PETALING JAYA: Courts have the discretion to decide whether an accused person should remain under detention or be granted bail while awaiting the conclusion of their trial, says home minister Saifuddin Nasution Ismail.
In a written parliamentary reply, Saifuddin said decisions on continued detention or bail in cases in which charges had been filed but trials remained incomplete were made by the court in accordance with applicable laws.
“The home ministry, through the prisons department and the police, always takes seriously the management of remand detainees. The government is committed to upholding individual human rights and the principle of justice under the law.
“On the proposal to review remand periods for protracted cases, the ministry wishes to clarify that the power to fix remand periods falls entirely under the jurisdiction of the judiciary, among others under Section 117 of the Criminal Procedure Code or the relevant special procedural laws.
“For cases where charges have been filed in court but the trial is not yet complete, re-detention or denial of bail (unbailable or non-bailable) is also at the court’s discretion under the applicable laws.”
He added that the police apply for remand based on investigative needs, while the magistrate or judge assesses and decides on a reasonable remand period according to the principle of balancing individual liberty with the interests of criminal investigation.
Saifuddin added that the government remained open to reviewing laws and standard operating procedures to safeguard detainees’ human rights and address overcrowding in prisons.
Among the measures being pursued were the Licensed Prisoner Release Programme, Compulsory Attendance Orders (PKW) and the parole system, which aim to reduce reliance on physical detention.
He was responding to a question from Khlir Nor (PN-Ketereh) about whether the government was prepared to review remand periods for cases that had yet to be decided by the courts.
Khlir said this would uphold justice and human rights, as well as reduce overcrowding in prisons.
Last month, Chief Justice Wan Ahmad Farid Wan Salleh voiced concerns over some accused persons having to wait for more than two years under remand before their cases are heard in court.
In a speech at a recent Johor Bar dinner, he said it was “fundamentally unjust” that an accused person should wait in remand for more than two years before the matter is heard.
Wan Farid said the courts' delay effectively punished these accused persons before any verdict is delivered, adding that this must not continue.
In August, Sinar Harian reported that an Orang Asli man charged with murder was freed after spending nine years under remand, with his trial still at the prosecution stage.