KUALA LUMPUR: Should the government succeed in bringing home the two Malaysians held as terrorists in Guantanamo Bay in Cuba, they should not be released immediately but detained under terrorism laws.
International Institute of Islamic Thought and Civilisation counter-terrorism analyst Assistant Professor Dr Ahmad El-Muhammady said Mohammed Nazir Lep and Mohamad Farik Amin should be detained under the Security Offences (Special Measures) Act 2012 (Sosma) and the Prevention of Terrorism Act 2015 (Pota).
"Sosma requires them to be detained for 28 days and then be under Pota for at least two years. During this time, rehabilitation should be conducted before the process of reintegration into the society.
"I don't think they should be put on trial again because in the name of human rights, they have served their sentence, even though they have never gone to trial.
"The detention under rendition programme conducted by the (United States') Central Intelligence Agency and then being in Guantanamo Bay for close to 20 years is already a punishment for them," he told the New Straits Times.
Ahmad, who works with the Special Branch's Counter Terrorism Division and the Prisons Department on rehabilitation and deradicalisation programmes, said the department and police would conduct psychological and ideological assessments as part of the duo's rehabilitation.
However, he believed the two, after being detained for so long, had been rehabilitated and had gone through the stages of reflection, acceptance and repentance before expressing their wish to return to Malaysia to be with their families.
"They were young and influenced by Riduan Isamuddin, or Hambali, to join (the) Jemaah Islamiyah (militant group), not knowing that what they believed was wrong and deviated (from the true teachings of Islam).
"They have gone through the processes and that was why the minister (Home Minister Datuk Seri Saifuddin Nasution Ismail) had concluded that it was appropriate that they be repatriated to Malaysia," he added.
Ahmad, however, warned that rehabilitation and assessments were crucial, adding that after spending many years in prison, returning to society would be challenging for them.
"They need psychological assistance, counselling and conversations to get themselves familiarised with the new environment because they have been in prison for almost two decades.
"They haven't seen anything except for the wall. A gradual exposure to the new reality is needed. We have conducted rehabilitation programmes for over 20 years for members of various groups, from deviant groups to terrorists, and we have a good success rate, with only seven recidivism cases out of 100."
On negative public perception when the duo are eventually released into society, Ahmad said people should have confidence in the assessments made by the authorities.
"We should be supportive of their transition from being terrorists to repentant persons, who are against violence," he added.
Ahmad hoped their release and repatriation would materialise and news that the US was willing to allow them home was a day of triumph for human rights.
"Based on the documents we have seen, there is some kind of arrangement but I do not know the contents. I believe there are certain conditions. But there is a deal that they would be repatriated to Malaysia."
He said Hambali would have to stay in Guantanamo Bay as Indonesia refused to repatriate him.
Ahmad gave credit to the US government for its willingness to allow the Malaysians to return and commended the Malaysian government — especially the home and foreign ministries, police and the Attorney-General's Chambers — for their efforts.
On Monday, Saifuddin had said the government would expedite efforts to bring home the duo, adding that he had raised the matter in a meeting with Special Representative for Guantanamo Affairs Tina Kaidanow during his trip to New York recently.
The duo were among seven people arrested for their alleged role in the bombings of JW Marriott Hotel in Bali and Jakarta in October 2002 and August 2003, which killed 202 people.
They were nabbed in Thailand in 2003 and sent to secret CIA black sites where they were reportedly tortured before being moved to Guantanamo Bay in 2006.
