Continue Chain Remand against Minor an Attempt to Hide Brutality Inflicted on Detainees? EAIC & SUHAKAM Must Intervene and Investigate!

Suara Rakyat Malaysia (SUARAM) strongly condemns the rearrest of two minors, Kanapathy A/L Perathapan (16 years old) and Ang Kian Kok (16 years old) who were arrested with Balamurugan – the victim of police brutality that succumbed to his injuries on 8th February 2017; and the physical violence inflicted upon them in detention.

The practice of rearrest and chain remand represents a blatant abuse of power by the Royal Malaysian Police and it is an infringement of an individual’s fundamental human rights both under the Federal Constitution of Malaysia and the Universal Declaration of Human Rights. This practice exploits the existing loopholes and abuse the remand proceeding in order to unlawfully detain a person under the veil of legality.

On top of the violation of rights in this regards, detainees has also repeatedly reported that they were beaten and tortured in detention to their parents and to the presiding magistrate court judge. While the magistrate court has thus far rejected all application for extension of remand. The initial remand granted by the magistrate court for each re-arrest despite element of re-arrest and police brutality in detention is disappointing to say the least. The courts should have taken into account for the welfare of minors and elements of human rights violations in granting the remand orders. In the interest of the welfare of the two detained minors, no further remand orders should be granted by the magistrate court.

There is no legitimate reason nor any reasonable justification for the continued detention of Kanapathy and Ang except to punish them and silence them for potentially witnessing the brutality inflicted on Balamurugan. The continued detention through such underhanded means only serve to strengthen this view and further incriminate the Royal Malaysian Police as an institution that permits violence in detention and protect those who murder detainees in cold blood.

Furthermore, reflecting upon Malaysia’s commitment to the United Nations Convention on the Right to the Child and the Malaysian government’s obligation to protect the welfare of children, the treatment of Kanapathy and Ang marks a failure of the Malaysian government and a betrayal of its commitment and obligations to protect and uphold the rights of the child. The duty to protect the rights of the child falls upon all government agency and institution including the judiciary and a failure of this magnitude must not be allowed to continue.

SUARAM strongly condemn this unconscionable act by the Royal Malaysian Police and all government quarters involved that enable the continuation of ill treatment against the two minors and call for their immediate release and the suspension of officers involved!

SUARAM also call on SUHAKAM and EAIC to immediately investigate into the misconduct of the Royal Malaysian Police against Kanapathy and Ang; and to help ensure the physical wellbeing and safety of the two from further physical violence and abuse.

In Solidarity
Sevan Doraisamy
Executive Director