It was a reported a few days ago that an aide to the Muar MP, Syed Saddiq Syed Abdul Rahman, alleged in a press conference that she was harassed by officers from the MACC.
The aide, Siti Nurul Hidayah (above), claimed that MACC officers shouted vulgar words to her and threatened to physically assault her. She also claimed that the officers ordered her to stand on one leg and raise both hands for 30 minutes.
The press conference garnered public attention. After the MACC’s image which went through a recovery stage during the Pakatan Harapan administration, what was said to have happened to Siti Nurul was worrying.
Many raised alarm bells of a return to the "dark days" of old, when state institutions were abused for political purposes.
The MACC has denied the allegations. A police report has been lodged, and it is hoped that a transparent and free investigation will be conducted by the relevant authorities.
At the same time, the issues surrounding the allegations are hotly discussed. Many want to know what their rights are when arrested by the authorities, or when called upon to assist investigations.
What is important to distinguish at the outset is the difference between a suspect of a crime and a witness who may assist investigations. Both may be asked to give statements, but there is a difference between how they would be asked to do so.
For a witness, the authorities will usually contact and request the person to attend a location to give a statement. A notice will be issued and the person asked to attend must comply. Failure to do will result in further action to compel attendance.
However, for suspects, they will usually be arrested for investigations. They will then be remanded and while in remand they will be interrogated and be asked to provide a statement.
It must be stressed that circumstances whereby a person is prevented from moving freely, asked to go to the police station or confined to a room, would all effectively amount to an arrest.
It matters not whether the arresting person denies the arrest or otherwise. As such, a person who feels that he or she is arrested should inquire as to whether he or she is arrested.
An arrested person has several rights which are guaranteed. These include the right to be informed of the grounds of the arrest. The person making the arrest must inform the arrested person why he or she has been arrested.
Another important right is the right to consult a lawyer. This right is constitutionally guaranteed, and it can only be delayed and not denied.
Make no mistake. We all want the authorities to deal with crimes in the country. In this regard, we must give due support to the authorities, whether they be the police, MACC or other bodies.
The vast majority of officers in these bodies carry out their duties honestly and diligently.
But at the same time, those who have been conferred powers must use the power given within the framework which has been allowed.
The small few who transgress the boundaries of jurisdiction and power must be brought to justice.
To those dealing with the authorities, always remember that as citizens of this country we have certain rights and if our rights are violated there will be avenues to seek remedy from the violators.
SYAHREDZAN JOHAN is a civil liberties lawyer and political secretary to Iskandar Puteri MP Lim Kit Siang. - Mkini
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