MADPET is for the Abolition of Death Penalty, an end of torture and abuse of rights by the police, an end to death in custody, an end to police shoot to kill incidents, for greater safeguards to ensure a fair trial, for a right to one phone call and immediate access to a lawyer upon arrest, for the repeal of all laws that allow for detention without trial and an immediate release of all those who are under such draconian laws.
Investigate
Yusoff Rawther’s claim of being a Victim of Entrapment, and how do Malaysia
compensate him for 9 months of pre-conviction detention only to be finally
found NOT GUILTY?
Repeal all
provisions in law that deny Bail – Restore to judges the jurisdiction to decide
on Bail
An injustice for Yusoff Rawther,
who has been held in remand for nine months because the law
denies bail, walked outa free man not
found guilty today after the High Court acquitted him of drug trafficking and
the possession of two imitation pistols. The drug charge under Section
39B(1)(a) of the Dangerous Drugs Act 1952(DDA] is punishable under Section
39B(2) of the same Act, which carries the death penalty, or alternatively the life
sentence with whipping of not less than 12 lashes.
Section 41B(1) of the DDA now
states that ‘Bail shall not be granted to an accused person charged with
an offence under this Act – (a) where the offence is punishable with death;
or….’.
Hence, persons accused of drug
trafficking in Malaysia are denied Bail by law – and this means, the
jurisdiction of the judges to hear bail applications, and even allow bail in
appropriate cases are ousted by Parliament through law.
A person should be presumed
innocent until the trial court finds him/her guilty. As such, no one should be
subject to pre-conviction ‘punishment’. Criminal Najib Razak, walked around a
free man, until the Federal Court affirmed his conviction and sentence, and
only then was he sent to prison. Thus, the inconsistency, when some laws for
some offence deny an accused the right to apply for bail, and let the court
decide to grant bail or not.
Yusoff Rawther is not the only
case of an innocent persons having to
languish in detention, simply because they were accused for drug trafficking.
MADPET (Malaysians Against Death
Penalty and Torture) reiterates some of the cases that were recently reported
in 2025, that exemplifies the many who had to suffer months, sometimes even 4-5
years in detention, only to be found not guilty by court, and acquitted.
In 2025, it
has been reported that many who were accused of drug trafficking have been
found not guilty and acquitted. ‘…The trio, previously livestock breeders, had
been charged with trafficking 6.2kg of methamphetamine and possessing 58.68
litres of liquid containing methamphetamine in 2019…
the trial, which began in 2023.’(NST,
6/3/2025). This meant that they suffered unjustly about 6 years
of pre-conviction detention.
‘…two men
who escaped the gallows after the Johor Baru High Court acquitted and
discharged them of a drug trafficking charge… accused of committing the offence
using a boat near a homestay at Telok Sengat, Kota Tinggi on May 22, 2020… "I hereby acquit and discharge both
accused," Kan[High Court Judge Kan Weng Hin]said at the High Court here on Friday (March
14)…’ (The
Star, 14/3/2025). Here they suffered almost 5 years unjustly
detention.
A security
guard and his girlfriend was today acquitted by the High Court of three drug
trafficking and possession charges four years ago. They had allegedly committed
the offences at 10.30pm at an apartment in Petaling Jaya on March 22,2021. (NST,
12/2/2025). Here, it was almost 4 years.
Comparatively, Yusoff Rawther was
lucky as he only had to suffer pre-conviction detention of about 9 months.
MADPET(Malaysians Against
Death Penalty and Torture) calls for the repeal of provisions in law that deny
Bail, and thus oust the jurisdiction of the Courts on matters of bail be
forthwith repealed – so the power of hearing/determining matters concerning Bail
be returned to the Judiciary, for only judges in any particular case have the
ability to consider all relevant circumstances and make a just decision on the
issue of Bail. Parliament, should never OUST this jurisdiction of the
judiciary, by inclusion of bad provisions in law.
