Tubuhkan badan bebas untuk pendatang lapor polis korup

Source: FMT News

Tenaganita dakwa anggota polis menyasarkan dan memeras wang dari mangsa yang sama sambil mengancam akan menghantar mereka pulang. Gambar dipetik dari FMT News.

PETALING JAYA: Kerajaan perlu menubuhkan badan bebas untuk pendatang asing melaporkan anggota polis korup yang memeras mereka, kata Tenaganita.

Pengarah Aegile Fernandez kata pendatang asing sering menjadi mangsa anggota polis yang melakukan pemeriksaan tidak sah di mana banyak kes membawa kepada pemerasan wang.

“Perlu ada saluran bebas yang jelas untuk mangsa membuat laporan,” kata Fernandez kepada FMT sambil mencadangkan pendatang asing merujuk kepada Suhakam sebagai saluran untuk membuat laporan.

Fernandez mengulas kes 3 polis peronda yang dikenakan tindakan disiplin selepas dimarahi ketua polis negara yang mengesan mereka melangkaui kuasa dengan memeriksa seorang pendatang asing wanita. 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

The police are not thugs — Azrul Mohd Khalib

Source: The Malay Mail Online

BY AZRUL MOHD KHALIB

opinion-clipart-k12118272SEPTEMBER 21 — The news that a former journalist, his wife and children had been threatened and intimidated at their home by plainclothes police officers in the late hours of the night shocked many of us who heard about it.

Their general conduct during this episode as described by Sidek Kamiso’s wife, Norlin, begs the question whether those involved were acting as law enforcement officials or thugs.

Surely it cannot possibly be the latter. But then, how else can one explain the behaviour of unknown individuals who were not in uniform, not clearly showing official police identification, not having a warrant, banging on the front door demanding entry?

Would you open the door? To persons who come in the dead of night claiming to be police but show no visible sign of being one?

There are many creative and innovative criminals today who could take advantage of our often blind obedience to people claiming to be with authority, speaking in loud and rude voices, and pushing themselves around. We could be robbed instead.

Citizens should be protected from unlawful entry and search of their private homes. Which is why a warrant is necessary. Read more

Lawyers: Ex-journo can sue cops over illegal arrest, trespass in pre-dawn raid

Source: The Malay Mail Online

Lawyer Syahredzan Johan ― MMO File pic

Lawyer Syahredzan Johan ― MMO File pic

KUALA LUMPUR, Sept 21 ― Former journalist Sidek Kamiso can sue the police for unlawfully arresting him and trespassing into his house in the wee hours of the morning over an alleged Twitter insult, lawyers have said.

Civil liberties lawyer Syahredzan Johan said Sidek could file a civil lawsuit against the police for breaching his constitutional rights by arresting him without a warrant for an alleged breach of the Communications and Multimedia Act (CMA) 1998.

“When we talk about unlawful arrest, it means your personal liberty has been violated, your freedom has been denied ― that’s the consequence of unlawful arrest,” he told Malay Mail Online when contacted yesterday.

He pointed out that Section 258 of the CMA says that a police officer may arrest with a warrant for offences under the same law, further highlighting that it appears that no investigation has been conducted by internet regulator, the Malaysian Communications and Multimedia Commission (MCMC), first before the police arrest as required.

Syahredzan was hesitant to describe the arrest as amounting to an abuse of power that can be challenged through a misfeasance lawsuit, but said the police’s actions in Sidek’s case fall outside of their powers under the CMA.

“If they can show there is an abuse of power, if there’s proof of that, maybe misfeasance of power but of course it would be difficult to prove. When you talk about abuse, you have to show deliberate intent, it must not be like a honest mistake,” he said.

Even with the police’s general powers to make arrests without warrants, they can only do so for offences that are listed as seizable offences in the Criminal Procedure Code, namely those where the maximum jail sentence is three years and above.

But for offences like the commonly-used Section 233 of the CMA with a maximum jail term of one year, the police need a warrant when making arrests, he said. Read more

Know your rights: What to do when a policeman stops you?

