Witness Protection in Malaysia Andrew Khoo Co-Chair, Human Rights Committee Bar Council Malaysia

Legislation (1) Regular provisions: Criminal Procedure Code contains provisions relating to the giving of evidence in camera. Irregular provisions: offences relating to terrorism, e.g. Security Offences (Special Measures) Act, Prevention of Crime Act, Prevention of Terrorism Act. Inability to confront/challenge witness.

Legislation (2) Witness Protection Act 2009, in force from 15 April 2010. Creates a whole mechanism for identification and registration of persons in need of witness protection. Director General of Witness Protection, Witness Protection Programme, Registrar, Register. Definition of “witness”. Someone who gives evidence on behalf of government in a criminal proceeding, commission of offence, provide information.

Legislation (3) Requires the intended protectee to disclose all outstanding legal obligations, outstanding debts, taxes, criminal history, civil proceedings, bankruptcy proceedings, financial details, immigration status, property liable to forfeiture or confiscation, general medical condition, court orders relating to custody or access to children. Provision for medical, psychological or psychiatric examination to determine suitability for inclusion in the WPP. Director General will consider various factors in deciding whether to recommend protection to witness.

Legislation (4) Decision to grant protection made by Attorney General. Appeal to Minister. Provide for accommodation, relocation, documents for new identity, transport for transfer of property, payment equivalent to remuneration including increment, meet reasonable living expenses including family, other assistance to make witness self-supporting.

Legislation (5) Cannot relocate to Sabah or Sarawak if not from there. Witness to comply with existing rights and obligations. Protection can be terminated.

Other issues No statistics/information on its use. Concerns of abuse – secret trials, lack of transparency.

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