ON HUMAN RIGHTS, JUSTICE AND PEACE ISSUES, LABOUR RIGHTS, MIGRANT RIGHTS, FOR THE ABOLITION OF THE DEATH PENALTY, TOWARDS AN END OF TORTURE, POLICE ABUSES, DISCRIMINATION...
Sunday, April 19, 2020
Suspected rapist policeman FREED on police police bail, whilst 2 Mongolian victims( and 3 witnesses) in Detention? JUSTICE?
Well, the suspected rapist police man is FREE on police bail, and the alleged 2 Mongolian women victims and the 3 other witnesses in DETENTION?
A police inspector suspected of raping two Mongolian
women in a hotel here on April 10 has been freed on police bail,
Selangor Criminal Investigations Department chief Fadzil Ahmat said.
In such cases, the rape or kidnapping suspect, could have speedily charged in court...and then it will be up to court to decide on bail.
Now, the police have released the suspected police officer on 'Police Bail'. Here, the suspect need not submit any bail money - just the undertaking that he(or his sureties) shall be liable to pay the bail amount in the event the condition of the bail is broken.
How much was the 'bail amount' - were there sureties? Or was he released on a 'personal bond"(no sureties)? - Not clear at all..
Remember, that MADPET mentioned that the 5 women, even if victim of human trafficking, could according to the law used to detain now, could be immediately freed, and even allowed to work legally and be in Malaysia for up to 3 years > certainly long enough for them to turn up in court and testify in the trial of the suspected policeman?
See earlier posts for full statement plus relevant media reports, and the relevant law provisions :-
LETTER
| Malaysians Against Death Penalty and Torture (Madpet) is appalled to
hear that five Mongolian women, two being alleged victims of rape and/or
kidnapping by a police officer, and three other potential witnesses,
are all now being detained under Interim Protection Orders as the police
believe they are victims of human trafficking.
These five women
must be immediately released with the right to stay and work in Malaysia
until the rape trial is completed. Too many perpetrators of crime
escape simply because the victims and/or witnesses being foreign
nationals, are no longer in Malaysia.
It was reported
that "a police inspector has been arrested for allegedly raping two
Mongolian women aged 20 and 37 years old after he stopped them at a
movement control order (MCO) roadblock here" and the "women were stopped
at the roadblock at 8pm on Friday and held in the hotel room for more
than 24 hours before the police team rescued them" based on a tip-off.
The police said that "the case may also be possibly investigated for
kidnap and extortion".
Thereafter, it was reported
that three "other Mongolian women have been detained after they lodged a
police report in relation to the alleged rape of two fellow female
nationals by a police inspector". They were purportedly "the ones who
raised the alarm over the alleged rape".
It was alleged
that on "April 10, the police arrived at the scene and asked the three
women to go to a police station to lodge a police report over the
incident, which they did and returned home afterwards". Then, on April
11 when the police went to the three women’s house and arrested them.
Interim Protection Orders, Protection Orders, then deportation?
The
two alleged victims and the three witnesses, allegedly undocumented
foreigners, have now been arrested under the Anti-Trafficking in Persons
and Anti-Smuggling of Migrants Act 2007 on the basis that they may be
human trafficking victims.
They are currently being detained under an Interim Protection Order, which can last for up to 21 days.
Thereafter,
if the Magistrate is satisfied that he/she is a trafficked person and
in need of care and protection, a Protection Order for a period not
exceeding three months can be made.
After that, for foreign
victims of human trafficking, they are handed over to the Immigration
Department who will then process and usually deport them, just like any
other undocumented migrants.
Law provides option to release, stay in M'sia
However,
there is an option under this anti-trafficking law that will allow them
their freedom to live and to work legally until the end of the trial.
The
Anti-Trafficking In Persons And Anti-Smuggling Of Migrants (Permission
To Move Freely And To Work) (Foreign National) Regulations 2016 allows
them to not only be released immediately to be able to move around
freely but to make it possible for them to work in Malaysia for at least
three years.
This would be the best and just solution as this
will ensure that these victims and witnesses, will all be available here
in Malaysia for the trial of the said police officer – hence giving the
authorities no reason for not charging and/or trying the perpetrator in
court.
Often, the unavailability of witnesses is one of the
reasons why some perpetrators are never even charged, or if already
charged, the case is discontinued and the alleged perpetrator is freed.
Best for victims, witnesses to be at the trial
There
is a provision for the recording of evidence of a trafficked person,
whereby such evidence recorded is admissible in court, and the "weight
to be attached to such evidence shall be the same as that of a witness
who appears and gives evidence in the course of a proceeding" (Section
52 of the Anti-Trafficking Act). One wonders whether this will also
apply to rape cases, and not just for anti-trafficking crimes.
However,
such use of pre-recorded statements undermines the accused person’s
right to a fair trial, as he/she would be denied the right to question
the witnesses in court. The court will also be denied the opportunity of
seeing and accessing the credibility of the witness.
To ensure
justice is done, it is always important and best for the alleged
victim/s and witnesses to be present personally in court to give
evidence in court during the trial.
No reason to delay trial
In
this case, there is really no reason to not speedily charge the suspect
police officer, and conduct the trial speedily when all the Mongolian
victims and witnesses are still in Malaysia.
The arresting of the
alleged victims and taking them not to the police station but some other
place during the MCO period may be a crime.
Evidence of rape and the crime scene should have already all been collected as reported in the media.
