Section 23 of the Criminal Procedure Code (CPC) which gives the police sweeping powers to arrest on mere 'suspicion' without a warrant should be amended, said a human rights group in its report.

The Police Watch and Human Rights Committee (PWHRC) said while provisions for procuring warrants of arrest existed, the procedure was largely ignored.

The committee had recently released its 106-page report, titled 'Malaysian Police Report Card 2005'.

"In 99 percent of the cases, the police find the easy way out and abuse their powers by purportedly using Section 23 to arrest a suspect. This is the most abused legal provision in the country," stated the report.

While international standards required investigations to take place prior to arrests, the report contended that in Malaysia, the procedure was reversed.

Also listed were statistics from the United Kingdom, where more than 90 percent of suspects were released within 24 hours.

When contacted, PWHRC legal advisor P Uthayakumar said this showed the police could do their investigations first before calling in suspects to record their statements.

"However, in Malaysia, the police bring in suspects in order to be investigated," he added.

Serial remand orders

Apart from Section 23, the report cited Section 117 of the CPC - which empowers a magistrate to issue a maximum 14-day remand order - as the 'second most abused' legal provision in Malaysia.

Upon expiry of the order, the police could apply for extensions, indefinitely. This, claimed the report, resulted in rampant 'serial remand orders' which denied detainees their civil liberties pending investigations.

The report recommended that Section 117 of the CPC be amended to encourage the police to conduct investigations before arrest.

The PWHRC also demanded that all remand proceedings be conducted in open courts, and not in the magistrate's chambers as normally practiced.

Separation of powers

In another matter, the report also called for the amendment of Section 377 (b) of the CPC to grant prosecution powers exclusively to the Public Prosecutor and not to any member of the police force.

"There should be separation of powers and the police force should stick to investigations and not be involved in prosecution and/or to coax suspects into pleading guilty and going to prison,

"This would also stop the police from effectively acting as judge, jury prosecutor and executioner," it read.

A copy of the report has since been submitted ( photo ) to Minister in the Prime Minister's Department Nazri Abdul Aziz, in his capacity as the de facto law minister.