A/HRC/11/30* safeguards are always provided to the detainees. Teresa Kok and Tan Hoon Cheng, were detained on 12 September 2008 for activities which could create unrest among citizens of various races and over reporting containing racist remarks, respectively. Teresa Kok was released unconditionally on 19 September 2008 when the authorities were satisfied that they had no case against her. Tan Hoon Cheng was released unconditionally on 13 September 2008 when the authorities found no valid reason to detain her under the ISA. The third person, Raja Petra, was detained under section 73(1) of the ISA for alleged continuous posting of “racially sensitive” material in his blog Malaysia Today. Nine days later, a ministerial detention order under section 8(1) of the ISA was issued to detain him for two years effective 22 September 2008. On 28 September 2008, Raja Petra’s counsel filed an application for a writ of habeas corpus in the High Court challenging the legality of his detention and seeking his release. On 7 November 2008, the High Court allowed the application. The Ministry of Home Affairs filed an appeal to the Federal Court on the decision made by the High Court. 53. The delegation of Malaysia provided information on efforts taken to improve the situation of children whose mothers were serving sentence or detained in prison, including in compliance with the United Nations Standard Minimum Rules for the Treatment of Prisoners. 54. Information was provided by the delegation that a remand order was mandatory after the initial 24 hours of detention. During the remand proceedings, the detainee could complain to the Magistrate of any ill treatment, and also about what had transpired during the initial 24 hours of detention. Any further detention was at the discretion of the Courts. The delegation stated that this clearly demonstrated Malaysia’s commitment to ensuring that the police did not condone such abuse and ill treatment of detainees by its own officers. 55. On the issue of the death penalty, Malaysia stated that, as a democratic state, the Government’s policy must take into consideration the views of the majority of the electorates and that the death penalty was seen as the ultimate deterrence. Death penalty was a sentence that could be passed only by the Superior Courts namely the High Court, Court of Appeal and the Federal Court. The latter two when exercising their appellate powers. It was only executed when all rights to an appeal had been exhausted and the right to pardon had been exercised. 56. Although the death penalty and corporal punishment were still applied for certain serious offences, Malaysia’s immediate concern was to abolish the imposition of death penalty and caning on children. The Ministry of Women, Family and Community Development was in the midst of preparing a paper to recommend to the Government to withdraw the sentence of caning for children. Malaysia was also in the midst of amending the relevant provision of the Essential (Security Cases) Regulations 1975 to abolish the imposition of capital punishment on children. 57. In response to questions on issues related to women’s and children’s rights, the delegation informed that an inter-agency committee had been established to address the implementation of the recommendations of CEDAW. The committee had embarked on a review of existing laws and legislation which were deemed discriminatory against women. The Committee was also finalising its study with regard to the proposal to withdraw Malaysia’s reservation to Articles 5(a) and 16(2) of CEDAW. 58. The delegation provided information on other recent developments. With regard to legislative measures, the Penal Code and Criminal Procedure Code were amended to provide stiffer penalties for rape and incest. The Government had also enacted the AntiTrafficking in Persons Act in 2007 which came into force in 2008 which specifically criminalizes the act of trafficking in persons, especially women and children, for the purpose of exploitation and also recognizes the rights of the victims as well as distinguishes 12 GE.09-16360