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a suspect cannot be held for more than 14 days for an offence which has a sentence of
more than 14 years imprisonment, and 7 days for criminal penalties of less than 14 days.
If a person is arrested and charged with criminal activity, then he should be brought to
court for each charge and not sent around to other stations.
Recommendations
1. SUHAKAM reiterates its stand on the rights of a child must be preserved. All legal
policies, actions affecting children should be reviewed by the authorities and
the government so that they are in keeping with the best interests of the child.
In the context of the rights of children in custody, SUHAKAM again emphasises
that children, regardless of their legal status or nationality, should not be placed
in detention centres. SUHAKAM urges the government to consider alternatives to
placing children in detention centres.
2. SUHAKAM understands the purpose of enforcing POCA for the prevention of crime.
SUHAKAM agrees that any criminal found guilty must be brought to justice. However,
SUHAKAM is of the view that such laws must be accompanied by adequate
protection for all parties to avoid misuse of the law. SUHAKAM also stresses that
the implementation of a law should not waive the principle of human rights. For
example, a person is innocent until proven guilty. They should also be tried fairly
and freely before the court.
3. SUHAKAM also reiterates its recommendation to the government to review all laws
that allow for sentencing without a trial, including POCA, so that all laws are in line
with the principles of human rights contained in the UHDR and Federal Constitution.
SUHAKAM hopes the judiciary will play a role in defending the rights of criminal
prisoners under POCA, especially juvenile detainees.
5. Chain Remand
SUHAKAM has continued to receive complaints of the abuse of remand procedures,
for example, RMP’s practice of taking an arrested person to several district police
headquarters for the purposes of other investigations after producing them in the
Magistrate’s Court. In 2018 alone, SUHAKAM received 7 complaints related to chain
remand. SUHAKAM wants to reiterate the recommendation in its 2012 Annual Report
that the police should conduct initial investigations before making an arrest. Arrests
should only be made where there is reasonable suspicion that a person has committed
an offence or when it is reasonably considered necessary to prevent a person from
committing an offence or from fleeing.
SUHAKAM
ANNUAL REPORT 2018
79