KUALA LUMPUR, Sept 3 — A coalition of Malay non-government organisations (NGOs) today called for politicians to be removed as arbiters in cases of detention without trial, in an apparent bid to eliminate allegations of political persecution attached to such powers.
The Malay Consultative Council (MPM) told reporters at the Civil Service Gold Club (KGPA) here, after meeting with the Royal Malaysia Police (PDRM) representatives at Bukit Aman this morning, that it will draft a memorandum to push forward several suggestions by the law enforcement agency to the prime minister by the end of the week.
“The third thing PDRM suggested is that the power to decide to take action, to enforce the PCA (Prevention of Crime Act 1959), should be given to a board set up specifically to replace the minister’s power,” MPM secretary-general Dr Hasan Mad said.
He later told The Malay Mail Online that instead of granting just one minister the power to decide, the board should consist of three to four people with extensive legal backgrounds, such as retired judges, who will have more neutral positions.
The PCA is one of the two remaining laws that allow detention without trial law, and permits suspected gang members to be detained without a warrant for 14 days and an additional 28 days if required for further investigations.
It is, however, only applicable in Peninsular Malaysia as it was passed before Sabah and Sarawak had formally signed up to be part of Malaysia on September 16, 1963.
Currently, inquiry officers outside of the police force are appointed by the home minister to determine if there are grounds for a suspect’s detention.
The inquiry reports will then be forwarded to the minister for endorsement, with the remanded suspects given the right to appeal against their detention orders.
Hasan said he sympathised with the police, whom he believed were hobbled in their fight against crime due to the repeal of preventive laws, except for the PCA and the Dangerous Drugs Act 1952.
MPM stressed its support to amend PCA to give more power to the police, and highlighted the force’s own studies that found detention and the threat of detention to be effective in lowering the crime rate.
“Among the amendments that they suggested are to include Sabah and Sarawak under the law’s jurisdiction, widen the scope in terms of criminal offences because PCA is limited to crimes that are not very serious, as suspects will only be subjected to banishment orders, but no curfew, so these are considered non-serious crimes,” Hasan said.
MPM will set up a committee with the police to prepare the memorandum to be submitted to the government and political parties from both side of the divide, he said.
Hasan said the council will meet with Home Minister Datuk Seri Ahmad Zahid Hamidi this week to discuss about the proposals.
Hasan also said the council will suggest a public relations department be set up as part of PDRM to engage with the community, which he noted to be crucial to fighting crime.
“I think it is time now we activate community movement, we have many community colleges, maybe we can use them to provide community education like on safety and security,” he said.
Citing statistics provided by Bukit Aman, Hasan said 9,095 Emergency Ordinance (EO) and the Restricted Residence Act 1933 detainees were released in 2011.
He said 18 months before the EO was abolished, the total murder cases was 748, with 57 of them involving firearms.
The number increased 25.7 per cent 18 months after the EO was abolished to 940 total murder cases, with 103.5 per cent increase in the number involving firearms, to 116 cases.
Overall, crime rate increased by 5.5 per cent, which he said, was very significant.
“The government need to act fast, if not, in another 18 months, it could go up by 100 per cent, by then, we can’t even leave the house,” Hasan said.
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