Will the Prime Minister, the
Parliamentarians or the government now compensate Yusoff Rawther and the many
others who had to suffer pre-conviction detentions (and the related sufferings)
now that the court have determined that they are NOT GUILTY?
These arrest and detention of
presumed innocent persons can affect their employment, their income generating
activities, the loss of home, their families (including children) and other dependents.
No amount of payment of monetary compensation can compensate this miscarriage
of justice they suffered but at least some compensation would have been good.
There is also the consequences of defamation of self and family members, which
they are made to suffer until the Court finds them Not Guilty.
MADPET urges Malaysia to enact
a law that provides for such victims of the administration of justice – for
those arrested and detained but ultimately not even charged, or those found not
guilty by Courts.
Victim
Of Entrapment
Judge Datuk Muhammad Jamil Hussin
in passing the judgment also said, that the two investigating officers
failed to investigate Yusoff’s claim, made to the recording officer
during detention, that he was a victim of entrapment by a certain
individual. “The police officers had ample time to verify his statement but did
not do so,” he said, adding that this had prejudiced the accused. (FMT,
12/6/2025)
The fact that the police did not
investigate is unacceptable, more so when it a crime that carries the death
penalty. The police need to be professional and do a thorough investigation,
for if they did, they would have realized that an accused is not guilty, and
Yusoff Rawther or other ‘innocent’ accused would not suffer pre-conviction
detention for months/years only to be found not guilty in court.
In the case of Yusoff Rawther, as
he sued our Prime Minister for sexual harassment/abuse, it becomes even more
important to identify who ordered or put the drugs in his car. Many ‘suspect’
that the sitting Prime Minister may be involved, and thus a thorough
investigation would identify the real perpetrators, and clear any our doubts
about Anwar Ibrahim’s involvement.
It is so easy to get someone in
trouble for a drug trafficking offence, as police/prosecutors many a time
believe too fast that the fact that drugs was found in the accused car or home
means that he/she is guilty. Other possibilities like entrapment by third
parties must be also considered – more so in cases, where a police report or an
assertion alleging entrapment was made.
MADPET calls for the repeal of
all provisions in law that deny Bail – the jurisdiction of courts/judges with
regard Bail must be restored;
MADPET also calls for an
enactment of a Criminal Compensation Act, that will provide some compensations,
amongst others, to persons arrested/remanded and then not charged, and for
those who suffered pre-conviction detention to be found Not Guilty by Courts.
MADPET also call for the
criminalization of failure by law enforcement to investigate seriously when
police reports/complaints are made – for
this failure also reduces public trust and confidence in law enforcement.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death
Penalty and Torture)
See also MADPET’s earlier statement
‘Languishing In Detention For Years Without Right To Bail And Ultimately Being
Found Not Guilty And Acquitted Of Drug Trafficking Charges Is Gross Injustice -
Laws that deny bail must be repealed, and Judges discretion to allow or
disallow Bail Must Be Restored’ dated 8/6/2025
Languishing In Detention For Years Without
Right To Bail And Ultimately Being Found Not Guilty And Acquitted Of Drug Trafficking
Charges Is Gross Injustice
Laws that deny bail must be repealed,
and Judges discretion to allow or disallow Bail Must Be Restored
Yusoff Rawther’s case HIGHLIGHTS the
draconian provision in Dangerous Drugs Act 1952[DDA], where the accused was
denied bail by law. Yusoff Rawther was arrested on 6/9/2024 after police said
they found two pistols and 305g of cannabis in his car parked outside the Dang
Wangi police headquarters in Kuala Lumpur, according to the charge sheet. He
was charged a week later under Section 39B of the Dangerous Drugs Act 1952, and
he is in detention for already for about 9 months, and will continue to be in
detention until trial is over, because the law says there is no bail.
