3. The circumstances in which derogations to fundamental rights are permitted by Article 149 of the Constitution extend well beyond a situation of public emergency which threatens the life of the nation as required by Article 4 of the ICCPR. In any event Article 149 should be strictly complied with and not interpreted widely so as to render the Constitutional rights nugatory. 4. The provisions of the Prevention of Crime Act which provide for the receipt or procurement of all evidence in relation to a person, whether admissible or not, and which create a presumption of guilt in relation to specified persons contravene the entitlement to a fair trial in Article 14 of the ICCPR. The presumption of innocence is additionally a customary norm of international law which is binding on Malaysia notwithstanding that it is not a party to the ICCPR. 5. Under Article 151 of the Constitution an arresting officer who “has reason to believe there are grounds” to justify detention should be required to communicate the full particulars of this belief at the time of arrest and in writing as soon as possible thereafter. Justification of a detention only after the detention has commenced makes the initial validity of the arrest suspect. 6. The provisions of the Internal Security Act extending the period of police investigation for 60 days, denying the detainee the right to be released on bail and permitting a Ministerial order for detention at any time after arrest without any possibility of judicial review and merely on suspicion that a person may commit an offence, significantly contravene the relevant provisions of Article 9(2), (3), (4), and Article 14 of the ICCPR and customary international law to which all States are bound. They are also contrary to Principle 11 of the Body of Principles on Detention. 7. The close monitoring of visits to detainees under the ISA contravenes Principle 5 of the Basic Principles on Lawyers, and Principle 18 of the Body of Principles on Detention. 8. The powers of the Advisory Body constituted under Article 151 of the Federal Constitution should be extended to give detainees an opportunity to be represented by 106