Suhakam is against proposal to reinstate EO

The Malaysian Human Rights Commission (Suhakam) has expressed its concern over the proposal by certain quarters to reinstate the Emergency Ordinance (EO) that was repealed two years ago, in order to deal with elements that threaten national security.

Suhakam chairman Tan Sri Hasmy Agam said this is because the reinstatement of the EO is a retrogressive step as any detention held without trial is against the Federal Constitution and basic human rights principles.

“We recognise the need to address the issue of preserving social order, but reinstating EO will be against Article 8(1) of Federal Constitution as well as Article 7 of the Universal Declaration of Human Rights (UDHR) both of which provide that all persons are equal before the law and are entitled to the equal protection of the law,” he said in a statement.

He said the increase in crime rates occurs in many countries, not only in Malaysia.

“This, however does not justify the use of retrogressive measures which would only move the country backwards in terms of its human rights record.

“Suhakam is of the view that the alleged crime offences could be dealt with under the existing penal laws of the country including the Penal Code that allow for the suspected criminals to be charged through a public fair trial in Court.

“Suhakam also sees the need for the authority to enhance the effectiveness of its crime investigation, prevention and monitoring mechanism, as well as rehabilitation programme for former detainees,” he said.