Up to courts to decide on remand or bail, says Saifuddin

Home Minister Saifuddin Nasution Ismail clarified that the decision on whether an accused person should remain in custody or be granted bail while awaiting trial rests with the courts. In a parliamentary reply, Saifuddin emphasized that the government is committed to upholding individual human rights and justice, as outlined in applicable laws such as Section 117 of the Criminal Procedure Code.

The Home Ministry, through the prisons department and police, handles remand detainees' management seriously, but the judiciary holds sovereign authority over remand periods, as specified in relevant special procedural laws.

Saifuddin further explained that the police request remand based on investigative needs, while the magistrate or judge determines an appropriate remand period, balancing an individual's liberty with the interests of criminal investigation. The government is open to reviewing laws and standard operating procedures to safeguard detainees’ human rights and address prison overcrowding, including initiatives such as the Licensed Prisoner Release Programme, Compulsory Attendance Orders, and the parole system.

This response came in reference to a question posed by Khlir Nor (PN-Ketereh) regarding the government's readiness to review remand periods for ongoing trial cases, which Khlir argued would promote justice and human rights while mitigating prison overcrowding. Chief Justice Wan Ahmad Farid had previously expressed concern over prolonged pre-trial detention, stating that waiting over two years before court proceedings is fundamentally unjust and constitutes a punishment in itself.