Public Prosecution Commission and Human Rights Court

Amendment of Article 145 (1) and (3)

The government of the day and parliamentarians need to look seriously into amending Article 145 (1) and 145(3) of the Federal Constitution by which the Attorney-General is appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister, and the Attorney-General has an unchecked discretionary power to “institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial”.

When it comes to issues involving violations of human rights by the government agencies, it has been a stumbling block to seek justice and remedies for especially the underprivileged social class because the AGC often represents more of the interest of the powers-that-be.

And hence, the said article needs to be amended to which the recommended Attorney-General choice by the executive has to be deliberated through a Parliamentary Standing Committee and approved by the parliament before submitting for the definite appointment by the YDPA.

Public Prosecution Commission and Human Rights Court

An independent Public Prosecution Commission is needed to avoid absolute concentration of prosecution power in AGC and avoid interference by the executive branch of the government.

On the other hand, Enforcement Agencies Integrity Commission (EAIC), Suhakam and the like should be provided more resources to carry out investigations involving government agencies and enhance their powers to recommend for prosecution to an independent Public Prosecution Commission.

Human Rights Court exemplified by the European Union and India should be seriously looked into and deliberated for further institutional and law reforms. The creation of Human Rights Court and an independent Public Prosecution Commission would help expedite court cases involving human rights violations committed by the government officers.

Dr. Boo Cheng Hau
Media statement by Dr. Boo Cheng Hau in Johor Bahru on Friday, 5th August 2022