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II. Recommendations

To the Malaysian Government

Repeal the Emergency (Public Order and Prevention of Crime) Ordinance and end the practice of successive remand orders.

  • Repeal the Emergency Ordinance and implement the recommendations of the Royal Commission in this regard.

  • Release EO detainees unless there is sufficient evidence against them to support criminal charges. Those charged should have prompt access to legal counsel and family members, and be tried in conformity with international fair trial standards.

  • End the practice of successive detention orders. Take disciplinary or legal action against police officers who engage in the practice.

Comply with judicial orders.

  • Comply fully and immediately with all judicial orders, including writs of habeas corpus, and stop the practice of re-arresting detainees released upon a court order.

  • Immediately stop the practice of using the EO to re-arrest individuals acquitted at trial, and release all individuals currently being held under such circumstances.

Investigate conditions of detention in Simpang Renggam and ensure that they meet international standards of health, safety, and human dignity.

  • Investigate allegations of overcrowding and unhygienic living conditions.

  • Provide immediate treatment to all detainees found to be infected with scabies and any other infectious diseases, with follow-up treatment if necessary.

  • Provide detainees with an adequate opportunity to bathe.

  • Provide adequate, clean, and well-maintained housing facilities.

Provide access to the International Committee of the Red Cross.

  • Provide the International Committee of the Red Cross immediate and unfettered access to Simpang Renggam detention center and comply with any recommendations it makes in respect to conditions of detention.

Ensure that detainees can report abuses and concerns without fear of retaliation.

  • Set up a desk office for the Malaysian Bar Council at Simpang Renggam to allow detainees to report instances of abuse or mistreatment, to file complaints on conditions of detention, and to meet privately with a lawyer.

  • Any individual detainee who wishes to speak to NGO representatives should be allowed to do so in private.


<<previous  |  index  |  next>>August 2006