Section 41B(1) of the DDA now
states that ‘Bail shall not be granted to an accused person charged with
an offence under this Act – (a) where the offence is punishable with death;
or….’. The 39B Drug Trafficking offence carries the sentence of death
OR life imprisonment, and as such BAIL, by law, cannot be granted.
It must be noted that in
Malaysia, even for those charged with more serious offences like murder have
been in some cases allowed bail. But, for drug trafficking, the law says ‘‘bail
shall not be granted to an accused person...’ Parliament decided, not judges,
that they will not be released on bail.
Judges must be trusted to
consider all relevant factors in particular cases in making a decision to grant
bail or not. Parliament should not enact laws that oust the jurisdiction of
judges to decide on bail.
Hence, Parliament has wrongly encroached
into the powers of judges, who ought to be the only person/s who decide on whether
an accused person is granted bail or not. This is also consistent with the legal
presumption of innocence until proven guilty in a fair trial. The presumption
of innocence is a key component of fair trial rights, as outlined in Article 11
of the Universal Declaration of Human Rights.
GROSS MISCARRIAGE OF JUSTICE
occurs when those accused of drug trafficking who have to unjustly languish in
prison as pre-conviction prisoners is ultimately found not guilty by court, and
acquitted. They end up wasting years of their life, sometimes even more
than 4 years in pre-conviction detention before being acquitted, and in
Malaysia, there is still no compensation law for such unjust pre-conviction
incarceration of those finally found not guilty by Court.
In 2025, it has been reported
that many who were accused of drug trafficking have been found not guilty and
acquitted. ‘…The trio, previously livestock breeders, had been charged with
trafficking 6.2kg of methamphetamine and possessing 58.68 litres of liquid
containing methamphetamine in 2019… the trial, which began in 2023.’(NST,
6/3/2025). This meant that they suffered unjustly about 6 years of
pre-conviction detention.
‘…two men who escaped the gallows
after the Johor Baru High Court acquitted and discharged them of a drug
trafficking charge… accused of committing the offence using a boat near a
homestay at Telok Sengat, Kota Tinggi on May 22, 2020…
"I hereby acquit and discharge both accused," Kan[High Court Judge Kan
Weng Hin] said at the High Court here on
Friday (March 14)…’ (The
Star, 14/3/2025). Here they suffered almost 5 years unjustly detention.
A security guard and his
girlfriend was today acquitted by the High Court of three drug trafficking and
possession charges four years ago. They had allegedly committed the offences at
10.30pm at an apartment in Petaling Jaya on March 22,2021. (NST,
12/2/2025). Here, it was almost 4 years.
A man was acquitted and
discharged by the Court of Appeal of a charge of trafficking in 151.60gm of
methamphetamine… On May 10 last year, the Shah Alam High Court sentenced Wan
Efizan, 37, to 30 years in prison and 12 strokes of the cane after finding him
guilty of trafficking in methamphetamine… The offences were allegedly committed
at a house in Taman Sri Bayu, Sungai Pelek, Sepang, Selangor, about 10.30am on
May 2, 2020.(FMT,
21/5/2025)
MADPET(Malaysians Against
Death Penalty and Torture) is appalled that generally, the trials of those who
are languishing in prison is not expedited. In one of the abovementioned
case, it was shown that despite being arrested and charged in 2019, the trial
only began in 2023. MADPET calls for the trial of all those in
pre-conviction detention be expedited, and should be finished fast, preferably
in not more than 3 – 6 months, as it is a gross injustice for those presumed innocent
to be denied a speedy trial which will determine guilt or innocence. We do not
want any innocent person to suffer any prolonged pre-trial pre-conviction
punishment.
In mid-2024, remand prisoners
or pre-trial/conviction prisoners made up 33.6% of the total prison population,
according to the World Prison Brief. This figure highlights the
considerable number of people in Malaysian prisons who are awaiting trial,
which is about 30,000 or more. Imprisonment should be just for those who
are guilty of crimes, and have been sentenced by court – certainly not for
those who have yet to be tried and convicted.
