Monday July 11, 2016
06:04 PM GMT+8
06:04 PM GMT+8
A
human rights group has expressed concern over the use of the Prevention
of Crime Act 1959 to arrest anti-crime activist Datuk R. Sri Sanjeevan
(pictured). — File pic KUALA LUMPUR, July 11 — The use of
the Prevention of Crime Act 1959 (POCA) to arrest anti-crime activist
Datuk R. Sri Sanjeevan might kick off the use of the “draconian law”
against civil society, a human rights group warned today.
The Malaysians Against Death Penalty and Torture (MADPET) noted that
Sanjeevan could be seen as a human rights defender as the NGO he heads,
the Malaysian Crime Watch Task Force, could be said to be a civil
society organisation.
“MyWatch can be said to be a civil society organisations (CSO), and Sanjeevan may be seen as Human Rights Defender.
“As such, the arrest and detention is of concern, as this may be the
advent of the usage of POCA against other civil society organisations
and human rights defenders, MADPET coordinator Charles Hector said in a
statement today.
A magistrate’s court here granted police today a 21-day remand of
Sanjeevan under POCA that will expire on July 31, after he was first
arrested on June 22 for alleged criminal intimidation and extortion.
Hector said there may be a narrow interpretation of a clause in the Act
that states no one shall be arrested solely for their “political belief
or political activity”.
“But the worry is that this may be given a narrow interpretation to
just mean political parties and politicians — but will not include civil
society organisations (CSOs), non-governmental organisations (NGOs),
trade unions, community organisations, people movements and human rights
defenders,” Hector said.
He also said Sanjeevan’s arrest under POCA breached Article 11(1) of
the Universal Declaration of Human Rights (UDHR) that states that a
person is presumed to be innocent till proven guilty, pointing out that
the law allowed for detention without trial.
“This law allows for the avoidance of the right to be heard and/or the
right to a fair trial. A suspect can simply be subjected to Detention
Without Trial (DWT) and Police Supervision (or Restriction) Orders
without first being proved guilty in court.
“The principle of presumption of innocence until proven guilty is
ignored. It is also a violation of Article 11(1) Universal Declaration
of Human Rights (UDHR) that states that, ‘Everyone charged with a penal
offence has the right to be presumed innocent until proved guilty
according to law in a public trial at which he has had all the
guarantees necessary for his defence’,” Hector explained.
For full statement:-
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