CHAPTER 2 - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP
on the use of firearms by police personnel, the Commission also holds the view that the public should
observe the laws. All Malaysians need to learn from the incident to prevent recurrence.
It is to be noted that in most of the allegations of police inaction, the complainants were not aware
of Section 107A2 of the Criminal Procedure Code (CPC) under which any complainant is entitled,
subject to certain exemptions under that section, to a report of the status of investigation from the
officer-in-charge of the police station. While commending the positive action on the part of the police
to comply with this provision, the Commission also urges them to intensify efforts in investigating
reports.
(b) Public Inquiry
The Commission further calls on the police to ensure strict adherence to the statutory right of persons
arrested to consult a lawyer. This is in line with Section 28A of the CPC which requires the police to
inform a person arrested of the reason for this and of the person’s right to contact the family and a
lawyer. This issue was discussed in length at the Public Inquiry into the Arrest of Five Lawyers of the
Kuala Lumpur Legal Aid Centre on 7 May 2009 at the Brickfields Police Station, Kuala Lumpur, as
reported in the Commission’s 2009 Annual Report. The Public Inquiry was concluded in April 2010.
The Panel of Inquiry was of the opinion that the arrest and detention of the lawyers constituted a
denial of legal representation and a contravention of Article 5(3)3 of the Federal Constitution and
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Section 107A. Report on status of investigation:
(1) Any person who has given information under Section 107 may request for a report on the status of the investigation of the offence complained
of in his information from the officer-in-charge of a police station where he gave the information.
(2) The officer-in-charge of a police station shall give a status report on the investigation of such offence to the informant not later than two weeks
from the receipt of the request made under subsection (1).
(3) Notwithstanding subsection (2), no officer-in-charge of a police station shall be required to provide a status report on an investigation of an
offence:
(a) unless the offence complained of is a seizable offence;
(b) unless a period of four weeks has lapsed from the date of the giving of the information under Section 107; and
(c) which contains any matter that is likely to adversely affect the investigation into the offence or the prosecution of the offence.
(4) Where a request has been made under subsection (1) and the officer–in-charge of the police station has failed to furnish the informant with a
status report within the period specified in subsection (2), but subject to subsection (3), the informant may make a report to the Public Prosecutor
of the failure.
(5) Upon receipt of the report under subsection (4), the Public Prosecutor shall direct the officer-in-charge of the Police District to furnish him with a
detailed status report on the investigation that has been conducted by the police in relation to the offence in the information given by the informant.
(6) The Public Prosecutor shall cause to be furnished to the informant, or direct the officer-in-charge of the Police District to furnish to the informant,
a status report containing such information as may be directed by the Public Prosecutor.
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Article 5(3) of FC: Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult
and be defended by a legal practitioner of his choice
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