Free minors held under security law, say parents, groups

Source: The Malaysian Insight

Sevan Doraisamy, Suaram, The Malaysian Insight pic by Kamal Ariffin, December 1, 2017.

Suara Rakyat Malaysia executive director Sevan Doraisamy says the Prevention of Crime Act is clearly a tool for the police to arrest a person without conducting a proper investigation. – The Malaysian Insight pic by Kamal Ariffin, December 1, 2017.

WHILE most 16-year-olds are going to school and enjoying life with family and friends, Ang Kian Kok spends his days lying down in his room or watching TV at home.

Ang never sets foot outside his home for two reasons: shame and fear. He is ashamed of the electronic monitoring device (EMD) he wears on his ankle which brands him as a detainee, and he is afraid of of getting arrested again if he should stray out of the 10km radius he is confined within.

The teenager was caught breaking into cars and in possession of stolen items.

Ang is one of 142 juveniles who have been arrested under the Prevention of Crime Act (Poca). He was earlier this year detained for 60 days, after which he was placed under Restricted Residence, which requires him to wear the EMD for two years. Read more

No need to arrest Sidek Kamiso twice, says Bar Council

Source: The Star Online

Malaysian Bar Council vice-president George Varughese. Pic by The Star Online.

Malaysian Bar Council vice-president George Varughese. Pic by The Star Online.

PETALING JAYA: There was no need to arrest former journalist Sidek Kamiso for his tweet and seek a four-day remand order, said Malaysian Bar Council vice-president George Varughese (pix).

On Sept 19, Sidek was arrested under Section 233 of the Communications and Multimedia Act 1998, which criminalises online content deemed offensive for his comments over the death of PAS spiritual adviser Datuk Dr Haron Din.

The second arrest took place on Sept 29 when Sidek was asked to go to Dang Wangi police station to record a statement for an alleged offence under Section 298A of the Penal Code, which punishes those who cause religious disharmony.

“The police could have called Sidek Kamiso in for questioning, as was done on Sept 29, 2016.  Moreover, since the alleged offences arise from the same tweet, the police ought to have had sufficient information after the first arrest to determine the veracity of any subsequent complaint.

“The second arrest appears to have been unnecessary. Although the two arrests were for two different offences, both arrests were premised on the same tweet,” said Varughese in a statement on Monday.

Read more

The Police Must Not Misuse Investigative and Detentive Powers — Malaysian Bar

Source: Malaysian Bar

 

Press Release

The Police Must Not Misuse Investigative and Detentive Powers

Logo-majlis-peguam-malaysia-malaysian-bar-councilThe Malaysian Bar is perturbed by the arrest of Sidek Kamiso and the handling of the police investigations against him for an allegedly insulting tweet on 16 September 2016, purportedly concerning the death of PAS spiritual leader Datuk Haron Din.

Sidek Kamiso was initially arrested at 4:30 am on 19 September 2016 at his home in Petaling Jaya for an alleged offence under Section 233 of the Communications and Multimedia Act 1998, which criminalises online content deemed offensive.  In the pre-dawn raid, four policemen in plain clothes and in an unmarked vehicle allegedly jumped over the gate of Sidek Kamiso’s house and repeatedly banged on the front door before gaining entry.  The policemen then searched his house in his wife’s presence, while their children — aged 10 and 14 — and a guest aged 12 locked themselves in another room fearing a robbery due to the commotion that ensued during the search.  This episode left the entire household, including the young guest, in fear, shock and disbelief.

After the search, Sidek Kamiso was instructed to get into the unmarked vehicle and was handcuffed en route to a police station on Jalan Tun Razak.  He was only allowed to make a brief call to his wife at about 10:30 am.  Thereafter, he was taken to Johor Bahru and produced in court at about 3:00 pm, during which time the investigating officer applied for a 4-day remand order, ostensibly so that the police could continue with their investigations.  However, the Magistrate refused the remand application, on the grounds that it was an abuse of the court process. Read more