Joint Media Statement (12 Groups) – 5/11/2025
Stop Depriving over 30,000 Suspects in Remand for investigation, and Remand Prisoners who have yet to be tried, convicted and sentenced their ability to exercise their RIGHT to vote in Malaysian Elections.
State must ensure that every qualified Elector has the ability to exercise the right to Vote to ensure FREE and FAIR Elections.
The Federal Constitution guarantees the basic right of every Malaysians 18 years and above the RIGHT to VOTE in State and Federal Elections, and the law explicitly denies this right ONLY to just those with a mental disability and those convicted criminals serving a prison sentence.
Article 119 Clause 3 of the Malaysian Federal Constitution states ‘A person is disqualified for being an elector in any election to the House of Representatives or the Legislative Assembly if— (a) on the qualifying date he is detained as a person of unsound mind or is serving a sentence of imprisonment; or (b) having before the qualifying date been convicted in any part of the Commonwealth of an offence and sentenced to death or imprisonment for a term exceeding twelve months, he remains liable on the qualifying date to suffer any punishment for that offence.’
Thus, it is clear, that suspects in remand detention by police and other law enforcement agencies, and remand prisoners in Malaysian prisons have right to Vote in State and Federal Elections.
Remand Prisoners are those yet to be tried, convicted and sentenced, and they are in detention because either they could not afford Bail because of poverty, or they have been denied Bail by law or the courts. There are presumed innocent until tried and convicted by a court of law.
27,877 Remand Prisoners, and maybe 10,000 or more remanded suspects
It must be noted that currently there are about 27,877 remand prisoners in Malaysian prisons(Star, 7/10/2025), and the number of suspects in remand for the purpose of investigation in police and other law enforcement detention facilities fluctuates, but it could be as high as 5,000 -10,000 or even more. Then, we have persons under Detention Without Trial laws who are being detained, and/or restricted from moving out from a particular area, and those in other kinds of Detention facilities.
If they in State detentions were given the ability to exercise the right to VOTE, it may have the effect of changing the outcome of elections, be it at the Constituency level, and may also affect who ultimately will be Prime Minister or Chief Minister or even the State/Federal government.
Note that these are not electors who choose not to VOTE but electors whose ability to vote is denied by State and state agencies.
If they VOTED, Election outcome can change
For example, In the last Sabah State Elections, N16 Karambunai State seat was won by majority of just 16, N23 Petagas by a majority of 261, and N50 Gum Gum by a majority of 269.
For example, in the Sabah Parliamentary elections, P173 Putatan was won by a majority of 124, and P170 Tuaran had a majority of just 233.
Thus, it is very possible that if these electors, now denied the ability to vote, did VOTE – it may have affect the final outcome of elections.
The Election Commission MUST ensure that every Malaysian with a right to vote has the ability to exercise that right in every election. Considering that these places of detention are known State facilities, one option is EARLY VOTING – which will also give time for the Election Commission to send the marked ballots back to reach the relevant Constituencies in time to be counted.
Extend EARLY Voting to State Facilities That Hold Remand Prisoners
At present, EARLY voting is already used for personnel in the armed forces, police, public servants and also EC officers who will be on duty on Election Day.
Thus, it is no big problem to also have EARLY VOTING in places of Detentions.
The Election Commission can also use other methods to ensure that all qualified Electors in State detention have the ability to exercise their right to VOTE in Malaysia’s elections, that usually happens once every 4 or 5 years.
Magistrates should facilitate the Ability to Exercise Voting Rights
Magistrates could also consider Elector’s right to vote, and thus should try no not grant remand order during election period so as not to prevent a suspect’s ability to go and vote on voting day. Criminals like Najib Razak, Zahid Hamidi, some politicians and others were never remanded for the purpose of investigations.
Alternatively, Magistrates can order the detaining authority to ensure that suspect is able to exercise his/her right to VOTE if remand orders are made – a most fundamental right of all Malaysians, 18 years and above.
No POSTAL VOTE for Malaysians in other States?
It was shocking that ‘The Election Commission (EC) has ruled out allowing Sabahans living in Peninsular Malaysia to cast their ballots by postal vote in the upcoming state election, EC chairman Datuk Seri Ramlan Harun said.’ (Malay Mail, 16/10/2025).
This is shocking if Malaysians have to travel far or even fly back to Sabah or Peninsular just to be able to VOTE. This affects all Malaysians, even those who will have to travel 100-300 kilometers just to vote.
It is also a serious failure to consider the current financial reality of Malaysians, making it very difficult for many Malaysians to expend monies, effort and time just to return to their relevant Constituency to vote on Election day – and this includes students, workers, business persons and others. For some, this means also having to drag their children out of school for the parents to have to travel to relevant Constituencies just to VOTE.
All Malaysians living, working or studying away from their Constituency should be accorded the RIGHT to POSTAL VOTING, or even EARLY VOTING in whichever State they are, so that Malaysia and the Election Commission not be seen as guilty of denying Malaysians the right to VOTE.
If Malaysians overseas have the right to vote by POSTAL VOTES – there is no justification why Malaysians working and living in other States or far from their Constituency cannot be accorded the right to vote by Postal Vote.
Paid Leave for Workers To Vote
Further, in Malaysia there is still NO Paid leave for Malaysians to travel back to their Constituencies to cast their vote. For some, they may have to take at least 3 days to be able to go back to vote and come back.
It is still NOT a Crime if employers prevent their employees the ability to return to their respective constituency in time to VOTE.
As such, we, the 12 undersigned groups, organizations and Trade Unions call on the Malaysian government, including the Malaysian Election Commission, to take all needed steps that ensure all qualified Malaysian voters, including those in detention in State facilities, are able to exercise their individual right to vote in all Malaysian State and Federal Elections.
