Unlawful to force lock-up uniforms on detainees, says lawyer


PKR lawyer N. Surendran says parading suspects in lock-up uniforms creates the perception that they are already guilty of the crime they are accused of, despite the fact that they are innocent until proven guilty in court. – The Malaysian Insight pic by Hasnoor Hussain, August 17, 2017.

AUTHORITIES should stop forcing detainees to wear lock-up uniforms when going for remand hearings as it is unlawful and can invite civil suits, lawyer N. Surendran said today.

The Padang Serai MP from PKR said the Malaysian Anti-Corruption Commission (MACC) and police must allow those arrested to wear their own clothes rather than the lock-up t-shirts, which are in orange and purple.

“Being forced to wear these bright orange uniforms and being paraded thus in the court premises is humiliating to the arrested person and creates the perception that he is indeed a wrongdoer or criminal, even though the court has not pronounced guilt.

“Similarly, the current practice of the police force in making suspects wear the purple police lock-up uniform is equally wrong and unlawful,” he added.

He was commenting on the recent two high-profile arrests of Penang exco member Phee Boon Poh and former Felda chairman Isa Samad, who were brought to court in the bright orange MACC lock-up uniforms.

Surendran also drew contrast to Regulation 168 of the Prison Regulations which is mandatory for prison authorities to allow unconvicted prisoners to wear their own clothes

“The law thus recognises that unconvicted persons cannot be made to wear lock-up uniforms,” adding that the act is also in breach of Article 5 of the Federal Constitution.

He said photographs and videos of arrested persons in these uniforms are splashed across multiple media platforms which in turn worsen the public shaming of them despite remaining innocent in the eyes of the law until proven guilty.

“This situation is further compounded by the MACC’s current trend of going out of their way to court publicity for their actions.

“Enforcement authorities must never be overzealous in carrying out their duties,” said Surendran while berating the authorities for unnecessarily handcuffed Phee as he posed no risk of escape. – August 17, 2017.


Sign up or sign in here to comment.


Comments