Training for Malaysian Lawyers on Representing Foreign Nationals Imprisoned in Malaysia

Date.30 Sep, 2024

On September 28, 2024, Justice Project Pakistan (JPP) and the Malaysian Centre for Constitutionalism and Human Rights (MCCHR), with support from the Kuala Lumpur Legal Aid Centre (KLLAC), conducted a novel one-day training on providing effective legal representation to foreign nationals imprisoned in Malaysia. Hosted at the KL Bar Auditorium, this inaugural training aimed to identify gaps and enhance outcomes for foreign nationals navigating the Malaysian criminal justice system, while establishing a new benchmark for collaborative efforts in safeguarding their rights.

The training brought together a diverse group of 52 participants, representing a broad spectrum of stakeholders in Malaysia’s legal and human rights community. Among them were 41 lawyers at various career stages, from early-career practitioners to seasoned attorneys. The event also welcomed 11 key stakeholders, including consular officials from the United States, France, and Indonesia, as well as prominent civil society organisations such as the Anti-Death Penalty Asia Network (ADPAN), Amnesty International Malaysia and the North-South Initiative. Malaysia’s National Human Rights Institution (NHRI), SUHAKAM’s participation further strengthened the multi-stakeholder approach, with both its Commissioner and the Secretary of the Complaints and Detentions Monitoring Unit actively contributing to discussions on improving conditions and legal protections for foreign nationals in Malaysian prisons. The balanced gender representation, with 28 women alongside 24 men, contributed to diverse perspectives and a more nuanced understanding of the challenges and potential solutions for protecting the rights of foreign nationals imprisoned in Malaysia.

The training consisted of four comprehensive sessions covering critical areas: an overview of foreign nationals imprisoned in Malaysia and consular protections under national and international law; best practices for legal representation at the pre-trial stage; strategy and best practices from trial stage to post-conviction; and immigration detention and deportation. This report synthesises the discussions and insights from the sessions, providing a narrative and analytical overview of the

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