LETTER | An open letter to the Attorney-General Idris Harun on the imbalanced exercise of powers.
We are sure that when you accepted your appointment as Attorney-General, you did not imagine you would have to provide legal leadership to the nation during a pandemic.
There have been many news reports of persons being arrested, brought to police stations and subsequently charged and sentenced in courts.The MCO classifies many actions as offences. Those who have been charged include children and adults. They comprise various strata of our society, ranging from expatriates in Mont Kiara to teenagers in Terengganu.
These have enabled the implementation of pandemic control measures. Yet, it appears that you have not issued clear directives and guidelines to the police and prosecutors on how the measures should be enforced. In these difficult times, we ask you to exercise your powers under Article 145 of the Federal Constitution to ensure proportionality and uniformity in the implementation of the MCO regulations.Direct the police to be mindful of the social distancing rules and therefore avoid marshalling people to police stations for filing of charges and to courts for prosecution.
Direct the police and prosecutors to defer prosecutions of alleged MCO offenders till the pandemic is over – so as not to further burden the already crowded lockups and prisons.Direct the police to treat all persons who are charged alike. No cooperative accused person should be handcuffed or chained when brought to court.
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