1. Civil Society Perspectives and
Responses to
Prevention of Crime and Penal
Code Amendments in Malaysia
Prema Devaraj
Aliran
12 November 2013
2. Process of passing these
laws…
1. Done in secrecy
2. Lack of consultation
3. Bulldozing through
3. Process of passing these
laws…
1. Done in secrecy
2. Lack of consultation
3. Bulldozing through
What is/was the government’s intent?
4. Government’s
Justification
• To strengthen the government's initiative to
crack down on organised crime
• Amendments will result in heavier
punishments and provide clearer provisions
to tackle crime.
5. In addition to PCA
amendments,
Penal Code
(amendment) Bill 2013
Prison (amendment)
Criminal
Procedure Code
(amendment) Bill
2013
Bill 2013
Evidence
(amendment)
Bill 2013
Lotteries
(amendment) Bill
2013
Security
Offences Special
Measures
(amendment) Bill
2013
Emblems and Names
(Prevention of Improper
Use) (amendment) Bill 2013
Corrosive and
Explosive Substances
and Offensive
Weapons (amendment)
Bill 2013
Common
Gaming Houses
(amendment) Bill
2013
Pool Betting
(amendment)
Bill 2013
6. Crime in Malaysia
Pre Elections
• Government says crime is
down.
• Drop in crime recorded
from 2009-2011 following
the launch of Reducing
Crime National Key Result
Area (NKRA) – due to GTP
which allocated greater
resources to patrolling and
fighting street crimes.
• Public concern blamed on
sensationalisation by the
media.
Post Elections
• Crime has increased.
• Due to release of ex EO
detainees
7. Home Ministry
Crime
Statistics *
The overall crime rates in the country
have decreased from 153,669 cases
last year to only 111,020 cases till
September this year.
The statistics for crime on 2013 also
reflected a continued reduction in
overall crime rates since 2008.
* Written answer to YB Er Teck Hwa (DAP-Bakri)
Malaysiakini 29/10/13
8. In tackling crime, the
focus should be on
• Improving police professionalism/reform the
force.
• Proper training (better investigative skills)
• More support and resources into improving
efficiency and effectiveness (ie implementation
and enforcement)
• Support for victims.
• Rehabilitation for offenders.
9. But instead…amendments
which
• Allow for preventive detention for 2 yrs- renewed
indefinitely PCA 19A
• Detention order cannot be challenged in court PCA
S15
• Restricted access to legal counsel to only when
accused gives evidence PCA S9
• Board/Inquiry Officer need not disclose facts or
produce documents which he considers to be
against public interest/compromise protection of
witness etc. PCA 21A
10. …amendments tabled
cont’d
• Broad range of associations (harboring, consorting with, recruiting
persons, participating, accepting gratification) with organised criminal
group PC S130 – until the contrary is proven a person shall be presumed
to be a member of an organised criminal group
• Punishment for civil servants who disclose info (PC S203)
• Accused & counsel can no longer see, hear or cross examine directly
witnesses who make allegations against the accused (CPC, 265A, B ,C)
• Service providers compelled to cooperate in the act of interception– no
guidelines on interception/exempt police from answering questions re
interception (SOSMA S6(2))
• Those remanded under PCA will be detained up to 60 days in police
lockup/court house lock up (PA S7)
11. These amendments
effectively…
Introduce provisions in the legislation which are
anti human rights.
Allows the state to avoid its responsibilities in
upholding basic rights and standards of fair trial.
Allows huge scope for abuse of power and covering
up of police incompetency.
12. Government
Assurances
15 Sept 2011 PM announces the repeal of the Emergency
(Public Order and Prevention of Crime) Ordinance 1969, the
Banishment Act 1959 and the Internal Security Act 1960
“No individual will ever be detained simply due to political
ideology,”
The PM envisioned a Malaysia where “peace and public order
are safeguarded in line with the supremacy of the
Constitution, the rule of law and respect for basic human
rights and individual rights”.
13. Government assurances
I will never agree to preventive detention, I
am a strong advocate of the present laws
without preventive detention…
“I have full confidence
that enforcement officers can
do their jobs without having
to rely on such draconian laws"
He added that we should also adhere to the maxim that it is
better to let more guilty people go free than to send an
innocent man to jail.
