The Malaysian constitution does not have a provision which proscribes torture or inhuman or degrading punishment or treatment. But by international standards the International Covenant on Civil and Political Rights (ICCPR) insists in Article 10(3) that the essential aim of the treatment of prisoners is to be “their reformation and social rehabilitation”. Article 10(1) further provides that “people deprived of their liberty are to be treated with humanity and with respect for the inherent dignity of the human person.” Article 7 of the ICCPR and Article 3 of the European Convention on Human Rights (ECHR) further outlawed torture and inhuman or degrading treatment or punishment. However the absence of these requirements in the Federal Constitution does not mean that the government is allowed to do whatever they desire to a preventive detention detainee. But experience appears to show evidence to the contrary. Generally abuse of power has led to human misery and such conditions are prevalent in most systems of preventive detention. This work will discuss a Malaysian perspective of this important issue together with suggestions towards encouraging the authorities to readily deal with this matter openly so as to minimize if not eradicate abuse of the system of preventive detention.
|Keywords:||Rights of Preventive Detention Detainees|
senior Lecturer, Department of Law, Faculty of Public management & Law, Northern University of Malaysia, Malaysia
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