3 children victims of Detention/Restrictions Without Trial and Human Rights Violation. Who will be bothered? PR, BN, MPs, ADUNs, Anwar, Kit Siang, Hadi, Najib....?

3 children from Semenyih, aged between 15 and 17, who are supposed to sit for PMR and SPM examinations later this year were arrested and detained on Dec 21 last year on allegations of being a public nuisance and being in possession of a stolen vehicle.

The trio were held in several police stations for a total of 21 days until their remand period expired.  

On Jan 10, an order under the Emergency (Public Order and Prevention of Crime) Ordinance 1969 to detain them for 60 days was issued and they were held at the Semenyih police station. The detention order expired on March 9.

Now the government  uses the Restricted Residence Act 1933 on them, and they have all been slapped with a 2 year restricted residence order issued by the Home Minister. One was sent to Kawasan Linggi in Negeri Sembilan, one to Berangan in Seminyih ,and  the third child was sent to Batang Berjuntai in Kuala Selangor. Another 21-year-old, who was detained under the same act yesterday, was sent to Kuala Lipis, Pahang.

What is wrong?

* These 3 children have been denied the right to defend themselves, and the right to a fair and open trial. They should have been properly charged and tried in court. If they are found guilty, then the court would have decided on the sentence - a suitable sentence, which may not even be a prison term.

What else is wrong? Well, I will discuss that in an upcoming post....

**Malaysia has ratified the United Nations Convention on the Rights of the Child, and this covers the 3 children arrested on 21/12/2009.For the purposes of the Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. Therefore, Malaysia's treatment of these 3 children is not only a violation of human rights, but also this Convention.

Three teenagers are being detained without trial for 72 days, which includes time spent detained under the Emergency Ordinance 1969, and their family members are crying foul.

Accompanied by representatives of human rights group Suaram, the relatives of the detainees took their case to the Human Rights Commission (Suhakam) today, pleading for intervention.

"Please help me to bring back my son. He is a good boy and I want him to be successful in his studies," said M Gowri, 42, who was among the 15 relatives present.

According to Suaram's memorandum to Suhakam, the trio from Semenyih, aged between 15 and 17, are supposed to sit for PMR and SPM examinations later this year.

They were detained on Dec 21 last year on allegations of being a public nuisance and being in possession of a stolen vehicle.

The trio were held in several police stations for a total of 21 days until their remand period expired. 

On Jan 10, an order under the Emergency (Public Order and Prevention of Crime) Ordinance 1969 to detain them for 60 days was issued and they were held at the Semenyih police station. 

The detention order expires on March 9.

The family is now worried that their children would eventually be transferred to the notorious Simpang Renggam detention centre. 

The two-page memorandum also urged the commission to take immediate action on the matter and appeal to the Home Ministry for their release.

The memorandum was handed to Suhakam commissioner N Siva Subramaniam.

Suhakam to appeal

Suaram director S Arutchelvan said the detentions were violations of Article 16 (1) and (11) of the Federal Constitution, Article 42 of the Child Act 2001 and Article 37 of the Convention on the Rights of the Child.

"We would like to urge the government to take immediate action and release the teenagers. They are supposed to be sitting for major examinations this year and the detention would affect their future," said Arutchelvan.

Addressing the family members and Suaram later, Siva Subramaniam hoped that the authorities would not place the teenagers in the Simpang Renggam detention centre, noting that it is a place where many "serious criminals" are being held.

“Placing them in the Henry Gurney school (in Malacca), would be a better option," he added.

The Simpang Renggam detention centre has often been criticised as a 'training school' for criminals because of the high concentration of hardcore criminals held there under the Emergency Ordinance.

The commissioner also promised to immediately submit a written appeal to the Home Affairs Ministry and locate the three detainees' school records.

Siva Subramaniam later turned his attention to discipline problems among youths which he felt had reached alarming proportions. He urged the police and NGOs to work together to combat this issue. - Malaysiakini, 2/3/2010, Three teens held under EO, family cries foul

 

The three minors who were held under the Emergency (Public Order and Prevention of Crime) Ordinance 1969 on Dec 21 last year, are now placed under yet another suppressive law, the Restricted Residence Act 1933.

The trio from Semenyih, aged between 15 and 17 were detained on Dec 21 last year for being in possession of a stolen vehicle as well as being public nuisances.

They were held in various police stations for 21 days, and then detained in Semenyih police station under the Emergency Ordinance for another 60 days.

The detention order expired on March 9 but the Home Ministry has now slapped the Restricted Residence Act on them which will last for two years.

They have been sent to Kawasan Linggi in Negeri Sembilan, Berangan in Seminyih and Batang Berjuntai in Kuala Selangor respectively.

Another 21-year-old, who was detained under the same act yesterday, was sent to Kuala Lipis, Pahang.

Suaram coordinator E Nalini said they only came to know about this case yesterday.

"We strongly condemn the home minister's order to place these cases under this unlawful act. It is wrong to detain them as it will restrict their movement and right to education," she added.

Nalini (right) also informed Malaysiakini that an appeal letter will be sent to the Home Ministry, requesting the government to grant them a second chance as until now, the charges against the minors have not proven.

She also lamented the minors will be denied rights to an education as two of them will be placed in rural areas. They are aged between 15 and 17, and are supposed to sit for PMR and SPM examinations later this year.

Human Rights lawyer, Charles Hector (left) said: "Placing the three minors under the Restricted Residence Act is not the right option.

"The government is breaching the Convention on the Rights of the Child (CRC) by detaining minors and restricting their movement," he added.

He said there are other options whereas the minors can be released under certain conditions such as mandatory reporting to police station once a week.

"A better option would be to charge them in the court, not to detain them under these acts," he added.

The Restricted Residence Act 1933 is an archaic law used actively during the Communist Emergency of 1948-1960 to fight terrorism and deal with matters involving national security. - Malaysiakini, 12/3/2010, Minors now placed under restricted residence

Malaysia has ratified the United Nations Convention on the Rights of the Child, and this covers the 3 children arrested on 21/12/2009.

For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.