Home Civil Society Voices 2017 Civil Society Voices Chain remand of minors an attempt to hide brutality towards detainees?

Chain remand of minors an attempt to hide brutality towards detainees?

File photo: themalaymailonline

Join us on Telegram and Instagram for the latest.

Suara Rakyat Malaysia (Suaram) strongly condemns the rearrest of two 16-year-old minors, Kanapathy Perathapan and Ang Kian Kok,  who were arrested with Balamurugan, a victim of police brutality who succumbed to his injuries on 8 February 2017, and the physical violence inflicted upon them in detention.

The practice of rearrest and chain remand represents a blatant abuse of power by the police, and it is an infringement of an individual’s fundamental human rights both under the Federal Constitution of Malaysia and the Universal Declaration of Human Rights. This practice exploits exising loopholes and abuses remand proceedings to unlawfully detain a person under a veil of legality.

On top of the violation of rights in this regard, detainees have also repeatedly reported that they were allegedly beaten and tortured in detention to their parents and to the presiding magistrate. The Magistrate’a Court has thus far rejected all applications for extension of remand.

The initial remand granted by the courts for each re-arrest despite elements of re-arrest and police brutality in detention is disappointing, to say the least. The courts should have taken into account the welfare of minors and elements of human rights violations in granting the remand orders. In the interest of the welfare of the two detained minors, no further remand orders should be granted by the Magistrate’s Court.

There is no legitimate reason nor any reasonable justification for the continued detention of Kanapathy and Ang except to punish them and silence them for potentially allegedly witnessing the brutality inflicted on Balamurugan.

The continued detention through such underhanded means only serves to strengthen this view and further incriminates the police as an institution that allegedly permits violence in detention and protects those who murder detainees in cold blood.

READ MORE:  Probe whistleblower Edisi Siasat’s explosive revelations

Furthermore, reflecting upon Malaysia’s commitment to the United Nations Convention on the Rights of the Child and the Malaysian government’s obligation to protect the welfare of children, the treatment of Kanapathy and Ang marks a failure of the government and a betrayal of its commitment and obligations to protect and uphold the rights of the child.

The duty to protect the rights of the child falls upon all government agencies and institutions including the judiciary, and a failure of this magnitude must not be allowed to continue.

Suaram strongly condemns this unconscionable act by the police and all government quarters involved that enable the continuation of ill treatment against the two minors and call for their immediate release and the suspension of the officers involved!

Suaram also calls on Suhakam and the EAIC to immediately investigate the alleged misconduct of the police against Kanapathy and Ang; and to help ensure the physical wellbeing and safety of the two from further physical violence and abuse.

24 February 2017

Sevan Doraisamy is executive director of Suaram.

Thanks for dropping by! The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

Our voluntary writers work hard to keep these articles free for all to read. But we do need funds to support our struggle for Justice, Freedom and Solidarity. To maintain our editorial independence, we do not carry any advertisements; nor do we accept funding from dubious sources. If everyone reading this was to make a donation, our fundraising target for the year would be achieved within a week. So please consider making a donation to Persatuan Aliran Kesedaran Negara, CIMB Bank account number 8004240948.
Notify of
Inline Feedbacks
View all comments
Would love your thoughts, please comment.x