KEY ISSUES KEY ISSUES The Commission, whose new members took office on 26 April, maintained the course charted to date in upholding the human rights of Malaysians in general and vulnerable groups in particular. Arbitrary detention and law enforcement are among issues that still create cause for concern. 1. REVIEW OF PREVENTIVE DETENTION LEGISLATION Statutory provisions that permits preventive detention – such as the Emergency (Public Order and Prevention of Crime) Ordinance 1969, the Dangerous Drugs (Special Preventive Measures) Act 1985 and the Internal Security Act 1960 (ISA) – continued to occupy the Commission’s attention. It shares the public sentiment against detention without trial, which goes against the spirit of the Federal Constitution and contravenes Articles 9, 10 and 11 of the Universal Declaration of Human Rights (UDHR). Resorting to such laws purportedly for reasons of national security constitutes a serious violation of a person’s right to liberty. The Commission has been very consistent in its call to review or repeal preventive detention laws and to bring in legislation that serves security needs while complying with human rights principles. Amendments must ensure, for example, the right to a fair trial and the presumption of innocence until guilt is proven in a court of law. 2. FREEDOM OF ASSEMBLY The Commission noted that applications for permits to organise peaceful public assemblies were either turned down or were seen to be selectively given to certain groups. The Commission is of the view that, while the Royal Malaysian Police Force have the ultimate authority in deciding on applications, they should act fairly, independently and professionally in respecting the rights of citizens. Summary denial of permits, albeit legal, is not within the intent of authority provided by the Police Act 1967. The Commission therefore called for the repeal of sub-sections (2), (2A)–(2D), (4), (4A), (5), (5A)-(5C), (7) and (8) of Section 27 and Section 27A of the Police Act 1967 and recommended that – where the police find it necessary to control or disperse a crowd – proportionate and non-violent methods should be employed. The Commission firmly reiterated its stand that the people have a right to participate in peaceful assemblies, as guaranteed by Article 10(1)(b) of the Federal Constitution. The freedom of assembly is also guaranteed under Article 20(1) of the UDHR. 13