The Malaysian Bar commends a fair budding apportion for fulfilling a promise he done upon 15 Sep 2011 to abolish a Internal Security Act 1960 (ISA).
Since a dramatization some-more than fifty-one years ago, this piece of oppressive legislation enabling surety apprehension without trial, has been extensively condemned for being a sum defilement of tellurian rights, as well as for a vicious as well as indiscriminate abuse resulting from a use.
The Malaysian Bar is fully supportive of a government's target to fight terrorism, which represents an unusual threat to general as well as domestic assent as well as security. The government's counter-terrorism policy as well as actions contingency set upon a delicate balance between collective confidence as well as individual liberties, as well as be consistent with a rule of law.
In a Memorandum antiquated nineteen July 2010 ("Memorandum")[i], a Malaysian Bar voiced a perspective which there is adequate legislation to fight terrorism and, where necessary, a existing legislation could be strengthened alongside softened safeguards as well as slip mechanisms.
Since a dramatization some-more than fifty-one years ago, this piece of oppressive legislation enabling surety apprehension without trial, has been extensively condemned for being a sum defilement of tellurian rights, as well as for a vicious as well as indiscriminate abuse resulting from a use.
The Malaysian Bar is fully supportive of a government's target to fight terrorism, which represents an unusual threat to general as well as domestic assent as well as security. The government's counter-terrorism policy as well as actions contingency set upon a delicate balance between collective confidence as well as individual liberties, as well as be consistent with a rule of law.
In a Memorandum antiquated nineteen July 2010 ("Memorandum")[i], a Malaysian Bar voiced a perspective which there is adequate legislation to fight terrorism and, where necessary, a existing legislation could be strengthened alongside softened safeguards as well as slip mechanisms.
Nonetheless, a Bar acknowledges which a replacement legislation - a Security Offences (Special Measures) Bill 2012 ("Bill") - as well as a amendments to a Penal Code, Evidence Act 1950 as well as Criminal Procedure Code ("Amendments") concede for a right to trial, as well as contain a little supplies found in a laws of alternative jurisdictions [ii].
Furthermore, a limit duration of apprehension of twenty-eight days, after a arrest as well as apprehension duration of twenty-four hours, is consistent with a Bar's in front of in a Memorandum.
The Bar Council was invited by a fair Attorney General to yield a comments - although within a short duration of time prior to this legislation being tabled in Parliament - as well as two meetings were held to plead a Bill.
We acquire a open-minded as well as straightforward dialogue with a Attorney General's Chambers, as well as note which a little of a suggestions were accepted.
Whilst you conclude a government's enterprise for discerning movement as well as a hard work of a Attorney General's Chambers in a study, as well as drafting, of a Bill as well as a Amendments, you titillate which in future a consultation process be some-more extensive, as well as some-more time be supposing for it.
The Bill vests unusual as well as wide-ranging powers in a government. The Bar expresses a concerns regarding,inter alia, a following issues [iii], which merit serve investigate as well as debate.
(a) Preamble - a validity of a Bill is not contingent upon a invocation of Article 149 so long as it contains safeguards consistent with elemental liberties.
(b) Section 3 (Interpretation) - a clarification of "security offences" includes an! action tha t is unjust to inhabitant confidence or open safety. [iv]
Furthermore, a limit duration of apprehension of twenty-eight days, after a arrest as well as apprehension duration of twenty-four hours, is consistent with a Bar's in front of in a Memorandum.
The Bar Council was invited by a fair Attorney General to yield a comments - although within a short duration of time prior to this legislation being tabled in Parliament - as well as two meetings were held to plead a Bill.
We acquire a open-minded as well as straightforward dialogue with a Attorney General's Chambers, as well as note which a little of a suggestions were accepted.
Whilst you conclude a government's enterprise for discerning movement as well as a hard work of a Attorney General's Chambers in a study, as well as drafting, of a Bill as well as a Amendments, you titillate which in future a consultation process be some-more extensive, as well as some-more time be supposing for it.
The Bill vests unusual as well as wide-ranging powers in a government. The Bar expresses a concerns regarding,inter alia, a following issues [iii], which merit serve investigate as well as debate.
(a) Preamble - a validity of a Bill is not contingent upon a invocation of Article 149 so long as it contains safeguards consistent with elemental liberties.
