FAC News - Wednesday, June 12, 2002 10:50 AM

Don't Use Preventive Laws To Solve Criminal Cases, Police Told

The police should not use preventive laws like the Internal Security Act (ISA) to solve criminal cases as this practice will lead to injustice, Human Rights Commission of Malaysia (Suhakam) chairman Tan Sri Abu Talib Othman said Tuesday.

"If you have the evidence, then charge the person but if you don't have any evidence, then the suspect should be released when it involves criminal cases. There is no need to use preventive laws as these laws were put in place to be used to avoid any disruption in public order," he said.

He said that when Parliament passed such preventive laws, it was not its intention that such laws be used to solve crimes and there were no such provisions in these laws.

"Maintaining detention of a person without trial is wrong but I think on the short term, we require such laws (preventive laws which allow for detention without trial). But on the long term, it should be repealed...detention without trial must be exercised with caution," he said at a dialogue with senior police officers.

The dialogue was held after he opened a human rights workshop for senior police officers at the Senior Police Officers Training Centre in Cheras, here. The function was also attended by Inspector-General of Police Tan Sri Norian Mai and his deputy, Tan Sri Jamil Johari.

He said that the police, in using these preventive laws, should also act humanely and detainees must be given all basic needs as provided for by the laws of the land.

Abu Talib said that while the whole world was looking at ways to draft preventive laws, especially after the Sept 11 attacks on the US, they should also see that these laws have safeguards in them, granting basic human rights to detainees.

"The same here...Suhakam is looking at the ISA to see if we have provided adequate human rights safeguards in the statute. We are studying the ISA," he said.

-- BERNAMA