Some are because they cannot
afford to post BAIL, and this is because of poverty. Some are there because
their application for Bail was denied by judges/courts, but at least
they had the right to apply for Bail, and the courts have considered the
application and rejected it. Some, again the poor, may have never even
applied because they ‘believed’ that even if they get Bail, they would not be
able to raise the Bail amount.
The
most unacceptable and unjust is when Parliament passes laws that deny the accused
persons the right to bail, and oust the jurisdiction of the Courts to consider
and determine bail applicationfor
certain offences. Such laws like section 41B DDA must be repealed, and the
right to bail and court’s jurisdiction to determine bail must be restored.
Whether bail is granted depends on
the particular accused and the circumstances of the case, and only the
judge/court will be able to consider all relevant factors in coming to just
decision on bail applications in any particular case. In granting bail, the
courts can also impose various conditions including the prevention of travel
overseas, regular reporting at the nearest police station, and even possibly
the use of electronic monitoring devices, etc – thus making bail just.
In the case of Yusoff Rawther,
doubts arise whether this drug trafficking charge could be some sort of ‘retaliation’
by reason of his pending civil suit against Prime Minister Anwar Ibrahim for
sexual harassment. Are there even any actual evidence to reasonably say that he
committed the crime – noting that finding of drugs even in his car may no
longer be sufficient as any third party could have placed drugs in your
place/car and reported it to put you in trouble.
In a recent court decision that
led to an acquittal, "The discovery of drugs at the premises is not
sufficient to link the first accused to control or possession of the illegal
substances. There is also no evidence proving who placed the drugs there or
when," . (NST,
6/3/2025).
A pre-conviction detention by
reason of denial of bail can result on loss of employment or income generating
activities, and will also impact the family, children and dependents – it does
not just cause injustice to the accused, but many others – worse when they are ultimately
found not guilty and acquitted by court.
MADPET calls for draconian
provisions in the Dangerous Drugs Act 1952, and other laws including SOSMA (Security
Offences (Special Measures) Act) be repealed, and the right to apply for Bail be
restored for all. Judges/Courts right to hear and determine bail application be
restored.
Pre-conviction detentions without
right to apply or afford bail, followed by delayed trial has possibly resulted
in many a innocent persons pleading guilty to crimes they did not commit simply
to have certainty that they will be free to continue on with life after serving
whatever sentence. This creates an injustice that Malaysia needs to eradicate.
The trials of any accused of
persons in detention because they did not get bail or could not afford bail
must be prioritized and expedited to end as fast as possible within a few
months. This is possible because in law, prosecution will only charge
anyone when they believe they already have sufficient evidence to convince the
court that the accused is guilty beyond reasonable doubt – hence no reason to
delay trials. No one wants anyone to suffer pre-trial pre-conviction punishment.
If the prosecution and/or courts
need more time to start and end trials, all such accused persons ought to be
DISCHARGED not amounting to acquittal (DNAA), for they call always be
re-charged later when prosecution is ready to start and speedily end trials.
This was done in the case of Deputy Prime Minister Zahid Hamidi, and it is a
viable solution reduce numbers of pre-trial detainees in Malaysian prisons.
Only persons who have proven
guilty, convicted and sentenced should suffer imprisonment or punishment. This
was also the sentiment expressed by Prime Minister Anwar Ibrahim in his speech
during the 25th SUHAKAM anniversary when he said “…Before a sentence is passed,
suspects should not be punished beforehand,” (BERNAMA, 9/9/2024).
As such, Malaysia must strive to end
pre-trial pre-conviction detention, and one of first things that must be to
restore the right to apply for BAIL for all CRIMES, which the judges will
consider and decide based on each case taking into consideration all relevant
factors, appreciating that accused persons ought to be presumed innocent until
the court hears and finds them guilty as charged.
