Compound fines under MCO will punish the poor more, say activists
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PETALING JAYA: Human rights activists believe poor people will be the
worse affected if the government decides to punish violators of the
movement control order (MCO) with compound fines instead of taking them
to court.
Among those concerned by the change is Klang MP Charles Santiago, who said there would be greater implications for the poor.
The government recently gazetted a new regulation allowing all
offences under the Prevention of Infectious Diseases Act to be
compounded instead of offenders being charged in court.
The change came in the wake of protests after citizens were
arrested for going jogging, fishing or playing football within a private
compound. A conviction in court would leave them with a criminal
record.
Santiago, who chairs the Dewan Rakyat’s Select Committee on Human
Rights and Constitutional Affairs, said there should be a change in
approach when dealing with MCO offenders.
“Rich people can pay the compound fines and get away with it. But for
the poor – like the men who were caught fishing because they had no
food at home – it’s different,” he said.
Last Thursday, two men who went fishing in Sungai Siput, Perak, were
sentenced to three months’ jail for breaching the stay-home order. They
said they had done so only because their families had no food.
Santiago also told of how three refugees looking for food for their
families were recently arrested and handed three-month jail sentences
for violating the MCO, comparing it to the 11 joggers who were caught
jogging in the Mont Kiara area last month and paid their fines at the
Magistrate’s Court, failing which they would have been jailed for a
month.
“The law may look innocent, but the ramifications for the poor are more severe,” he said.
Charles Hector, founder of Malaysians Against Death Penalty
and Torture, said that a fine of RM1,000 or less may not be as much of a
deterrent compared to community service or prison.
“For the rich, a compound fine of RM500 or RM1,000 is nothing at all,
but not so for the poor, many of whom have lost income and jobs,” he
said.
“Even a compound fine of RM500 may be simply unaffordable at the
moment for the poor. They need to think about their families and the
bills they have to pay every month, including rental and other hire
purchase payments.”
He said many of the country’s poorer citizens have no choice but to
buy furniture and household appliances on hire purchase as they do not
have much savings, making it harder for them to pay fines.
Hector called for normal procedures and criminal justice practices to
be set aside in favour of ensuring that people observed the intention
of the MCO; that people stay at home to avoid spreading or contracting
Covid-19.
“When a person is found to have breached the MCO, the police should
just arrest them, get their identity and contact particulars, and
release them on the spot with a personal bond,” he said.
“After the Covid-19 threat has passed, the police can summon them to
the police station for the purpose of investigation and proceed with
charging them in court if needed.”
Santiago said that arrests of MCO offenders would place even more
stress on lockups and the country’s already overcrowded prisons.
There was also a greater risk of Covid-19 being spread among prison officials and inmates.
A total of 2,294 people have been charged in court for flouting the MCO as of last Saturday.
At a press conference yesterday, Defence Minister Ismail Sabri Yaakob
said 554 people had been arrested for going against the MCO on Sunday
alone, bringing the total number of arrests to 6,048.
The movement control order is meant to prevent the spread of
Covid-19. It has been in force since March 18 and will end on April 14.
Those who disobey the order can be punished with a fine of up to RM1,000, or a jail term of up to six months, or both.
Those authorised to compound the offence are health ministry
officers, police officers with a rank of inspector or above, and local
council officers. - FMT, 7/4/2020
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