13-year-old Rohingya boy remanded, charged with flouting MCO rules

CORONAVIRUS | A 13-year-old Rohingyan boy was arrested and remanded for seven days by the Ampang Jaya police for allegedly flouting the movement control order (MCO).

According to his lawyer Collin Arvind Andrew, the boy was charged in court yesterday. 

Collin told Malaysiakini that he was puzzled why the police had to remand the boy for a week.

The lawyer said he had only met the boy right before he was charged at the Magistrate's Court in Ampang yesterday, after he was alerted to the case by the United Nations High Commissioner for Refugees (UNHCR).

"One thing to note, he was not charged with any immigration offence or such. He is at present registered with the UNHCR.

"Considering his status as a child, the detention ought to have been the last resort. Alternatives such as the issuance of a police bail may have been warranted in the circumstances," said Collin.

He said his client, who can't be named as he is a minor, was arrested by police not far from his house in Pandan Mewah at about 6.30pm on April 15.

According to him, the boy was taken into custody before he was remanded for seven days to facilitate investigation for violating the order.

Collin also claimed that the boy was handcuffed together with other adult detainees when he was brought to the court yesterday morning.

He said the police personnel who guarded the detainees removed the handcuffs from his client only after being told that it was wrong to do so.

"However, it should have not happened in the first place. There are provisions under the Child Act that underage children cannot be handcuffed and should be separated from other adult detainees."

Collin said the boy was charged yesterday under Section 3(1) of the Prevention and Control of Infectious Diseases (Measures Within The Infected Areas) Regulations 2020, to which he pleaded guilty.

The magistrate ordered for a moral report to be prepared by the Welfare Department before meting out punishment, and issued RM500 bail with two sureties on the accused.

Take another approach in cases involving children

Meanwhile, child activist Hartini Zainudin urged the authorities to be more lenient when handling cases involving children.

Posting on Facebook about the case yesterday, Hartini said the boy has no father and the mother could no longer earn due to the MCO.

She claimed that the boy had no choice but to leave his house out of desperation for the sole purpose of earning an income.

Hartini said the boy was released yesterday after two Malaysians posted the RM500 bail imposed by the magistrate.

"If you can help, please tell the police to be a bit more lenient with children. Police could have just issued the boy a verbal warning and release him.

"Tell the Attorney-General's Chamber to issue a directive not to prosecute any children under these circumstances during and after MCO. If charges have been pressed against the children, please withdraw it.

"Let’s stop this. Just stop it. Children must not be handcuffed. We need another approach to address the issue of minors who violate MCO. Especially those who are vulnerable. You cannot handcuff children for these kind of charges. You cannot place them with adults," she said.

When contacted, Ampang Jaya district police chief Noor Azmi Yusoff declined to comment on the case and the allegations that police had handcuffed the minor.

However, he said that the lawyer and activist who raised the issue can lodge a police report, or put in a written request.  - Mkini