Malaysia must not just simply recognize the right to Vote, but more importantly ensure that every qualified Elector has the ability to exercise that most important, fundamental and democratic right to vote both in State and Federal elections.
Charles Hector
On behalf of the 12 listed groups below
ALIRAN
MADPET (Malaysians Against Death Penalty and Torture)
COAC (Center for Orang Asli Concerns), Malaysia
National Union of Bank Employees (NUBE), Malaysia
National Union of Flight Attendants Malaysia (NUFAM)
North South Initiative (NSI), Malaysia
Parti Rakyat Malaysia (PRM)
Parti Sosialis Malaysia (PSM)
Social Protection Contributors Advisory Association Malaysia. (SPCAAM)
WH4C (Workers Hub for Change)
Haiti Action Committee (HAC)
PacificwinPacific, Australia
Nearly 28,000 prisoners currently on remand, awaiting resolution of court cases, says Azalina
KUALA LUMPUR: Some 27,877 prisoners are currently being remanded while awaiting the resolution of their court cases, says Datuk Seri Azalina Othman Said (pic).
The Minister in the Prime Minister’s Department (Law and Institutional Reforms) said the government, through the Chief Registrar of the Federal Court of Malaysia, has also issued a guide to judges and magistrates to manage and resolve cases efficiently.
“Based on information from the Office of the Chief Registrar of the Federal Court of Malaysia and the Prisons Department, the average waiting period for the resolution of criminal cases is between three to 24 months, subject to case developments,” she said in a written reply on Tuesday (Oct 7).
In the same reply, Azalina said the Chief Justice in 2011 had set a general 12-month timeline to conclude criminal cases in court.
The minister also cited a 2017 circular, which set a 12-month resolution timeframe for criminal and civil case resolutions in lower courts, beginning from the date the case is registered.
She further cited a 2019 circular on the timeline for the resolution of civil and criminal cases, applicable for courts in Sabah and Sarawak.
Here, criminal cases in the High Court must be resolved within six months, cases in the Sessions Court to be resolved within nine months, and cases in the Magistrates' Courts to be resolved between three to nine months from the date the case is registered.
She said the government is committed to ensuring the justice system is upheld without any delays or postponements unless there are unavoidable circumstances.
However, she noted that the resolution of criminal cases are influenced by multiple factors including the cases’ complexity, large number of witnesses or accused persons, and the availability of parties or witnesses for subsequent hearings.
“If courts were to strictly adhere to set timelines, there are concerns this could compromise fairness and affect judgments. Judges and magistrates will make every effort to conclude cases within a reasonable time frame,” she said.
She said trials of criminal cases will proceed without any delay to ensure a timely resolution.
“The government is also committed to upholding the principle that all persons are equal before the law and have the right to get equal protection in accordance with Article 8(1) of the Federal Constitution,” she said.
She was responding to a question by Datuk Seri Madius Tangau (PH-Tuaran) who asked about the number of prisoners currently being remanded whilst awaiting trial.
He had also asked about the average waiting period before going for trial, the targeted maximum waiting period and plans to reduce any delays. - Star, 7/10/2025
EC: No postal votes for peninsula-based Sabahans ahead of November polls
KOTA KINABALU, Oct 16 — The Election Commission (EC) has ruled out allowing Sabahans living in Peninsular Malaysia to cast their ballots by postal vote in the upcoming state election, EC chairman Datuk Seri Ramlan Harun said.
He added that no final decision has been made, meaning Sabahans will have to fly back to their home state if they wish to vote on November 29.
“For now, the decision has not yet been made. Sabahan voters who are outside the state will have to return here to vote,” Ramlan said when asked if postal voting would be extended to Sabahans living outside the state.
Asked about potential clashes with the Form Five Sijil Pelajaran Malaysia (SPM) exams, Ramlan said the EC had taken this into consideration and assured voters there would be no conflict.
“We’ve taken into account all our logistical facilities and there won’t be any issues with the voting process and the exam which starts on November 22. Moreover, the voting process will be held on Saturday, so it won’t clash with the SPM,” he said.
Several leaders and advocacy groups, including Bersih and Sabah civil society organisations, have urged the EC to allow postal voting for Sabahans based in the Peninsula. Some 200,000 Sabahans work in Peninsular Malaysia and would have to bear the cost of flying home to vote.
Meanwhile, when asked about the possibility of a by-election if a parliamentary seat is vacated before the government completes three full years, Ramlan remained non-committal.
He said it was up to the parliamentary speaker to declare a seat vacant, and the EC had the duty to call for an election within 60 days of the notice.
However, when asked whether a by-election would be held if a seat was vacated after three years of the Madani government, he said the EC would decide at that time.
The 17th Sabah state election is set for November 29, with nomination day on November 15 and early voting on November 25. - Malay Mail, 16/10/2025
Sabah GE14 Election Results - Star,
Yakub Khan (BN - UMNO) 26.5% (5,180)
Ahmad Jais Bin Otong (WARISAN) 26.4% (5,164)
Marajoh Bin Unding (LDP) 5.4% (1,053)
Dayangku Ayesha Humaira Binti Ak Othman Shah (PCS) 1.6% (315)
Nerudin Ludah (PGRS) 1.5% (285)
Ibrahim Bin Linggam (GRS - USNO) 0.5% (90)
Awang Ahmad Sah (WARISAN) 30.0% (4,125)
Arsit Bin Sedi @ Sidik (GRS - SABAH BERSATU) 28.1% (3,864)
Paul Nointien (IND) 4.2% (572)
Ahmad Farid Bin Sainuri (PCS) 2.6% (355)
Jecky Lettong @ Thaddeus Jack (LDP) 0.9% (118)
Mohamad Bin Kulat (PGRS) 0.2% (33)
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