CHAPTER 2 - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP
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Lack of amenities such as roads, water and electricity supply
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Difficulty in obtaining MyKad
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Education
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Requests by the Orang Asli for the Gombak Hospital to be managed by the MoH or,
alternatively, for improvements to services under the current management
(c) Use of Preventive Detention Laws
Individuals, political parties and civil society groups kept up
complaints relating to the Internal Security Act 1960 (ISA),
Emergency (Public Order and Prevention of Crime) Ordinance 1969
and Dangerous Drugs (Special Preventive Measures) Act 1985. The
60-day remand period, two-year detention order and two-year
restriction order remained the subject of many complaints.
In several cases, it was alleged that the police had acted on false
and malicious information. There were also claims that the police
had abused their power in recommending to the Home Minister
that action should be taken against individuals under these laws.
Three meetings were held with the police to highlight and discuss
the Commission’s concerns about the use of these laws. The
Commission reiterated its stand against detention without trial.
... the Commission
observed that
many minors and
young adults had
been detained on
suspicion of theft and
involvement with
triads. The Commission
is of the view that
these alleged offences
could have been dealt
with under different
laws such as the Penal
Code.
Preventive detention laws have also been applied to minors and young adults. From the complaints
received and a visit to the Machang Drug Rehabilitation Centre in Kelantan, the Commission observed
that many minors and young adults had been detained on suspicion of theft or involvement with
triads. The Commission is of the view that these alleged offences could have been dealt with under
different laws such as the Penal Code. This would have ensured that the rights of minors are protected
in line with the Convention on the Rights of the Child (CRC), which Malaysia has ratified.
On 15 September, the Prime Minister, Hon Dato’ Sri Najib Abdul Razak, announced that the ISA and
Banishment Act 1959 would be repealed. On 5 October, the Prime Minister presented two Bills to
abolish the Banishment Act 1959 and Restricted Residence Act 1933. These were unanimously passed
by Members of Parliament. The Prime Minister also announced that a comprehensive law would be
drafted to replace the ISA. The Commission welcomes this, in line with its stand and recommendations
in The Review of the Internal Security Act 1960, published in 2003.
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