What constitutional rights are infringed by the PCA amendments?

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Constitutional Rights Infringed by PCA Amendments

The proposed amendments to Malaysia's Prevention of Crime Act 1959 (PCA) are seen by leading legal bodies as a significant infringement upon fundamental constitutional rights. These objections are primarily raised by the Malaysian Bar, the Sabah Law Association, and the Advocates Association of Sarawak, who argue that the changes effectively revive authoritarian legislation and undermine the principles of the rule of law and due process.

The core of the concern lies in the provisions that allow for detention without trial. The amendments permit suspects to be held for up to two years, with the possibility of repeated renewals. This directly contravenes established rights, including the right to legal representation and the right to be heard before any adverse decision is made. Furthermore, the proposed legislation removes the judiciary's power to conduct substantive judicial reviews against these preventive detention orders, limiting reviews solely to procedural grounds, which the legal bodies deem insufficient and illusory.

The legal associations highlight that these amendments violate the rule of law by ignoring due process and infringing upon constitutional rights. They argue that the amendments reintroduce the most offensive elements of repealed laws such as the Internal Security Act (ISA) and the Emergency Ordinance. Specifically, the amendments are seen as an affront to the judiciary by ousting its jurisdiction and allowing the Prevention of Crime Board, which is bound by the findings of an Inquiry Officer appointed by the Minister, to make detention decisions. This concentration of power and the lack of substantive judicial oversight are viewed as an unacceptable abrogation of due process and a supplanting of the judiciary's role.

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What constitutional rights are infringed by the PCA amendments?

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