Charles Hector
For and on behalf of
MADPET(Malaysians Against Death Penalty and Torture)
High Court acquits three men of drug trafficking charges
By Izz Laily Hussein -
March 6, 2025 @ 12:32pm
Justice
Datuk Abu Bakar Katar found that the prosecution’s case was
insufficient to prove that S. Purusothaman, 42, K. Puvanisveran, 58, and
R. Viknesh, 39, had control or custody of the drugs found at the crime
scene in Mersing in 2019.- NSTP/IZZ LAILY HUSSEIN
JOHOR
BARU: The High Court today acquitted and discharged three men of drug
trafficking and possession charges after ruling that the prosecution
failed to establish a prima facie case against them.
Justice Datuk Abu Bakar Katar found that the prosecution's case was
insufficient to prove that S. Purusothaman, 42, K. Puvanisveran, 58, and
R. Viknesh, 39, had control or custody of the drugs found at the crime
scene in Mersing in 2019.
In his judgment, the court noted that the red building and plantation
where the drugs were discovered were accessible to others, and
prosecution witnesses confirmed this.
"The discovery of drugs at the premises is not sufficient to link the
first accused to control or possession of the illegal substances. There
is also no evidence proving who placed the drugs there or when," he
said.
The judge also said that the presence of a key alone was inadequate to implicate the second accused.
"The prosecution has failed to prove that all three accused had
control or possession of the drugs, which is central to both charges,"
he added.
As a result, the court ordered all three accused to be released without their defence being called.
The trio, previously livestock breeders, had been charged with
trafficking 6.2kg of methamphetamine and possessing 58.68 litres of
liquid containing methamphetamine in 2019.
They were charged under Section 39B(1)(A) of the Dangerous Drugs Act
(DDA) 1952, which carries the mandatory death penalty or life
imprisonment with at least 12 strokes of the cane if convicted.
Seven prosecution witnesses testified during the trial, which began in 2023. - NST, 6/3/2025
Two acquitted of drug trafficking charge
By VENESA DEVI
JOHOR BARU: It is a special Ramadan for two men who
escaped the gallows after the Johor Baru High Court acquitted and
discharged them of a drug trafficking charge.
Muhammad Aufa
Bonadi, 28, and Abbas Ahmad, 35, walked out of the court after judge Kan
Weng Hin ruled that the prosecution had failed to prove a prima facie
case against them.
The duo were charged under Section 39B(1)(a) of
the Dangerous Drugs Act 1952 for allegedly distributing about 32kg of
methamphetamine.
They were accused of committing the offence using a boat near a homestay at Telok Sengat, Kota Tinggi on May 22, 2020.
In his remarks, Kan said there was no nexus between the boat and the two accused.
He said the homestay was rented to an Indonesian in March while the two accused rented it in May.
"The boat had been left in an open space since around March 18, just before the Covid-19 movement control order was imposed.
“Anyone could have had access to the boat as it had been left
there for two months,” he said, adding there was also no evidence that
the two accused were in the area.
Kan also cited several other
grounds for his judgment, including the prosecution's failure to
identify and retrieve information from three confiscated phones.
"Based
on the maximum evaluation of the evidence and testimonies that I have
heard, I find that the prosecution has failed to establish a prima facie
case against the two accused.
"I hereby acquit and discharge both accused," Kan said at the High Court here on Friday (March 14).
Muhammad
Aufa was represented by lawyer Fairuz Elias Majid while Abbas was
represented by Datin Freda Sabapathy and K. Sarawana Kumar.
Deputy Public Prosecutor Umar Faiz Kohar prosecuted the case. Star, 14/3/2025
A security guard and his girlfriend was today acquitted by the High
Court of three drug trafficking and possession charges four years ago. -
File pic
SHAH
ALAM: A security guard and his girlfriend was today acquitted by the
High Court of three drug trafficking and possession charges four years
ago.