AG Tan Sri Abdul Gani Patail July 16, 2013. Malaysian Insider
14. Government
Assurances
With the PCA, you can’t go wrong. You can’t use it
against politicians unless, of course, the politician
concerned is involved with the underworld or
other criminal activities… In my mind, there is no
way the PCA can be misused because it is very
specific and focused solely on criminals.
Home Minister Datuk Seri Dr Ahmad Zahid Hamidi
The Star 21/10/2013
15. Government
Assurances
“……..we are not fighting politicians.
We are fighting organised crime…
We are fighting people who know how to organise crime
sometimes better than the police….”
"It is also important for us to understand that human rights need to
be observed to ensure there's no arbitrary detention, no torture
and the conditions of detentions are proper according to the
human rights level," he said.
…..However, I believe detention is the last resort and I am
confident the police will not abuse that law," he said.
Star 28/9/13 Paul Low defends Prevention Crime Act
16. Government
Assurances
Re Section 203A Disclosure of Information
Law Minister admitted that
•
the provision was too general +
•
she would seek further revisions
through the AGC Malaysiakini 23/10/13
• “It is because we are the implementers. Only when we are the
implementers, we can see how serious the matter is……So I
urge the opposition and everybody to understand us and give it
a go first,” said the minister. FMT 22/10/13
17. Law Minister re PCA
amendments and public
concerns over the return of
detention without trial
"We will try our very best not to use that provisions
under the PCA. We will look into other means of
charging the individual under other existing laws.
"I hope that is going to happen as we are also very
concerned (about the possibility that) detention
without trial will be abused. We hope the authorities...
(will charge) the offender first," she said.
• Malaysiakini 7/11/13
20. A Government U Turn?
Home Minister said that the government is willing to make further
amendments to the controversial Prevention of Crime Act (PCA)
after engagement with critics.
According to The Star (17/10/13), Ahmad Zahid said the ministry
will engage the Bar Council and NGOs unhappy with the recent
amendments to the PCA passed in Parliament, following
instructions from the prime minister.
So, when/how is this engagement to take place?
Before or after the law has been gazetted?
22. 1987 Ops
Lallang
Activists from political
parties, parliamentarians,
civil rights leaders,
educationists, lecturers,
church workers, Islamic
preachers, engineers,
researchers, lawyers,
trade unionists, and NGO
- over 100 people –
a threat to national security
Lim Kit Siang, Karpal Singh, P Patto,
Lim Guan Eng, V David, Lau Dak Kee,
Chian Heng Kai, Chan Kok Kit and
Tan Seng Giaw; Mohd Sabu, Khalid
Samad, Suhaimi Said, Mahfuz Omar
and others …
24. 2011- EO6
• PSM activists first detained
(with 24 others) under
allegations of weapons on a
bus
• Remanded for 7 days under
Section 122 of the Penal Code
(collecting arms with the
intention of waging war
against the Agong)
• 6 re-arrested under the EO- as
prime movers of BERSIH
30. • Ex detainees/Opposition MPs have spoken out against these
amendments
• YB Karpal Singh petitioned the
Agong not to endorse the PCA
(Oct 18 2013)
• On Line Media and comments, bloggers
• Public Talks being organised about amendments
• Signature campaign/petition has started
• Teater Bukan Teater – Bilik Sulit
• Coalition of Malaysia NGOs (COMANGO) at Universal Periodic
Review
31. While the concern over crime and
public safety is real,
Where are the checks and balances
needed in the current amendments
which can limit or stop abuses of
power?
32. What can civil society do?
Post election fatigue?
NGO burn out?
So many battles on different fronts
(TPPA, GST, deaths in police custody, police shootings, corruption,
politicisation of race and religion, EC, migrant workers, min wages, env, etc
etc)?
Basically fighting the same old regime
33. In a nut shell…
Engage with government where
possible.
Raise awareness of the public/MPs.
Advocate principles of good
governance/human rights in
Government.
34. We have to help it bend towards justice
Be vigilant and persevere