(b) Section 3 (Interpretation) - a clarification of "security offences" includes an! action tha t is unjust to inhabitant confidence or open safety. [iv]
Such a clarification is as well wide. Instead, a some-more precise, as well as better, clarification can be found in a United Nations Convention for a Suppression of a Financing of Terrorism:
Any action dictated to cause death or critical bodily damage to a civilian, or to any alternative chairman not taking an active part in a hostilities in a situation of armed conflict, when a purpose of such act, by a nature or context, is to intimidate a population, or to compel a supervision or an general organization to do or abstain from doing an act.
(c) Section 4 (Power of arrest as well as detention) - a extension of a duration of apprehension for a duration of not some-more than twenty-eight days should be theme to judicial oversight, instead of by way of decision of a police officer of or upon top of a rank of superintendent.
(d) Section 6 (Power to prevent communication) - this energy should be exercised by a judge, as well as solicitor-client communications contingency ! be prote cted.
(e) Parts IV (Special Procedures Relating to Sensitive Information) as well as VII (Evidence) - it is here which a Malaysian Bar has a greatest concerns, as well as where there have been in advance departures from a current manners of evidence. The make use of of a summary of a justification (as against to a justification itself) as well as a lowering of a admissibility starting point will pose a critical snag to a fair trial.
In particular, a in advance depart from a typical manners of justification may negatively impact upon a accused's right to a fair trial. Counter-terrorism laws, policies as well as decisions contingency not usurp a really rights as well as freedoms which a terrorists themselves have been threating.
We conclude a assurance of a Attorney General that! there w ill be continuous investigate as well as review of a Bill as well as a Amendments, as well as which a Malaysian Bar's grant will be welcomed.
Apart from a ISA, a alternative legislation which now stays for a Honourable Prime Minister to consider amending - to rid a statute books of all capricious apprehension laws - have been a Dangerous Drugs (Special Preventive Measures) Act 1985 as well as Prevention of Crime Act 1959, upon a assumption which there will be no re-introduction of a Emergency (Public Order as well as Prevention of Crime) Ordinance 1969.
The Malaysian Bar encourages as well as supports a budding apportion to go on upon a trail of law reform which is consonant with general tellurian rights norms.
Any action dictated to cause death or critical bodily damage to a civilian, or to any alternative chairman not taking an active part in a hostilities in a situation of armed conflict, when a purpose of such act, by a nature or context, is to intimidate a population, or to compel a supervision or an general organization to do or abstain from doing an act.
(c) Section 4 (Power of arrest as well as detention) - a extension of a duration of apprehension for a duration of not some-more than twenty-eight days should be theme to judicial oversight, instead of by way of decision of a police officer of or upon top of a rank of superintendent.
(d) Section 6 (Power to prevent communication) - this energy should be exercised by a judge, as well as solicitor-client communications contingency ! be prote cted.
(e) Parts IV (Special Procedures Relating to Sensitive Information) as well as VII (Evidence) - it is here which a Malaysian Bar has a greatest concerns, as well as where there have been in advance departures from a current manners of evidence. The make use of of a summary of a justification (as against to a justification itself) as well as a lowering of a admissibility starting point will pose a critical snag to a fair trial.
In particular, a in advance depart from a typical manners of justification may negatively impact upon a accused's right to a fair trial. Counter-terrorism laws, policies as well as decisions contingency not usurp a really rights as well as freedoms which a terrorists themselves have been threating.
We conclude a assurance of a Attorney General that! there w ill be continuous investigate as well as review of a Bill as well as a Amendments, as well as which a Malaysian Bar's grant will be welcomed.
Apart from a ISA, a alternative legislation which now stays for a Honourable Prime Minister to consider amending - to rid a statute books of all capricious apprehension laws - have been a Dangerous Drugs (Special Preventive Measures) Act 1985 as well as Prevention of Crime Act 1959, upon a assumption which there will be no re-introduction of a Emergency (Public Order as well as Prevention of Crime) Ordinance 1969.
The Malaysian Bar encourages as well as supports a budding apportion to go on upon a trail of law reform which is consonant with general tellurian rights norms.
[iii] The Bar would need a little time to hope for as well as contention a chit to residence some-more comprehensively a issues raised by a Bill as well as Amendments.
[iv] The First Schedule of a Bill refers to Chapters VI as! well as VIA of a Penal Code, where territory 130B(2) defines "terrorist act".
Lim Chee Wee is president of a Malaysian Bar.
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