia Today, a popular news Web site, and a vocal critic of the current government. He went to jail in September for writing articles that the government said insulted Islam and incited religious hatred. He was arrested under the ISA, a colonial-era law that allows for indefinite detention without trial. In ordering Mr. Petra's release, High Court Justice Syed Ahmad Helmy Syed Ahmad ruled that "the [Home] Minister cannot simply detain someone. He must be confined to the circumstances stated," according to the New Straits Times. Mr. Petra's attorney, Malik Imtiaz Salwar, told us that in his client's defense he had argued that the ISA empowers the government to detain Malaysians only when there is an organized threat to national security. The government plans to appeal the judge's ruling. In comments emailed to us, the senior private secretary to the minister of home affairs said: "This decision is a clear demonstration if any were needed that Malaysia's judiciary is in good health and entirely independent from government," while noting that the ministry disagreed with the decision. Friday's ruling sets a legal precedent that has the potential to be used to appeal other ISA detentions. This is no small feat: Since 1989 ISA detainees have not been permitted to challenge their detentions in court, with the narrow exception of challenges for procedural issues. The Internal Security Act has long been a blight on Malaysia's democracy. Former Law Minister Zaid Ibrahim resigned in protest over the law earlier this year. In September, he wrote an open letter to the prime minister in which he said that the ISA has been "abused to further certain political interests" and called for its repeal. Justice Syed Ahmad's ruling in Mr. Petra's case is a good first step toward limiting the powers of the ISA. Even better would be its repeal.
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