Take us to court if SOP not followed: MACC

> Handcuff, lock-up uniform rules adhered to: Dzulkifli

KUALA LUMPUR: Challenge us in court if procedures on handcuffs and lock-up uniforms are unlawful, Malaysian AntiCorruption Commission (MACC) chief commissioner Datuk Dzulkifli Ahmad said.

Defending the move of MACC enforcement officers on their “discretion”, Dzulkifli said all procedures are within the law.

“If it is unconstitutional then go to court and challenge us.

“We have our rights in court, that is why there are courts. If they want to just talk anyone can talk,” he told a press conference after witnessing the Corruption-Free Pledge by the International Islamic University Malaysia.

Dzulkifli refused to give a straight answer when asked if he agreed that there are provisions allowing persons under investigation to wear their own clothes instead of lock-up attire.

“I will wait for the court to decide (on that),” he said.

He repeatedly questioned reporters to point out the provisions of the laws stating that.

When told that Regulation 168 of the Prisons Regulations 2000 provides for that, Dzulkifli repeated yet again to “take it to court”.

“It is up to you. If you are not satisfied you can take it to court,” he said, clearly agitated with the questions.

Regulation 168 states that a prisoner who has not been convicted shall be permitted to wear his own clothes and to procure for himself or to receive at proper hours such articles of clothing as the officer-in-charge may approve.

Dzulkifli added enforcement officers can decide whether or not a suspect should be handcuffed when taken to court.

“The issue of handcuffs is at the discretion of the enforcement officers.

“I believe my officers have a reasonable reason for making such a decision in that situation.”

Dzulkifli was responding to reports that former Felda chairman Tan Sri Mohd Isa Abdul Samad was not handcuffed when brought to court on Wednesday.

“You can ask (deputy chief commissioner for operations) Datuk Azam Baki (on the handcuffs) if you want to know.”

Yesterday, human rights lawyer N. Surendran said MACC’s practice of making those arrested to wear its orange lock-up uniform is unlawful.

He cited Article 5 of the Federal Constitution which provides for the fundamental liberties of a person and Regulation 168 of the Prisons Regulations 2000.

Azam said investigation officers are given discretionary powers on the issue of handcuffs and lock-up uniforms for suspects under arrest or investigation.

He said that is part of the standard operating procedures but will look into the matter positively to avoid any controversies.

“That is the usual practice by enforcement officers whether it is the MACC or police when suspects are in their custody,” he told theSun.

Azam said for MACC, the suspects will be asked to wear the orange uniform when they are being taken to court for remand application.

“When we apprehend a suspect, the uniform matter applies to all suspects and we can’t give special treatment to some people.

“Similarly, the handcuffs issue is the investigating officer’s decision on a case by case basis. Handcuffing the suspect is to prevent him from absconding and also for security.”

He added that sometimes handcuffing is also to prevent the suspect from being kidnapped by others.

Azam said lawmakers should look into this issue if they think there’s a need to have some specific provisions under the Criminal Procedure Code.