Suhakam chairman Tan Sri Hasmy Agam said that provisions, especially those relating to detention without trial and legal representation, were “inconsistent with fundamental human rights principles as enshrined in the Federal Constitution and the Universal Declaration of Human Rights (UDHR).”
Hasmy called on the Government to defer the second reading of the Prevention of Crime (Amendment and Extension) Bill 2013, which was first tabled on Sept 25.
He also said it was important for the Government to conduct a review of the proposed amendments by
taking into account the following fundamental human rights principles:
- That the detention must not be made arbitrarily;
- That the detention must be based upon grounds and procedures established by law;
- That information of the grounds for detention must be given; and
- That the right to fair trial and access to legal representation must be granted
These proposed provisions, he said, deprive the right of a person to legal representation as guaranteed by Article 5(3) of the Federal Constitution and Article 7 of the UDHR.
Another provision of concern, said Hasmy, was Section 7C which empowers the Board to issue a detention order against a person who has committed two or more serious offences, whether or not he has been convicted, and merely on the sufficiency of evidence.
“The Commission is of the view that this provision violates a person’s right to a fair trial and protection against repeated trials as well as the rights to equality before the law and to be considered innocent until proven guilty, as stipulated under Articles 7(2) and 8(1) of the Federal Constitution, respectively," he said.
The Commission also expressed its dismay over the proposed Section 15A which prevents judicial review of the Board’s decision except on procedural matters thereby denying the right of the an aggrieved individual to access to a court of law with all the guarantees necessary for his defence.
“In the Government's efforts to combat crime, it is important to ensure that laws that are enacted are progressive and not retrogressive in character, mindful of Malaysia's position as a sitting member of the United Nations Human Rights Council that requires it to uphold the highest standards in the promotion and protection of human rights in the country.
