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
SUARAM

URGENT MEDIA RELEASE: 29 APRIL 2011 STOP POLICE BRUTALITY: ALLOW LEGAL ACCESS TO MUHAMAD ARIF BIN ABU SEMAH

SUARA RAKYAT MALAYSIA (SUARAM) LAWYERS FOR LIBERTY (LFL)

URGENT MEDIA RELEASE: 29 APRIL 2011

STOP POLICE BRUTALITY:
ALLOW LEGAL ACCESS TO MUHAMAD ARIF BIN ABU SEMAH

SUARAM and Lawyers for Liberty (LFL) was informed by a family member of Muhamad Arif bin Abu Semah, detained under the Emergency Ordinance (EO) since 19 March 2011 that he has been tortured badly under detention.

According to the family members and friends, Muhamad Arif has lost a lot of weight and is currently being denied access to his lawyers at the Rawang police station.

Laywer Edward Saw and Muhamad Arif’s family members went to the Rawang police station to meet him earlier today. When they arrived, the police refused to give Edward access to Muhamad Arif they had not received any instructions from IPD Gombak. Edward tried to negotiate with the police officers, but was unsuccessful. He was told to contact the officers from IPD Gombak.

Muhamad Arif’s family members only managed to spend 3 minutes each with him as the police had only allowed two family members in at a time. During one of these sessions, Fuqran, a family friend, was stopped by a plain clothes police officer, asked his identity card, had his hands restrained and was pulled him out of the room. This act shocked the family members present and the police officer disappeared without apology or explanation.

The continuing descent of the PDRM into lawlessness has been graphically demonstrated by the actions of the plain clothes officer who did not properly identify himself and acted with impunity. SUARAM and LFL condemn the brutal behaviour of the police officer and the silence of his fellow officers who did not stop or restrain him at all. This clearly illustrates the fact that the Malaysian police force is in need of an immediate and true reform.

SUARAM and LFL demands that the Inspector General of Police must:

a) Release Muhamad Arif immediately and issue a public apology to him and his family;
b) Take stern action, including criminal prosecution and disciplinary action against the policemen who assaulted and arrested Muhamad Arif and Fuqran;
c) Support the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC), to function as an independent, external oversight body to investigate complaints about police personnel and to make the police accountable for their conduct;
d) Stop the unjust practice of arresting and re-arresting under preventive detention laws;
e) undertake to respect the right of the people for unimpeded and free access to lawyers at all times;
f) Require the police especially those in plainclothes to identify themselves and display their authorisation when affecting their powers;
g) Support human rights education and training programmes, with a view of changing the attitudes and methods of law enforcement personnel.

Released by,

Nalini.E
SUARAM