Roles of Human Rights Bodies on Chain Remand Complaints in Malaysia
The practice of chain remand would cause human rights violations if the application was granted without reasonable cause and reason. This chain remand problem was tried to be addressed in 2007, which was amongst the factors that led to the amendment of the Criminal Procedure Code (CPC) at that time...
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| Format: | Article |
| Language: | English |
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Taylor & Francis Group
2022-12-01
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| Series: | Cogent Social Sciences |
| Subjects: | |
| Online Access: | https://www.tandfonline.com/doi/10.1080/23311886.2022.2095079 |
| _version_ | 1811326036487438336 |
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| author | Ifa Sirrhu Samsudin Ramalinggam Rajamanickam Rohaida Nordin |
| author_facet | Ifa Sirrhu Samsudin Ramalinggam Rajamanickam Rohaida Nordin |
| author_sort | Ifa Sirrhu Samsudin |
| collection | DOAJ |
| description | The practice of chain remand would cause human rights violations if the application was granted without reasonable cause and reason. This chain remand problem was tried to be addressed in 2007, which was amongst the factors that led to the amendment of the Criminal Procedure Code (CPC) at that time due to the defilement of human liberty. In Malaysia, there are governmental and non-governmental bodies that are active in ensuring that the human rights of the entire community are protected from being violated. The issue of wrongful detention involving chain remand during an investigation is not a new issue. This issue is constantly highlighted and efforts to address it are often raised by the responsible parties. This study aims to analyse the roles of these bodies in dealing with chain remand complaints in Malaysia using a qualitative research approach by way of in-depth interviews, roundtable discussions, and document analysis. The study discovered that these human rights bodies in Malaysia were able to investigate the complaints, but did not have a role to take any actions. Their role is only to provide recommendations to the complainants to take action. Therefore, this study recommended establishing a legal provision with respect to the power to impose prosecution or disciplinary action on the officers involved in illegal detention without due cause. This study also suggests the function should be given to the prosecution department to take action to curb the problem based on solid evidence. |
| first_indexed | 2024-04-13T14:43:31Z |
| format | Article |
| id | doaj.art-9b7c90fec50646618969f798bc8ea49f |
| institution | Directory Open Access Journal |
| issn | 2331-1886 |
| language | English |
| last_indexed | 2024-04-13T14:43:31Z |
| publishDate | 2022-12-01 |
| publisher | Taylor & Francis Group |
| record_format | Article |
| series | Cogent Social Sciences |
| spelling | doaj.art-9b7c90fec50646618969f798bc8ea49f2022-12-22T02:42:50ZengTaylor & Francis GroupCogent Social Sciences2331-18862022-12-018110.1080/23311886.2022.2095079Roles of Human Rights Bodies on Chain Remand Complaints in MalaysiaIfa Sirrhu Samsudin0Ramalinggam Rajamanickam1Rohaida Nordin2Attorney General Chamber of Malaysia & Universiti Kebangsaan Malaysia, MalaysiaUniversiti Kebangsaan Malaysia, MalaysiaUniversiti Kebangsaan Malaysia, MalaysiaThe practice of chain remand would cause human rights violations if the application was granted without reasonable cause and reason. This chain remand problem was tried to be addressed in 2007, which was amongst the factors that led to the amendment of the Criminal Procedure Code (CPC) at that time due to the defilement of human liberty. In Malaysia, there are governmental and non-governmental bodies that are active in ensuring that the human rights of the entire community are protected from being violated. The issue of wrongful detention involving chain remand during an investigation is not a new issue. This issue is constantly highlighted and efforts to address it are often raised by the responsible parties. This study aims to analyse the roles of these bodies in dealing with chain remand complaints in Malaysia using a qualitative research approach by way of in-depth interviews, roundtable discussions, and document analysis. The study discovered that these human rights bodies in Malaysia were able to investigate the complaints, but did not have a role to take any actions. Their role is only to provide recommendations to the complainants to take action. Therefore, this study recommended establishing a legal provision with respect to the power to impose prosecution or disciplinary action on the officers involved in illegal detention without due cause. This study also suggests the function should be given to the prosecution department to take action to curb the problem based on solid evidence.https://www.tandfonline.com/doi/10.1080/23311886.2022.2095079chain remandlibertycomplaintsgovernmentalnon-governmental |
| spellingShingle | Ifa Sirrhu Samsudin Ramalinggam Rajamanickam Rohaida Nordin Roles of Human Rights Bodies on Chain Remand Complaints in Malaysia Cogent Social Sciences chain remand liberty complaints governmental non-governmental |
| title | Roles of Human Rights Bodies on Chain Remand Complaints in Malaysia |
| title_full | Roles of Human Rights Bodies on Chain Remand Complaints in Malaysia |
| title_fullStr | Roles of Human Rights Bodies on Chain Remand Complaints in Malaysia |
| title_full_unstemmed | Roles of Human Rights Bodies on Chain Remand Complaints in Malaysia |
| title_short | Roles of Human Rights Bodies on Chain Remand Complaints in Malaysia |
| title_sort | roles of human rights bodies on chain remand complaints in malaysia |
| topic | chain remand liberty complaints governmental non-governmental |
| url | https://www.tandfonline.com/doi/10.1080/23311886.2022.2095079 |
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