Internal Security Act (Singapore) - Safeguards of The ISA

Safeguards of The ISA

The government recognizes that the ISA is a “very blunt instrument” and that the individuals detained have their normal rights of a trial suspended. Therefore, safeguards have been enacted to prevent abuse of the ISA.

1.A person can be held for no more than 30 days from the date of arrest before he is served an Order of Detention (OD), or Restriction Order (RO), or released unconditionally.

2.Both the Order of Detention and Restriction Orders have to be approved by both the Minister of Home Affairs and the President of Singapore.

3.ODs and ROs are termed at 2 years and they can be renewed at the approval of the Minister of Home Affairs and the President of Singapore.

4.Each OD and RO must be reviewed by an independent Advisory Board which is headed by a Supreme Court Judge and two qualified citizens appointed by the President.

5.A detainee must be informed of the grounds of detention and allegations made against him within 14 days of the service on him the Order of Detention.

6.A detainee has the right to make representations (engage a lawyer or any person) against his OD to the Advisory Board which shall convene within 3 months of the detention.

7. The Advisory Board shall have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production of documents.

8. Even though the period of detention is for 2 years at a time, the Advisory Board shall review all cases every 12 monthly.

9.In 1991, the Constitution and the ISA was amended to enact the President's concurrence when the Advisory Board has recommended a detainee's release at the President's own discretion without the direction of the Cabinet.

10.A Board of Inspection, made up of 50 Justices of Peace and community leaders, makes unannounced visits to the ISD detention centre to ensure that the detainees are not subject to abuse and are well cared for.