CHAPTER 1 - REPORT OF THE EDUCATION AND PROMOTION WORKING GROUP 3. HUMAN RIGHTS TRAINING FOR ENFORCEMENT AGENCIES (a) Training for the Royal Malaysian Police The right to a fair trial and the presumption of innocence should form the basis for investigating The workshops were aimed at raising the officers’ awareness of the need to every crime. The Commission has conducted human rights training for officers-in-charge of police stations (OCS) on an annual basis since 2008. Between February and October during the year under review, the Commission trained 155 OCS from districts in Pahang, Negeri Sembilan, Melaka and Perlis. These sessions also brought the series of training workshops to a close. promote and protect human rights. Another goal was to build their ability to prepare standing orders for subordinates, to execute daily tasks taking human rights into account. The focus, therefore, was on fine-tuning departmental procedures based on human rights principles and compliance with international human rights standards in law enforcement. The participants were assigned case studies on issues and procedures related to death in custody, remand orders, domestic violence, child abuse, freedom of assembly and the interrogation process. Discussion of related issues included the rights of individuals during arrest and detention, rights of police officers and misuse of power by police personnel. During the sessions, the Commission raised the issue of freedom of assembly. It emphasised that peaceful assembly should be allowed as this is guaranteed by the Federal Constitution. The police have to ensure the smooth running of an assembly and the security of participants. Unfortunately, there have been cases where the police have prevented people from assembling, ostensibly due to security reasons. However, the police have never been able to explain or justify the actual security risks. The Commission also emphasised the need for the police to conduct their work in accordance with the law, without discrimination stemming from politics, religion or other factors. Based on the Commission’s observations, there have been incidents where the police have taken action against assemblies associated with opposition parties, but not against assemblies conducted by parties in the federal ruling coalition. The Commission is of the opinion that police officers in their investigatory capacity play a critical role in the judicial process. The detection of crime through investigation and gathering of evidence is the first step in the judicial process that can subsequently lead to successful conviction and punishment of criminals. The right to a fair trial and the presumption of innocence should form the basis for investigating every crime. A lawful and ethical investigation can protect the right to a fair trial, but 31

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