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Wednesday, April 5, 2023

Rights group enraged over inaction on 'animal torture porn'

An animal rights group has expressed their disappointment over the seeming lack of action over an individual who allegedly tortured a baby long-tailed macaque to generate followers and income on social media.

This comes after a police report on the perpetrator was said to have been classified as No Further Action (NFA).

Lawyer Rajesh Nagerajan, who represents Hak Asasi Hidupan Liar Malaysia (Hidup), relayed the matter to Malaysiakini after receiving a letter from the Shah Alam district police headquarters yesterday.

He said, according to the letter, the police referred an investigation paper to the deputy public prosecutor on March 30, after which the police were instructed to classify the case as NFA.

As such, the group vowed to appeal the case to the Attorney-General’s Chambers (AGC).

“We are disappointed with the deputy public prosecutor’s decision to order the police to classify (the case as) no further action. We’re writing in to AGC asking for the reasons for the NFA.

“In the event AGC fails to give reasons or gives reasons that are unacceptable then we have directions to file a judicial review to challenge AGC’s decision. We will challenge Article 145(3) of the Federal Constitution,” he said.

Article 145(3) of the Federal Constitution grants powers to the AGC to institute, conduct, or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court, or a court-martial.

Hidup lodged a police report over the matter on Jan 20, urging the police to take action against the individuals involved after receiving a tip-off from an international animal rights group.

Based on the information she received, the alleged perpetrators recorded footage of them torturing the animal and sold the recording on a Telegram group called ‘Monkey Haters’.

The animals were allegedly hit with blunt objects or tortured to the extent that they were shrieking in pain.

Protected species

The long-tailed macaque is listed as a wildlife species protected under the Wildlife Conservation Act.

Torturing wildlife protected under this act is punishable with a fine of not less than RM5,000 and not more than RM50,000, or imprisonment of up to one year, or both.

The Animal Welfare Act 2015 on the other hand, may fine individuals found guilty of animal cruelty between RM20,000 and RM100,000, or jailed up to three years, or both.

Lawyers acting on behalf of Hidup claimed on Feb 15 that the police failed to act on the report they lodged the month prior.

This was denied by the police, who said they were ordered to conduct follow-up questioning to complete the investigation.

After receiving no follow-up information regarding the case, Rajesh wrote to the police, asking for the status of the investigation.

The Shah Alam police responded yesterday saying the case was classified as NFA.

Despite their seeming abundance in Malaysia, long-tailed macaques are an endangered species worldwide and their numbers are decreasing, according to the International Union for Conservation of Nature (IUCN).

The population is suspected to have undergone a decline of about 40 percent in the last 40 years, and is expected to decline a further 50 percent in the next 40 years, the IUCN said. - Mkini

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