The recommendations from its working group on arbitrary detention, conducted from June 7 to 17 last year, suggested the government abolish all four preventive laws, improve its detention centres for immigrants, remove the Ikatan Relawan Rakyat Malaysia (Rela) volunteer force from guarding the detention centres, and give more power to Suhakam, the Human Rights Commission.
“With regard to the criminal justice system, the working group observes the relatively long periods accused persons spend in pre-trial detention, sometimes for several years,” said the council.
“The law imposes excessive restrictions on appeals and the habeas corpus resource is rarely used, and solely for procedural issues.”
The report said that the human rights in Malaysia are hindered by preventive laws, mainly the ISA, but also the Emergency (Public Order and Prevention of Crime) Ordinance, the Dangerous Drugs (Special Preventive Measures) Act and the Restricted Residence Act.
“The working group recommends that the government abrogate all these laws as soon as possible.” it said, while calling for the ISA to be subject to judicial review in the interim.
The report also said that detention under immigration powers “does not seem to be in line” with international human rights law, adding that it had “received complaints of detainee abuse, inadequate food, water, medical care and poor sanitation in most immigration detention centres.”
The panel further highlighted reports of abuse at the detention centres and expressed concern over the deployment of Rela to both guard detainees. It also questioned the advisability of using such a force in an immigration enforcement role.
“Rela, as a volunteer force, should not be used for law enforcement nor for guarding immigration detention centres,” it said.
The report also recommended that the government strengthen the status, powers and functions of Suhakam in accordance with the Paris Principles.
The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights held in Paris, in 1991.
They were adopted by the UNHRC and relates to the status and functioning of national institutions for the protection and promotion of human rights.
A number of other recommendations include guaranteeing access to legal counsel and communication from detainees with their relatives, develop a parole system, provide for a legal aid system for immigration detainees, and to have minor offenders to do community work, and not be imprisoned.
It was also suggested that the government facilitate the access of Suhakam and non-governmental organisations to immigration detention facilities, police lock-ups and prisons to monitor conditions and provide additional services in partnership with the government.
The group, however, lauded the government’s progress in the addressing such concerns, pointing the reduction in the recourse to the ISA and the release of five leaders of the Hindu Rights Action Force (Hindraf), who were detained in 2007 for organising protests against the alleged marginalisation of ethnic Indians.
The working group also noted that most Malaysian prisons met international standards on conditions.
mi1: What is Mahathir's comment?
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