Practice Relating to Rule 100. Fair Trial Guarantees
Malaysia’s Geneva Conventions Act (1962) punishes “any person, whatever his citizenship or nationality, who, whether in or outside the Federation, commits, or aids, abets or procures the commission by any other person of any such grave breach of any of the … [1949 Geneva] conventions”.
Malaysia’s Security Offences (Special Measures) Act (2012) states:
2. This Act shall apply to security offences [defined in the Penal Code (1997) as including waging and abetting the waging of war against Malaysia’s Head of State].
27. (1) Any Sessions Court Judge may record any statement or confession made to him at any time before the commencement of the trial.
(3) No Sessions Court Judge shall record any such statement or confession unless, upon questioning the person making it, he is satisfied that it was made without threat, inducement or promise at that particular time.