Allowing army to arrest MCO offenders dangerous, says rights group

 

The government said yesterday the armed forces can take action against MCO offenders without the presence of police.

PETALING JAYA: Lawyers for Liberty (LFL) has expressed concern over the government’s decision to give the armed forces the power to detain and take action against those found violating the movement control order (MCO).

In a statement, LFL coordinator Zaid Malek urged Putrajaya to reconsider this move, saying there is valid concern that this could lead to excessive force or other abuses that would infringe on civil liberties.

He said the government has not justified the need to grant this power to the army, adding that this authority should only be exercised by police officers.

“The armed forces are trained for combat in armed conflict against foreign invaders and are ill-equipped to deal with civilian arrest. Army personnel must only be utilised to assist police officers in ensuring MCO compliance, as they have done throughout the MCO last year.

“Even though the minister stated that such powers were given by way of an ‘Emergency Ordinance’, he failed to clarify whether any ordinance has already been promulgated nor has he disclosed details of any such ordinance.

“Be that as it may, the government must be reminded that Article 150(2B) of the Federal Constitution has limited the enactment of any ordinance to only when there exists a circumstance that necessitates its immediate creation,” he said.

Zaid maintained that MCO offenders should be treated according to the law and have their rights protected at all times, and not treated as enemies.

He cited a video that went viral late last year of an army personnel abusing migrant workers supposedly to have breached their quarantine, saying this was a “snippet of the possibility” that could occur to civilians.

“While we do not suggest that all military personnel have conducted themselves in such a manner, the concerns raised by such incidents are very real.”

Yesterday, senior minister for security Ismail Sabri Yaakob said armed forces personnel now have the power to detain and take action against those found violating the MCO.

He said that the Emergency Ordinance provides similar authority to the police and military, which would help efforts to manage the Covid-19 crisis better. - FMT