PETALING JAYA: A rights group has called on Putrajaya to consider setting up a fund for the poor to use as court bail as a way to overcome the problem of overcrowded prisons.
Malaysians Against Death Penalty and Torture (Madpet) said with the money available, detainees would not have to remain in prison while waiting for the outcome of their court cases.
Madpet spokesman Charles Hector said Malaysia could emulate Thailand, which provides legal assistance to those in the low-income bracket so they could have proper defence in court and be released on bail while awaiting trial.
“About 40% of detainees, who have not been tried or convicted, are in Malaysia’s overcrowded prisons of about 76,336 inmates. This is a travesty of justice.
“Prison overcrowding would be resolved if the majority of these pre-trial or remand detainees are released on bail pending the end of their trial,” he said in a statement today.
Hector said many detainees could not afford bail as they had no acquaintances or family members who were rich enough or willing to post bail, which could sometimes amount to thousands of ringgit.
“It must be acknowledged that many innocent people, especially the poor, plead guilty so they can serve their sentence and move on with their lives.
“As trials are delayed, many innocent remand detainees end up pleading guilty. They choose to abandon their quest for justice that they had hoped to get from a fair trial,” he said.
He also called for more judges and courts so the number of remand detainees could be reduced to less than 5% of the total prison inmate population.
Hector also pointed out that although the National Legal Aid Foundation scheme provided financial payments for lawyers to provide assistance on criminal matters, foreigners were generally excluded.
“Many detainees are foreigners, and we urge the government to provide legal aid lawyers for all as this will also help expedite and ensure a fair trial,” he said. - FMT
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