IMMEDIATELY RELEASE 16-YEAR-OLD DETAINED UNDER SOSMA

Suara Rakyat Malaysia (SUARAM) condemns the detention of a 16-year-old under the Security Offences (Special Measures) Act 2012 in Jitra, Kedah.

The use of SOSMA in this instance is indefensible. As the individual in question is a minor, any arrest or detention must strictly comply with the Child Act (CA) 2001, as stipulated in Section 83. The police also contravened Section 84 of the CA, which mandates that a child be brought before a Court for Children within 24 hours of arrest. We urge the police to consider the circumstances of the arrest, whereby the 16-year-old adolescent was travelling in the same vehicle as her father. By choosing to bypass the domestic safeguards in favour of SOSMA’s 28-day pre-charge detention, the authorities have blatantly violated Malaysia’s international obligation under Article 37(b) of the Convention on the Rights of the Child, which prohibits the arbitrary and unlawful deprivation of liberty and mandates that the arrest of a child be used only as a measure of last resort.

Furthermore, by not complying with the CA, the police have effectively denied the minor her right to welfare access under Section 83(3) and legal counsel of her choice under Section 83(2)(c). Depriving her of these rights, compounded by the lack of judicial oversight during the prolonged 28-day pre-charge detention period under SOSMA, has removed the critical protective oversight necessary for a minor in custody. This has directly contributed to the deterioration of her health in custody as reported in Free Malaysia Today—marked by vomiting and skin allergies—without the immediate intervention of a parent, probation officer, or magistrate.

The arrest of the adolescent on the mere basis of association exemplifies the ‘arrest first, investigate later’ practice by the police. This case reinforces the urgent need for amendments to SOSMA that restore judicial oversight to safeguard against arbitrary deprivation of liberty and uphold the fundamental right to a fair trial.

In light of this egregious violations of child rights, SUARAM demands:

• The immediate release of the 16-year-old from SOSMA detention and her immediate transfer to a Social Welfare Department (JKM) shelter or the care of her mother.

• Immediate and unrestricted access to medical treatment by an independent medical professional to address the minor’s health condition.

• An unequivocal commitment from the Ministry of Home Affairs to ensure that no child is to be arrested or detained under SOSMA, with a directive for strict compliance with the Child Act 2001.

• The tabling of SOSMA amendments without delay in the current Parliamentary sitting. These amendments must include the repeal of Section 4(5)—which provides for the 28-day pre-charge detention period—or, at the very minimum, the restoration of judicial oversight.

  
  

In solidarity,

Azura Nasron (Executive Director at SUARAM)