PETALING JAYA: The reported rape of a 16-year-old girl in the Miri police station lock-up has led to many calling for a review of detention rules and abuses in police custody.
Batu Kawan MP Kasthuri Patto said in a statement that in the first place, police should know it is in their standard operating procedures that children are not allowed to be detained in a police lock-up.
The victim was arrested by police for alleged involvement in illegal online gambling activities.
She was reportedly raped by a male detainee in the lock-up on Jan 9. The victim and her father lodged a police report on Saturday.
Meanwhile, Human Rights Commission of Malaysia children’s commissioner Prof Datuk Noor Aziah Mohd Awal told theSun that if the procedures were properly followed, the victim would not have been raped.
“Section 83 of the Children’s Act states that a child upon arrest must be brought before the court for children or magistrate’s court within 24 hours,” she said.
She pointed out that no child should be detained while waiting trial unless he or she committed a grave crime such as murder where releasing the child might defeat the purpose or justice, or if the child would be in danger or at risk of mixing with an unwarranted group.
But if children were to be in a lock-up, they must be separated from adults. In the case of a female child, there must always be a female officer.
Noor Aziah said all police stations must be equipped with a proper lock-up for children.
The Independent Police Conduct Commission Bill needs to be passed as it provides a check and balance on the conduct of the police, she added.
Human rights non-governmental organisation Eliminating Death and Abuse in Custody Together said there has been a violation of procedure by police.
Its executive director, Khalid Mohd Ismath, said pursuant to Section 85 (b) of the Children Act 2011, “a juvenile detained in a
lock-up shall be cared for by at least one female officer”.
“According to the report made by the victim, the cell she occupied was not taken care of and could even be opened by other detainees,” said Khalid.
He added that if this were true, then the police must be held accountable for negligence and misconduct against the victim as well as disobeying the instructions contained in the Child Act 2011.
Another infringement is that there was no need for the police to detain a minor for a long period of time.
“For non-serious cases, the police should only interrogate the child in an investigation room and there is no need for the child to be placed in a lock-up.”
Khalid said failure of the police to ensure that there is no association between the child and the adult detainee is contrary to the requirements of Section 85 (a) of the Child Act. “The establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) must be expedited,” he said.
Khalid noted that the government’s delay in implementing the IPCMC has a negative impact on the credibility and integrity of the force.