Malaysia Polis - AFP pic

Malaysia Polis – AFP pic

Many Malaysians do not know their rights when they have to deal with police in Malaysia. It is important that we know what these rights are to better protect ourselves. Below are your legal rights when you are stopped and questioned by the police as provided by the Malaysian Bar Redbook pamphlet.

1. POLICE STOP YOU

1.1 Not in uniform, ask for identification

Say: “Please, show me your Police authority card“.

1.2 Police authority card

Red : Suspended Police Officer. He has no authority to do anything to you. Walk away.

Other colours:

• Blue : Rank of Inspector and above

• Yellow : Below the rank of Inspector

• White : Reserve police

Note his name and Police authority card number.

1.3 In uniform

Note his name and ID number on his uniform.

Note the number plate of the patrol car or motorcycle.

2. POLICE QUESTION YOU WHEN STOPPED

2.1 Your identification

Only give your name, ID card number and address.

2.2 The police ask other questions

Politely ask, “Am I under arrest?”

2.3 When you are under arrest

You are arrested if the Police:

• tell you “yes”;

• do not allow you to leave/want to take you to the Police Station; or

• handcuff you.

If you are not under arrest, you may walk away/refuse to follow him back to the Police Station or anywhere else, if asked.

2.4 When you cannot be arrested

The Police cannot arrest you just because you are a potential witness and they want to take a statement from you (Witness/112 Statement). Read more

PDRM is not a tool for political crackdown – Sevan Doraisamy

Source: Malaysiakini

BY SEVAN DORAISAMY

Suara Rakyat Malaysia (Suaram) strongly condemns the arrest of youth activists and political leaders in the past week and the threats issued by the inspector-general of police against opposition Members of Parliament.

The arrest of Shazni Murni and Shukri Kamarudin under the Sedition Act 1948; the arrest of Muhammad Zhafran under Section 504 of the Penal Code; the arrest of YB Rafizi Ramli under the Official Secrets Act 1972; and the arrest of YB Chan Ming Kai under Section 186 of the Penal Code can only be described as the start of a political crackdown against youth activists and political leaders.

There is no legitimate justification for the arrest and the detention of these individuals. The Royal Malaysian Police (PDRM) as the keeper of peace and security should not be exercising their power for political reasons as they have in these cases. Read more

Rafizi nabbed under OSA over claims against LTAT

Source: The Star Online

KUALA LUMPUR: PKR vice-president Rafizi Ramli has been arrested under the Official Secret Act (OSA) to facilitate investigations over claims he made against Armed Forces Fund Board (LTAT).

The Pandan member of Parliament was arrested in front of the Parliament gate here at about 6.20pm yesterday as he was leaving the Parliament House, and taken to the federal police headquarters in Bukit Aman.

Inspector-General of Police Tan Sri Khalid Abu Bakar tweeted that Rafizi was arrested under the OSA, but did not provide further details.

“@PDRMsia (the Royal Malaysia Police) confirms YB Rafizi Ramli was arrested a short while ago, outside Parliament House and will be investigated under Section 8 of the Official Secrets Act (OSA) 1972,” he tweeted yesterday. Read more

5 Orang Asli lodge complaint with Bukit Aman after Perak police turn them away

Source: The Malaysian Insider

Orang Asli representatives outside the Bukit Aman police headquarters in Kuala Lumpur to lodge a complaint about the shooting incident by an assemblyman. – The Malaysian Insider pic by Nazir Sufari, January 26, 2016.

After being barred by Perak police from lodging a report, a group of Temiar Orang Asli from the state filed a complaint with the police disciplinary board at the Bukit Aman police headquarters in Kuala Lumpur today.

One of the Orang Asli, Anjang Aluej, said the villagers from Kampung Sungai Papan had wanted to lodge a report against an assemblyman for firing his gun into the air while on a visit to their village on January 19.

The assemblyman had gone to the village to observe the installation of a generator and had fired the shot without any provocation.

Five villagers, including three witnesses to the incident, then went to lodge a police report but were turned away at the Gerik police station and again at the Lenggong police station. Read more