Tuesday, August 02, 2016

SUHAKAM:- Prevention of Crime Act (POCA) [Media Statement - 28/7/2016]

SUHAKAM(Malaysian Human Rights Commission) comes out with a clear statement against POCA(see below) - but should not stop there. SUHAKAM need to immediately investigate the possible hundreds(maybe even thousands) of victims currently being subject to POCA. POCA, as mentioned can simply be used against 'suspects' without the need to conduct proper investigation, adduce necessary evidence and/or prove the guilt of the person beyond reasonable doubt in an open and fair trial. Remember a victim of POCA, and also POTA (and any other laws that allow for Detention Without Trial) allows for 'miscarriage of justice' and its victims are denied the ability to even challenge the REASONS for their detention/restriction Orders by law. Sanjeevan's case, was a 'blessing' for it received media attention and draw Malaysians attention to these draconian laws. 

SUHAKAM now needs to seriously look at these laws - and recommend the immediate and unconditional release of all victims of these draconian laws, and also that such laws be forthwith repealed. Right to fair trial should be accorded to all - and no should subjected to deprivation of liberty save after a trial, and by reason of a sentence handed down by a court of law.   


PREVENTION OF CRIME ACT 1959(REVISED - 1983) & Comments ?

POCA (Prevention of Crimes Act) - Azmin Ali supports Selangor police plans?

Wrong to still use POCA when a person already charged in court?


Prevention of Crime Act (POCA)

KUALA LUMPUR (28 July 2016) - The Human Rights Commission of Malaysia (the Commission) notes the positive outcome of the habeas corpus application by Dato’ R. Sri Sanjeevan to challenge his detention under Section 4(1)(a) of the Prevention of Crime Act (POCA). In this case, the Commission commends the judiciary for playing its crucial role in ensuring that detention under POCA follows due process.

POCA provides for detention without trial and the denial of an individual’s right to legal representation, which violate a person’s human rights and contravene internationally recognised human rights standards. While the Commission acknowledges the need for effective laws to combat crime and bring perpetrators to justice, it believes that such laws must be accompanied by adequate and stringent safeguards against potential abuse, and should not deprive a person of his or her right to be presumed innocent until proven guilty and to be given a free and fair trial before a court of law.

The Commission therefore reiterates its call to the Government to review all laws that provide for detention without trial, including POCA, with a view to making them in line with human rights principles, enshrined in the Federal Constitution and the Universal Declaration of Human Rights. SUHAKAM is ready to provide constructive formulations to effectively deal with accountability and to ensure the welfare and dignity of the detained person.


Razali Ismail
The Human Rights Commission of Malaysia (SUHAKAM)

28 July 2016

Source: SUHAKAM Website

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