The
witnesses are available, and what they saw and heard are still fresh in
their mind. The trial could be expedited, and it could be over even in a
couple of weeks.
The Star had reported
on April 16 that the "police have applied to extend a remand order
against an inspector over rape allegation", but Madpet fails to see the
reason or justification for the procrastination.
He should be
charged and the trial out to be commenced and ended speedily when the
victims and relevant witnesses are still here in Malaysia. This would be
just when it comes to a situation when the victims and/or witnesses are
foreign nationals, who may want to return home as soon as possible.
Poor track record of charging and trying Police in court
In
the past, Malaysia sadly has a poor track record of prosecuting and
charging police officers and other enforcement officers in court, even
in cases after Royal Commission of Inquiries, inquiries by Suhakam
(Malaysian National Human Rights Commission) and Enforcement Agency
Integrity Commission (EAIC) have found wrongdoings and/or even
recommended prosecution.
This happened, amongst others, in the
Bright Sparklers case, enforced disappearance cases of Pastor Koh and
Amri Che Mat, and in the death in police custody cases of Syed Mohd
Azlan Syed Mohamed Nur and N Dharmendran.
Reforms needed for cases where victims are foreigners
In
Hong Kong, migrant worker victims who have a claim or a case are
provided housing and board until the end of their cases to ensure
justice is done.
Malaysia should also have a similar law to
ensure the perpetrators of crime against and violators of rights of
migrants do not escape unpunished simply because these migrants have
been deported and/or are no longer in Malaysia.
Victims, be they Malaysians or foreign nationals, deserve justice, there:
- Madpet calls for the speedy prosecution, charging and trial of the suspected police officer in court.
-
Madpet calls for the immediate release of the two Mongolian women
victims and the three Mongolian women witnesses from detention, and that
they are immediately released and also allowed to stay and work legally
in Malaysia until the speedy completion the rape/kidnapping trial.
-
Madpet calls for no special treatment to be accorded to police officers
and/or other enforcement officers who broke the law, and that they
should all be charged and tried in open court and not simply some
internal disciplinary procedure.
- Madpet also calls for speedy
trials and/or adjudication when the victims and/or witnesses are foreign
nationals while facilitating and supporting their stay in Malaysia
pending completion of trials, to ensure that perpetrators of crime
and/or violators of rights do not escape justice because of
unavailability of witnesses and/or victims in Malaysia.
CHARLES HECTOR represents Malaysians Against Death Penalty & Torture (Madpet). The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini. - Malaysiakini, 18/4/2020
Inspector suspected of raping Mongolian women freed on police bail
Reports said the two Mongolian women were arrested at a roadblock in Petaling Jaya on April 10.
PETALING JAYA: A police inspector suspected of raping two Mongolian
women in a hotel here on April 10 has been freed on police bail,
Selangor Criminal Investigations Department chief Fadzil Ahmat said.
“There is no necessity to detain him further since the investigation is over,” he told FMT.
Fadzil said the investigation papers had been sent to the deputy public prosecutor’s office in Shah Alam for their perusal.
“But there are some loose ends that we need to tie up. Hopefully, a decision can be made next week,” he said.
On April 12, district police chief Nik Ezanee Mohd Faisal told
reporters authorities had rescued the two women, aged 20 and 37, a day
earlier.
He said the 30-year-old suspect was first remanded for five days to
facilitate investigations under Section 376 of Penal Code for alleged
rape.
A further two-day extension, which expired yesterday, was also obtained from a magistrate.
Police have obtained an interim protection order from the court for
the two alleged victims and three others to assist them in the
investigation.
It was reported that the Mongolian women were arrested at a roadblock
here on April 10. Both women were detained by an officer over claims
they did not possess valid travel documents.
The officer allegedly took the two women to a hotel where he was accused of raping them. - FMT, 19/4/2020
Mongolian rape case: M'sian Bar says anti-trafficking law could shift investigation focus
PETALING JAYA: The Malaysian Bar has questioned the
use of the Anti-Trafficking In Persons and Anti-Smuggling of Migrants
(Atipsom) Act in the case of the three Mongolian women, two of whom were
allegedly raped by a police inspector.
Its president Salim
Bashir said the use of Atipsom in this instance had the potential to
shift the focus of the investigation from the alleged rape to the
background and status of the three women.
He
said protection could have instead been sought for these women under
the Whistleblower Protection Act 2010 (“WPA”) as they may be deemed
whistleblowers.
“This would offer them more protection —
particularly from unnecessary inquisition into their status — and would
not require them to be further retained in any form of custody, ” he
said in a statement on Friday (April 17).
He also said that care must be taken not to derail the primary offence here — the alleged rape of the two women.
“There
are no limits to criminal investigations, and the Malaysian Bar
therefore hopes that the Police will spare no effort in pursuing truth
and justice in this instance.
“To this end, the significant and
prompt investigative efforts by the police in apprehending the alleged
perpetrator is lauded, ” said Salim.
Police said that the three
Mongolian women were in a shelter, and were not placed in lockup as they
were under the Interim Protection Order (IPO).
It was reported
that a police inspector was detained on Sunday (April 12) after a report
was lodged alleging he raped the two Mongolian women.
He reportedly did this after stopping the two women at a roadblock. - Star, 17/4/2020
PETALING JAYA: The Malaysian Bar has questioned the
use of the Anti-Trafficking In Persons and Anti-Smuggling of Migrants
(Atipsom) Act in the case of the three Mongolian women, two of whom were
allegedly raped by a police inspector.
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