Ban on lock-up attire must be made law, says Bar Council man

A Malaysian Anti-Corruption Commission (MACC) decision to suspend the use of its orange lock-up attire for individuals under investigation when brought to court for remand applications has prompted calls for the measure to be made law, according to Bar Council chairman Vivek Sukumaran. Vivek, speaking in his personal capacity, argued that the suspension, while offering temporary protection, is insufficient, and Parliament should amend the Criminal Procedure Code to formally protect the treatment of those produced for remand.

He urged the establishment of a published written directive with a legal basis, allowing it to be maintained without reversal without public notice. Vivek highlighted a similar reform introduced in 2019 by then-MACC chief Latheefa Koya, which was later quietly reversed without any explanation, emphasizing the need for a lasting solution.

He stressed that the entitlement should apply uniformly to all unconvicted individuals, regardless of cooperation with investigations, and extend to all enforcement agencies, including the police. Additionally, he called on MACC to publish data on the number of individuals required to wear the attire and those ultimately not charged or acquitted, calling this figure "the measure of harm".

MACC chief commissioner Abd Halim Aman clarified that people under investigation can wear ordinary clothes in court, while the lock-up attire would only apply during their custody. This decision followed Prime Minister Anwar Ibrahim's intervention after a former minister detained in remand for involvement in the royal commission of inquiry into Tabung Haji raised the issue in Cabinet.

Anwar stated that people detained by MACC for investigations should not be compelled to wear the orange lock-up attire as it could negatively impact their perception. Those who fully cooperate with investigations should not be required to wear the orange detention attire when brought to court before being charged.