Success of new remand procedures depends on stakeholders - bipartisan group
A bipartisan parliamentary group has urged the Home Ministry and relevant stakeholders to take immediate steps to ensure that the new directives on remand proceedings are complied with.
In a statement today, the All-Party Parliament Group Malaysia (APPGM) commended the decision taken by Chief Justice Tengku Maimun Tuan Mat relating to the treatment of persons in remand.
“The success of the...
A bipartisan parliamentary group has urged the Home Ministry and relevant stakeholders to take immediate steps to ensure that the new directives on remand proceedings are complied with.
In a statement today, the All-Party Parliament Group Malaysia (APPGM) commended the decision taken by Chief Justice Tengku Maimun Tuan Mat relating to the treatment of persons in remand.
“The success of the implementation of this new directive will depend on the commitment of various stakeholders - most notably the Home Ministry - to enforce it.
“It is of utmost importance that law enforcement continues to respect the mandate of magistrates in ensuring that people in remand are safeguarded, and that law enforcement give their full cooperation in these matters.
“In this regard, we urge the Home Ministry and other relevant stakeholders, including civil society, to take immediate measures to ensure these new obligations are complied with,” said APPGM.
The group added that the new directives’ efficacy can only be felt if the judiciary is itself equipped to comply with these obligations.
The statement follows the chief justice’s announcement of a new directive in regard to remand applications, which requires magistrates to inquire into the treatment and wellbeing of persons under remand and to ensure that their basic rights are being safeguarded.
In the Sept 10 directive, the chief justice told magistrates to ensure that lawyers are present during remand proceedings if the person under investigation wished to receive legal representation.
These are among measures aimed at protecting the rights of suspects during remand hearings.
The new directive took effect from Sept 15, revoking the previous directions issued in 2003 and 2011.
In the same statement, APPGM deemed the new direction to be a step towards upholding the constitutional right of persons under remand to have access to legal representation.
“In fact, the Federal Constitution guarantees the rights of persons arrested to be informed of the grounds of their arrest as soon as possible.
“In this regard, persons under remand ought to also be given information as to the procedure they will be subjected to and their rights during detention.
“It is hoped that these safeguards will now promote and encourage transparency in the treatment of persons under remand, given that the authorities must now be fully accountable to magistrates,” said the bipartisan group.
Citing previous allegations received by Suhakam, the group highlighted shortcomings within the magistrate system, such as magistrates failing to exercise due diligence in inquiring into the mental and physical wellbeing of those in remand.
The group claims these issues were exacerbated by the insufficient number of magistrates available in dealing with an increasing number of remand cases.
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