PROHAM is alarmed by the disclosure made by the Prison Departments that 2787 people are being detained without trial.
The Prevention of Crime Act 1959 (POCA), Prevention of Terrorism Act 2015, Dangerous Drugs Act 1952 and Security Offences (Special Measures) Act 2012 which permits detention without trial are clearly in violation of Article 9, 10 and 11 of the Universal Declaration of Human Rights:-
Article 9 provides that no one shall be subjected to arbitrary arrest detention or exile.
Article 10 provides that everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charges against him.
Article 11(1) provides that everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
As a member of the United Nations and having ratified several human rights conventions, Malaysia has affirmed the acceptance of the Universal Declaration of Human Rights and consequently must respect these rights.
There are sufficient provisions in the Penal Code to deal with those suspected of terrorism or criminal activities. Additionally, to deny these detainees a fair trial is a direct violation of their fundamental human rights as guaranteed under the Federal Constitution.
PROHAM urges the government of Malaysia to either charge these detainees or in the absence of sufficient evidence warranting a charge, act on their immediate and unconditional release.
Datuk Kuthubul Zaman, Chairman & Ivy Josiah, Secretary General
Society for the Promotion of Human Rights
Persatuan Promosi Hak Asasi Manusia (PROHAM)
31 Dec 2017