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the immediate and unconditional release of all victims of these draconian laws, and also that such laws be forthwith repealed.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.
PRESS STATEMENT
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.
-END-
Razali Ismail
Chairman
The Human Rights Commission of Malaysia (SUHAKAM)
28 July 2016
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