Bars of Malaysia: "No to Preventive Detention Without Trial"

The Malaysian Bar, the Sabah Law Association and the Advocates Association of Sarawak are appalled by the proposed amendments to the Prevention of Crime Act 1959, saying the new law effectively re-introduces the Internal Security Act (ISA) and the Emergency Ordinance.

“The proposed amendments to the PCA are objectionable and repugnant to the rule of law. These amendments violate the rule of law and ignore due process and infringe upon our constitutional rights,” the three groups said in a statement Friday.

They also objected to 10 other proposed legislations, including proposed amendments to the Criminal Procedure Code and the Evidence Act 1950.

According to the three bodies, the proposed amendments to the PCA seek to revive preventive detention without trial, repeated renewals of such detention without trial, oust the jurisdiction of the judiciary.

“The amendments provide that a suspected person does not have a right to legal representation during an inquiry to determine whether the person is a member of a registrable category under the PCA and therefore liable to supervisory or preventive detention orders.

“The suspected person is not provided with the grounds for any adverse findings, and does not have the right to appeal or apply for review to the courts against any adverse findings or a supervision order,” said Malaysian Bar President, Christopher Leong.

He added the Prevention of Crime Board has limited utility as it does not have power to inquire into or re-examine the accuracy, sufficiency and veracity of the findings of the Inquiry Officer and the grounds for the findings.

“The Inquiry Officer is appointed by the Minister and has sole conduct of any inquiries under the PCA.

“The Board is effectively bound by the findings and the grounds of the Inquiry Officer in exercising its discretion as to whether to release the suspect, or issue a supervision order or direct a preventive detention,” he added.

Leong said the Bar Council and the Sabah Law Association and the Advocates Association of Sarawak reject any attempt to resurrect preventive detention without trial, repeated renewals of such detention without trial, the ouster of the jurisdiction of the judiciary, denial of the rights of suspected persons to due process of the law.

“We feel the answer to the fight against crime cannot lie in re-introducing laws that diminish our adherence to the rule of law, due process and constitutional safeguards.

“The proposed draconian amendments are not a reflection of the state of crime in our country,” he said.