Title: Roles of Governmental and Non-Governmental Bodies on Chain Remand Complaints in Malaysia
Stream: Interdisciplinary, Multidisciplinary & Transdisciplinary Education
Presentation Type: Oral Presentation
Authors:
Ifa Sirrhu Samsudin, Attorney General Chambers of Malaysia & Universiti Kebangsaan Malaysia, Malaysia
Ramalinggam Rajamanickam, Universiti Kebangsaan Malaysia, Malaysia
Rohaida Nordin, Universiti Kebangsaan Malaysia, Malaysia
Abstract:
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, among the factors that led to the amendment of the Criminal Procedure Code (CPC) at that time due to 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 including issues of chain remand. Therefore, this article will highlight their roles and barriers as governmental and non-governmental officers on chain remand cases. The methodology of this study is based on qualitative approach on semi-structured interviews with 6 officers through purposive sampling. Besides, the interview author also collect data through roundtable discussion and documents analysis. Data are collected based in Kuala Lumpur and Putrajaya, Malaysia. The findings indicate even these bodies able to investigate the complaints raised but not having a role to take action. Their role is only to provide recommendations to the complained party to take action. The conclusion of this study suggests the penalty function should be given to certain bodies to curb the problem based on solid evidence. Thus, the important contribution to this growing field of literature is through filling a salient gap and bringing new understanding in the issues of chain remand especially on the roles of non-governmental and governmental through this study.
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