The children’s commissioners refer to the media conference held by the inspector general of police on 6 March concerning the detention of six individuals under the Security Offences (Special Measures) Act 2012 (Sosma), including three children, following a special operation conducted on 14–15 February.
The children’s commissioner of Suhakam wishes to state that the detention of children under Sosma contravenes Section 84(1) of the Child Act 2001, which requires that a child who is arrested must be brought before the Court for Children within 24 hours.
Furthermore, Section 83(1) expressly provides that the Child Act prevails over all other laws relating to the arrest, detention and trial of children.
The failure to observe this overriding safeguard constitutes a clear violation of the child’s rights.
The office of the children’s commissioner of the Malaysian human rights commission, Suhakam, received a complaint regarding the matter on 26 February and issued notifications on 2 March and subsequently on 5 March to the police, informing them of its intention to visit the children concerned in order to ensure that their rights while under police detention are protected.
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These notifications were made pursuant to the powers of the children’s commissioners under Section 4(2)(c) and (d) of the Human Rights Commission of Malaysia Act 1999.
The same act further provides that such visits shall not be prevented, provided that the procedures prescribed by the laws governing the place of detention are complied with.
Despite the police being in communication with the office of the children’s commissioner regarding this matter, access has yet to be granted.
The children’s commissioners express disappointment at the continued delay in allowing their office to visit the children currently detained under Sosma, particularly when the inspector general of police stated during the press conference that the police would adopt a prudent approach to ensure that the identity, dignity and future of the three child suspects are protected, in accordance with the Child Act 2001 and the Convention on the Rights of the Child.
If such assurances are genuine, the office should be granted immediate access to the children concerned without further delay.
The office of the children’s commissioner reiterates its clear and unequivocal position that children must not be detained under Sosma. As the act permits detention without judicial oversight, it is fundamentally incompatible with established child rights standards.
Accordingly, any provision allowing for the detention of children under Sosma should be repealed in its entirety. – Children’s commissioner/Suhakam
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
