The Human Rights Commission of Malaysia (Suhakam) has recommended that all detainees be allowed to contact their families or friends immediately upon arrest to inform them of the detention and to make the necessary arrangements.

It also recommended that detainees be allowed to see their families while in custody as provided by the Lock-Up Rules 1953.

In the case of juveniles, Suhakam recommended that every effort be made to immediately contact their parents/guardians, and probation officers to be informed where the parents/guardians cannot be contacted.

"Visits from parents/guardians and the probation officer should also be allowed," read the recommendations in Suhakam's 'Rights of remand prisoners' report released today, which is based on a series of visits to prisons and police lock-ups this year.

It was compiled following complaints of alleged abuses and denial of the rights of persons detained by police.

Rules and constitution

In a statement, Suhakam secretary Kamaruddin Mohamed Baria said the report also highlighted various aspects of remand proceedings.

This includes a proposal to expedite remand orders so that they can be obtained over weekends and public holidays to avoid arrested persons from being detained beyond the 24-hour period before being produced in court.

Yesterday, Chief Justice Mohamed Dzaiddin Abdullah announced that all Magistrates' Courts will implement a 24-hour system beginning next year with magistrates put on-call duty during weekends and public holidays.

"This response to a proposal by Suhakam is a clear interpretation of the law in favour of the liberty of the individual rather than administrative expediency," said Kamaruddin.

He added that it was "an important step forward in the promotion and protection of human rights in Malaysia".

A notable recommendation is to review and update the Lock-Up Rules 1953 in compliance with the United Nations Standard Minimum Rules for the Treatment of Prisoners.

The report also urged magistrates to consider the nature and seriousness of the alleged offence, particularly those involving juveniles. It said the actual need, status and condition of the arrested persons should be made before issuing any order for remand.

The police should release arrested persons on police bail within 24 hours if a statement could be taken from them at any time, the report stated.

"Remand order should only be obtained if the police were unable to conduct investigations if the person was not in custody. Releasing suspects on police bail will also reduce overcrowding in lock-ups."

Inform suspects of their rights

Suhakam also recommended for the strict compliance of Article 5(3) of the Federal Constitution which provides for arrested persons to be informed of the grounds of their arrests.

"Arrested persons should be given information as to the procedure they will be subjected to and their rights in relation to the right to counsel, remand proceedings, interrogation while in custody, being charged in court and the right to bail," it said.

Police were urged to inform arrested persons, their family and/or counsel of the date, time and court where the remand application will be made and to allow for communication between arrested persons and the magistrate as well as the counsel.

Suhakam also recommended for more magistrates to be appointed to cope with the large number of cases in Kuala Lumpur.

The human rights watchdog urged the police to conduct investigations strictly by the Criminal Procedure Code and not on "matters not relating to the alleged offence for which they were arrested and remanded".

"Persons in remand must be informed of their right to remain silent. If they choose to make a statement, they must be read the recorded statement and be given an opportunity to amend it to reflect what they actually meant.

"They should then be asked to sign the statement. If it is recorded in a language which the detainee does not understand, the contents must be explained to him/her in a language that he/she understands."

To prevent overcrowding in city police lock-ups, the proposal to re-open Pudu Prison as a detention centre for drug-related cases should be expedited, it said.

It also suggested that toilet facilities be more private to avoid inhumane treatment in detention, proper bedding and clothing be given as required under the Lock-Up Rules 1953 and water tanks and pumps be purchased to alleviate water shortage problems.