Primer for lawyers representing foreign prisoners in Malaysia
Date.29 Sep, 2024
Like most countries in the world, foreign nationals are disproportionately represented under Malaysia’s criminal justice system. The challenges faced by foreign nationals coming into contact with the criminal justice system are different and often more severe – language barriers, limited family contact, discrimination and bias, degrading treatment, and a lack of understanding of laws and procedures. They may also be subject to immigration procedures – such as deportation. At the same time, foreign nationals are entitled to special rights such as access to consular support and assistance from their respective missions or embassies, access to legal representation, and right to be informed of the charges against them in language they understand. Navigating the criminal justice system in Malaysia, while offering the best possible representation to a foreign national can be particularly challenging for lawyers. This primer is intended for lawyers in Malaysia who are currently representing foreign nationals or are interested in representing foreign nationals who come into contact with the criminal justice system. It is also designed as a resource for diplomatic missions and embassies in Malaysia providing consular assistance to their nationals. The primer can also be used by human rights activists, civil society organizations or government officials interested in understanding the rights and standards that may apply to foreign nationals under the criminal justice system of Malaysia. The primer is not intended to be used as a legal treatise or bench book. It provides legal arguments and strategic guidance that can be used to plan and provide the best possible representation to a foreign national. It is structured to be user-friendly, allowing lawyers to quickly find the information they need. Practitioners are encouraged to use this manual as both a reference tool and a step-by-step guide, ensuring that they can provide the highest standard of legal representation to foreign nationals. Whether you are preparing for an initial consultation, navigating complex procedural issues, or seeking guidance on ethical dilemmas, this manual is an indispensable resource designed to support you every step of the way.