Aliran Media Statement
Detention after Acquittal an Act of Contempt
Aliran is deeply disturbed by a report in The Star (1 Aug 2002) about 10 individuals accused of murder who were detained by police after they had been acquitted by the Ipoh High Court.
The report states they were detained under Sec. 3 of the Emergency (Public Order and Prevention of Crime) Ordinance 1969. This Emergency law allows the police to arrest and detain a person for up to 60 days, and thereafter by virtue of Sec. 4 of the same Ordinance, the Home Minister has the power to issue further detention orders for any period not exceeding two years.
The Emergency (Public Order and Prevention of Crime) Ordinance 1969 is one of three preventive detention laws that allow for detention without trial. The notorious Internal Security Act is the better known. But the Emergency Ordinance and the Dangerous Drug (Special Preventive Measures) Act also allow for preventive detention.
The provisions and the powers in all these three Acts are the same - the only difference is the purpose. For example, the Ordinance is used "...with a view of preventing any person from acting in any manner prejudicial to public order�"
What is most shocking in this case is that the arrest and detention was carried out after the Court had heard the case, and had acquitted the accused. The act of the police in detaining these persons is an insult (or can even be said to be an act of "contempt") to the integrity of our courts and the Judiciary, and the rule of law.
If the prosecution is not happy with the decision of the High Court, then the law provides for appeal to the higher Courts against the decision of the court. That is what must be done instead of detaining (using preventive detention laws) those acquitted by the courts.
The failure of the police in obtaining sufficient evidence or the failure of the prosecution to prove its case beyond reasonable doubt - the standard of proof required in criminal cases - is not the fault of the accused.
The responsibility of the court is to evaluate the evidence before it, and if the prosecution is not able to prove its case beyond reasonable doubt, then the accused must be acquitted.
What happened in this case is outrageous and most disturbing - it undermines the Rule of Law. Aliran condemns the actions of the police - and calls for the immediate release of all those who are victims of detention without trial laws.
We also reiterate our call for the repeal of all preventive detention laws including the Emergency (Public Order and Prevention of Crime) Ordinance 1969.
Aliran Executive Committee
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