Judge Datuk Norsharidah Awang, in her judgment, said the prosecution
had failed to prove a prime facie case against B.Pirabagaran,25, and
Azmeliza Amilhamja,30, at the end of prosecution's case.
"The prosecution failed to prove the control, care and knowledge of both accused on the said drugs.
"This is because the drugs were found in a sling bag on the floor at
the place of the incident. They were arrested elsewhere and then brought
to the location.
"The apartment (said to be their house) had card access but it could
not be proven how many there were and who had entered and exited.
"With this, both accused are discharged and acquitted," she said.
The couple were jointly charged with trafficking 81.01 grammes of
methamphetamine, an offence under Section 39(1)(a) of the Dangerous
Drugs Act punishable under Section 39B(2) , read with Section 34 of the
Penal Code.
It carries the death penalty or life imprisonment and up to 15 lashes if not sentenced to death upon conviction.
They were also charged with possessing 4.29 grammes of heroine and
0.47 grammes of monoacetylmorphine, an offence under Section 12 (2) of
the Act punishable under Section 39A(1), read with Section 34 of the
Code.
They were also accused of possessing 5.39 grammes of flualprazolam, an offence under the Section 30(3) of the Poisons Act.
They had allegedly committed the offences at 10.30pm at an apartment in Petaling Jaya on March 22,2021.
Deputy public prosecutor Norhashimah Hashim prosecuted while lawyers Navin Punj and Amarpreet Singh acted for the accused.NST, 12/2/2025
About 30,000, not yet tried and convicted, are in Malaysia’s overcrowded prisons of about 76,336 inmates
by Charles Hector, for and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
In
mid-2021, about 41.7 per cent of persons in Malaysian prisons are yet
to be tried, convicted and sentenced, according to World Prison Brief,
which obtained information from Malaysian government sources.
They are called ‘Pre-trial detainees/remand prisoners’, and this means they are innocent.
As
stated in Article 11(1) Universal Declaration of Human Rights, which
reads, “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.”
The
Malaysian Prison Department disclosed prisons on 3 February that the
inmates in Malaysian prisons are packed to overflowing. The department
said the number of inmates in prisons nationwide exceeds its current
maximum capacity of 4,200 by 36 per cent. This rate is based on
international regulations.
“Measures to reduce congestion will
continue with the cooperation of various agencies that will also focus
on reducing the number of remand prisoners,”(Malay Mail, 3/2/2023)
In
October 2022, Prison Department director-general Nordin Muhamad
revealed that there were a total of 82,539 prison inmates and of that
number, 76,336 were in prison, while 6,203 had been placed in the
community rehabilitation programmes. (11/10/2022, FMT)
Prison
overcrowding will be resolved if the majority of these per-trial/remand
detainees are released on bail pending the end of trial. Most of these
are the poor, who simply cannot afford bail.
Denial of bail for
serious crimes like murder may be justifiable. Statutory denial of bail
by laws like for all SOSMA listed offences must also end, and let judges
decided on bail. Lesser offences not resulting in death or grievous
bodily harm should be entitled to bail.
About 30,000 innocent persons in Malaysian Prisons
If
there are 75,000 in prison, that will mean that about 40 per cent (or
30,000) are inmates that have yet to be tried, convicted and sentenced.
Poverty
is one of key reasons, why they are yet to be tried and found guilty
and are kept in prison. They simply cannot afford to post bail, as they
have no acquaintance or family member that is rich enough and willing to
place the bail sum that could be thousands of Ringgit in court. The
surety who places the bail money simply would not be able to use this
money until the trial is over, and many a poor simply cannot afford to
post bail, if it means that they will not be able to have access to them
even in times of need.
The rich, like the Deputy Prime Minister
Datuk Seri Ahmad Zahid Hamidi is out on a RM2 million bail whilst his
criminal trial proceeds, but many a poor person simply cannot even raise
the bail amount, let alone fine sureties willing to post bail sums of
thousands of Ringgit.
