BID TO REINTRODUCE DETENTION WITHOUT TRIAL: The government wants to reintroduce detention without trial under the Prevention of Crime Act 1959 by inserting new sections that will allow for a two-year detention period which may be further extended if "deemed necessary".
If the Prevention of Crime (Amendment and Extension) Bill (PCA) is passed, it will allow for the establishment of a Prevention of Crime Board by the Yang di-Pertuan Agong and to be headed by a judge from the High Court, Court of Appeal or Federal Court.
Home Minister Datuk Seri Ahmad Zahid Hamidi tabled the bill at the Dewan Rakyat today. It will empower the board under Section 19A to impose detention orders for a period not exceeding two years. This may be renewed for further periods not exceeding two years at a time, if necessary, in the interest of public order, public security or prevention of crime.
Other new sections that have been inserted in the bill include Section 7A, which bars a judicial review for any of the board's actions or decisions, except on compliance with any procedural requirement in the Act.
The possible amendments come in the wake of the repealing of the Emergency Ordinance (EO) and the Internal Security Act (ISA) which were labelled draconian laws for allowing such detention.
The bill also seeks to amend Section 7 of the Act to allow the use of electronic monitoring devices on persons remanded in custody who are released pending inquiry.
The provisions under Section 7A allows the sessions court judge to order the person to be attached with an electronic monitoring device for a period the judge may determine, but this shall not exceed 38 days.
The bill also removes Section 5 of the existing Act which states that the person remanded should be produced in court to decide whether or not the remand period is extended.
Meanwhile, the government is proposing that bail be denied to members of organised criminal groups charged with serious offences.
Minister in the Prime Minister's Department, Nancy Shukri, tabled the Criminal Procedure Code (Amendment) Bill 2013, under which those charged with non-serious offences will only be granted bail upon the issuance of a certificate by the public prosecutor.
Other amendments include allowing evidence or reports given by an expert on activities, structure, rituals, ceremonies, hand signs, insignias, characteristics or any other matters relating to an organised criminal group to be deemed as conclusive proof that the accused is a member of an organised criminal group.
Ahmad Zahid, speaking to reporters later, denied that the amendments to the Prevention of Crime Act represented the return of the ISA.
He said the detention without trial is not draconian but "transformational".
He said the ministry will be holding a forum engaging the Bar Council on Sept 28 to discuss the amendments.
Meanwhile, Bar Council president Christopher Leong was unaware of the government's move to reintroduce detention without trial, adding that he needed to read the bill first before commenting.
Suara Rakyat Malaysia (Suaram) exective director Nalini Elumalai criticised the amendments saying that they represented a return to the days of detention without trial under the ISA and EO.
Constitutional expert Syahredzan Johan said the amendments were worse than the ISA and EO as they did not allow detainees legal representation.
Malaysian Centre for Constitutionalism and Human Rights coordinator Edmund Bon said it was unconstitutional to allow for detention without trial.
The Sundail
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.