KUALA LUMPUR – While there are established procedures allowing authorities to detain individuals to assist with investigations, some claim these powers are often misused.
Speaking to Scoop, two individuals recounted their experiences of being detained by police without ever being charged with an offence. They requested anonymity, given the circumstances.
Rights ignored
Alvin, 45, a member of a political party and a former local authority councillor, was managing a food and beverage establishment when he was arrested.
His ordeal began when authorities raided his business and found two undocumented migrant workers on the premises.
“I was at home when I received a call from the authorities to head over to the nearby police headquarters. I went willingly to assist, but I was handcuffed and brought to detention,” Alvin told Scoop.
Police were investigating Alvin under Section 55B of the Immigration Act 1959/63 for employing persons without valid passes.
Despite the right to inform someone of their arrest or consult a lawyer under Section 28A of the Criminal Procedure Code, Alvin claims these rights were ignored.
Alvin recalls being given a yellow form outlining his rights, including the right to inform someone or call a lawyer.
“The paper is just a paper. They don’t explain it, they just tell you to sign,” he said. He was not allowed to contact anyone.
Brought before a magistrate the next day, police requested a four-day detention to continue their investigation. The court granted only three days.
During this period, Alvin was still not permitted to contact anyone. Before the end of the three days, police sought a further three-day extension.
Fortunately, legal aid lawyers on duty allowed Alvin to inform a sibling, and the magistrate granted only a one-day extension after the lawyer objected.
Alvin believes his detention was unnecessary given his willingness to cooperate from the start.
“I showed up with all necessary documents and cooperated fully,” he added.
‘I knew I was innocent’
Similarly, Gary, 28, recounted his experience of trying to break up a fight between friends, involving a foreign individual with his girlfriend.
Despite explaining the situation to an auxiliary policeman and providing his details, Gary was later implicated when the foreigner’s car was damaged, and police suspected his involvement.
Gary was summoned to the police headquarters, accompanied by his father, who vouched for Gary’s alibi. Nevertheless, Gary was arrested and detained.
The magistrates’ court granted a two-day remand, which was later extended by only one day due to the intervention of a legal aid lawyer.
Gary was released after almost four days without any charges.
“When they called me to the police station, I knew I was innocent, which is why I went in the first place.
“For those days in detention, I could have used that time to make a living, but police said that is their protocol,” Gary explained.
The testimonies of Alvin and Gary come amid recent legal battles exposing unlawful arrests and detentions.
Concerns valid?
On May 18, a sessions court awarded RM145,000 in damages to Dr Ranjeet Singh for unlawful arrest and rights violations.
Similarly, the federal government is appealing against a decision that found it responsible for the unlawful arrest of e-hailing driver Habibullah Che’ Gharani.
Concerns are mounting among legal circles regarding the treatment of individuals detained in police custody, with lawyers highlighting cases where suspects are deprived of informing their families or accessing legal counsel.
Further highlighting the issue of detainee rights, at least 40% of individuals were without legal representation when they were charged with capital offences, according to Amnesty International Malaysia.
The human rights watchdog said its data was based on media monitoring of 50 cases from July 2023 to January 2024.
Recent developments in the case of the murdered autistic boy Zayn Rayyan Abdul Matiin have also drawn public attention.
While the new lawyer for Zayn’s parents, Zaim Ikhwan Zahari and Ismanira Abdul Manaf, can meet with his clients, Selangor police chief Datuk Hussein Omar Khan recently said police retained discretion over the timing of these meetings.
This statement followed lawyer Fahmi Abd Moin’s revelation that he only met his clients for the first time during a court proceeding to extend their remand order. Fahmi had previously sent several letters requesting access to his clients, which went unanswered.
Hussein said the extended remand period was deemed necessary to verify certain discrepancies and further investigate contradictory statements from witnesses, including family members and a former babysitter.
Zayn’s parents were first arrested on May 31 and remanded for seven days starting June 1. The magistrates’ court recently approved an additional six-day remand. – June 22, 2024
