KUALA LUMPUR – Malaysian Corruption Watch (MCW) has strongly supported the Malaysian Anti-Corruption Commission’s (MACC) decision to suspend the use of orange lock-up attire for individuals under investigation (OKS) who are brought to court for remand proceedings.
MCW president Jais Abdul Karim said the decision was a mature and professional step that was in line with the basic principle of justice that a person under investigation should not be deemed guilty until proven so through due legal process.
He said remand was not a punishment but part of the investigation process.
“Bringing an OKS to court should not create a public perception that the individual has already been convicted of an offence,” he said in a statement today.
MCW also agreed that the use of handcuffs should be based on risk assessment and professional discretion, rather than being imposed automatically or used as a form of humiliation.
Jais said factors such as the risk of escape, level of aggression, the safety of escorting officers and members of the public, the possibility of self-harm or harming others, as well as the OKS’s health, age and physical capability should be taken into consideration.
“However, discretion must not turn into favouritism.
“Ministers, former ministers, politicians, civil servants, corporate figures and ordinary citizens must be subjected to the same risk-assessment standards,” he said.
Jais said a person’s position, rank or influence should not automatically entitle them to preferential treatment, just as being a suspect did not justify humiliating treatment.
Meanwhile, MCW stressed that the fight against corruption must not be pursued through “trial by media”, public humiliation or punishment based on perception before a court determines guilt.
He said the decision to suspend the orange lock-up attire should also not be misconstrued as a softening of enforcement against corruption offenders.
“Investigations must remain firm, independent and free from fear or favour. Prosecution should be pursued when there is sufficient evidence, and those ultimately convicted must receive appropriate punishment,” he said.
MCW also urged MACC to establish and publish clear, uniform and transparent guidelines on the use of handcuffs and procedures for bringing OKS to court.
Jais said such guidelines were important to prevent allegations of double standards while protecting enforcement officers who have to make decisions based on actual circumstances on the ground.
“We can be tough on corruption without sacrificing human dignity. We can be firm with suspects without prejudging the court’s decision.
“And we can give enforcement officers discretion without allowing favouritism,” he said. – DETIK MALAYSIA
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