Suhakam wants government to defer second tabling of PCA amendments
The Human Rights Commission of Malaysia (Suhakam) has called on the government to defer the second tabling of amendments to the Prevention of Crime Act in Parliament after it found several provisions of the law were "inconsistent with human rights principles as enshrined in the Federal Constitution".
Suhakam chairman Tan Sri Hasmy Agam (pic) said although the commission supported the government's effort to tackle serious crime, he was concerned with the proposed amendments, especially the ones relating to detention without trial and legal representation.
"While the Bill proposes an amendment, making it a requirement for inquiry reports to be submitted to the Prevention of Crime Board instead of the minister, the commission views seriously the proposed amendments that deprive the right of a person to legal representation as guaranteed by the Federal Constitution and Article 7 of the Universal Declaration of Human Rights," he said in a statement today.
Suhakam, he added, was also concerned with the power given to 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.
On Wednesday, Putrajaya tabled the proposed amendments to the PCA to give it the power to detain hardcore criminals for up to two years without trial.
Home Minister Datuk Seri Ahmad Zahid Hamidi immediately described the PCA and the related 10 Bills up for amendment as "transformation".
"You are wrong if you say it's draconian," he said in Parliament, countering opposition claims that the Act was similar to the repealed Internal Security Act and Emergency Ordinance.
The proposed amendments exclude the provision of judicial review, except for procedural measures.
Presently, under the PCA, suspects can be detained up to 72 days. However, it is required that they be produced in court at certain stages during the 72-day detention. It was effectively used before the ISA was enacted decades ago.
"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," Hasmy said.
Hasmy said Suhakam was "dismayed" at the amendments which violate a person's right to a fair trial and denies a right to access to a court of law.
These fundamental rights, he reiterated, were already stipulated in the Federal Constitution of the country.
He urged the government to conduct a review of the Bill before its second tabling on Monday by taking into account several human right principles - the detention must not be made arbitrarily, the detention must be based upon grounds and procedures established by law, the detainee be allowed legal representation and the grounds of detention must be given. - September 28, 2013.