Originally published on the CGS blog on October 31, 2013.
Malaysia recently passed new amendments to its Prevention of Crime Act that represent blatant human rights violations. Most disturbing is the contention that one of these amendments would allow prisoners to be detained indefinitely without trial.
This is happening in spite of the fact that Prime Minister Najib Razak pledged to uphold human rights, having recently abolished the Internal Security Act. Historically, the ISA had been used to hold political dissidents without charges. Critics speculate that this latest development is politically motivated, coinciding with a crackdown on opposition figures.
Najib cites recent robberies and high-profile public shootings as grounds for the legislative crackdown. “If the government doesn’t act, more people will become victims,” he said, claiming that the law would only apply to serious criminals. However, these amendments have been condemned by human-rights activists and criticized as a strengthening of his increasingly authoritarian regime.
According to Amnesty International, the amendments are out of line with international human rights law and standards. Article 19A in the new “Part IVA” of the Act stipulates that the Prevention of Crime Board can “direct that any registered person be detained under a detention order for a period not exceeding two years, and may renew any such detention order for a further period not exceeding two years at a time.” In other words, you can repeatedly extend a persons’ detention for two years as long as it’s in the interest of “public order, public security or prevention of crime.”
Malaysia is bound to respect customary international laws binding on all nations, including the prohibition on torture and other cruel, inhuman or degrading treatment or punishment. Indefinite detention violates this prohibition. The U.N. Committee against Torture has stated unequivocally that “detaining persons indefinitely without charge, constitutes per se a violation of the Convention [against Torture]”.
Najib’s tough-on-crime rhetoric doesn’t hold up to scrutiny.