In Thailand, with the passing of
the Justice Fund Act, B.E. 2558 (2015), there is now legal assistance
provided by the government made available to low-income people so that
they can have proper legal defence in court and could be released
immediately on bail whilst awaiting their trial to end.
Between 1
October 2021 and 31 March 2022, this fund approved THB190 million to
help low-income people related to lawsuits against them … helped 1,425
people fight legal cases in court …also provided money to help 473
people offer financial guarantee for release on bail …’(Nation,
15/4/2022)
MADPET (Malaysians Against Death Penalty and Torture)
calls on Malaysia to consider and set up a similar fund that will give
the poor access to monies that can be used for bail, so that they no
longer need to languish in prison until the court decides after trial
whether they are guilty or not.
Expedite Trials of the about 30,000 pre-trial/remand detainees
Remember
that these are persons that did not plead guilty and demanded trial. If
they are to be remanded until end of trial, these trials must be
expedited and targeted to end within 3 months or sooner – noting that
after trial, they may be found not guilty. As it is now, Malaysia still
does not have a Criminal Compensation Act, that will compensate the
innocent victims for the detention and suffering endured until the
court finds them not guilty.
Gross injustice when the innocent ends up being convicted/sentenced
It
must be acknowledged that many innocent persons, especially the poor,
do plead guilty so that they can serve their sentence and move on with
their life.
The reason could be poverty and the fact that if they
do not plead guilty, they will still end up as pre-trial/remand
detainees in prison for an undefined period, for no one knows when their
trial will proceed and end. It is sad that many may be in prison for a
term longer than the sentence imposed if they plead guilty fast. There
is a loss of faith in the criminal administration of justice.
As
trials are delayed, many innocent pre-trial/remand detainees in prison
may still end up pleading guilty, because of delays in the trial. They
choose to abandon their quest for justice, which they had hoped to get
from a fair trial.
The problem, thus, may be with the courts—the
inadequacy of judges and courts to ensure speedy trial. MADPET calls for
an increase of judges and courts, so that we can speedily reduce the
pre-trial/remand detainees in prison to at least less than 5 per centum
of the total prison inmate population.
Programs to reduce the
prison population in Malaysia to date seems to impact only the convicted
serving their sentence, not the pre-trial/remand detainees in prison.
The
initiatives implemented since 2008, such as the parole system,
compulsory attendance order, resident reintegration programme, licenced
prisoner release, community rehabilitation programmes and several other
programmes could reduce overcrowding in prisons across the country, are
really for the prisoners, already convicted serving their sentence.
Provide lawyers to all pre-trial/remand detainees
The
Malaysian government did not provide legal aid for suspects and accused
in criminal cases until about 2012, and thus the Malaysian Bar, with
its own funds and lawyers filled this gap.
Only since 2012,
through the Yayasan Bantuan Guaman Kebangsaan(National Legal Aid
Foundation, “YBGK”) scheme, did the government step in to provide
financial payments for lawyers providing legal aid for criminal matters.
However, foreigners are generally still excluded, and they can only
still rely on the Malaysian Bar Legal Aid lawyers or lawyers who come in
on their own to act pro bono or with minimal fees.
Noting that
many of the pre-trial/remand detainees in prison today are foreigners,
MADPET calls on the Malaysian government to provide legal aid lawyers
for all, as this is also to help expedite and ensure a fair trial.
The
major problem with the overcrowding in prisons is the large percentage
of pre-trial/remand detainees, and on an urgent basis, Malaysia must
expedite trials, and take steps to reduce the number of pre-trial/remand
detainees.
Maybe, courts should review the bail amounts and
conditions of all pre-trial/remand detainees, and the government should
assist even financially to ensure that no innocent person languishes in
prison before they are tried, convicted and sentenced. Even former
Malaysian Prime Minister Najib Razak was allowed out on bail after his
conviction until the end of the final Federal Court appeal. - TOC, 8/2/2023
