Rights group Suaram and lawyers have condemned what they described as serious breaches of due process after two minors were detained under the Security Offences (Special Measures) Act 2012 (Sosma).
Representing one of the detainees, lawyer Farida Mohamad said she was only permitted to meet her client for 15 minutes, with the session closely monitored by investigating officers.
Farida, who is also a Suaram director, described the arrangement as inadequate for proper legal consultation and said the short, timed meeting made it difficult for lawyers to obtain full details from their clients.
“I believe this is not the logical way to go about things. It is a kind of mockery because it seemed like the police allowed the meeting just for the sake of doing it, but it was not an effective consultation.
“I was also informed that there was intimidation towards my client while he was detained and investigated,” she said during a press conference in front of the federal police headquarters in Bukit Aman, Kuala Lumpur, today.
Farida (above) claimed the teenager appeared frightened during their meeting and alleged that her client was pressured to confess and cooperate or risk being detained for a longer period.
Earlier this week, Suaram executive director Azura Nasron claimed that at least six teenagers are being held by the federal police under Sosma.
They included two 17-year-olds who were reportedly arrested at their homes in Alor Setar and Langkawi in Kedah last month and were brought to Bukit Aman for investigations.
Speaking today, Azura said the detention of the minors under the security law contradicts provisions in the Child Act 2001, which recognises anyone under 18 as a child.
“As we are aware, Sections 83 and 84 of the Child Act state that children are not allowed to be detained under any other Act other than the Child Act,” she noted.
She demanded police release the minors immediately, as their prolonged detention raises concerns over the children’s welfare.
Questions raised on handling of minors
Another lawyer involved in the case, Shashi Devan, questioned the rationale of using Sosma against minors, saying investigations should follow procedures under child protection laws.
He emphasised they are not opposed to the investigation, but stressed that it must be in accordance with the proper laws and procedures.
“But you don’t abuse the law by using such draconian provisions on children. As it is, we are saying that using it on adults is already bad enough. Now they’ve taken it one step further and use it on children.”
Shashi, who is also a Suaram director, pointed out that the arrest of the minors was not conveyed to the Social Welfare Department, which is a required procedure for child detainees under the Child Act 2001.
He said lawyers will engage the Social Welfare Department to ensure all safeguards and procedures required under the law are followed.
“Now we have to go back to the drawing board and come up with our strategy on how we want to attend to this case.
“We don’t have a concrete plan (as of now). But yes, whatever procedures that are yet to be followed, we will make sure that they're followed,” he said.
Uncertainty around arrests, charges
Shashi also urged authorities to ensure that lawyers are given sufficient notice if the minors are to be charged in court, stressing that last-minute notification would make it difficult for the legal team to represent their clients effectively.
He said the lawyers had already cautioned the investigating officer against informing them late at night and proceeding with court action the next morning.
He highlighted that part of the investigation had already been completed, with electronic devices such as mobile phones and laptops confiscated by the authorities.
“We have placed ourselves on record, and the right thing to do is to give us enough time to present ourselves, knowing that we are from Kuala Lumpur.”
The press conference by the lawyers came shortly after the police announced the arrest of six individuals, including three minors, for allegedly attempting to revive the ideology of the militant group Islamic State (Daesh).
Inspector-General of Police (IGP) Khalid Ismail said the suspects were all local males aged 16-21, with three being minors, Bernama reported.
The group was arrested in a special operation conducted by the police’s Special Branch on Feb 14 and 15 across several locations, including the Klang Valley, Kedah, Johor, and Terengganu.
“More concerningly, they were detected planning attacks on strategic targets, including police stations, key government locations, and public interest facilities within the country,” he was quoted as saying.
Suaram and the lawyers were unable to determine whether the minors in their case were arrested in the same operation. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.