Abolish Oppressive Laws
CSO ROL Cluster
2b Human Rights
Problem Statement / Issue:
Malaysia implements a series of laws that permit arbitrary detention and the abject denial of the right to fair trial. These laws include the Security Offences (Special Measures) Act 2012 (SOSMA),1 the Prevention of Crime Act 1959 (POCA),2 the Prevention of Terrorism Act 2015 (POTA), and the Dangerous Drugs (Special Preventive Measures) Act 1985. Some of these laws such as POCA, POTA and the Dangerous Drugs (Special Preventive Measures) Act 1985, greatly resemble the ISA, allowing police to order up to 60 days detention without trial, and government-appointed boards to order up to two years detention without trial.
Value(s) and Belief(s):
The subversion of the right to fair trial cannot be condoned and accepted in any country which practices the rule of law. The Criminal Procedure Code and the remand proceeding within it was designed with the intent to ensure judicial supervision over the discharge of police powers should be the baseline for any pre-trial detention and investigation. The power of remand and pre-trial detention can only be the power afforded to the judicial system and not the Royal Malaysian Police.
Proposal of Solution and Call to Action:
1) Repeal all Detention Without Trial Notions/Law
2) Enact Alternative Security Laws/Measurements
3) Compliance with International Human Rights Standards
Isu dan Polisi Semasa:
Nilai-nilai & Kepercayaan: