Monday, October 23, 2023

Right to refuse Urine Tests - Warrant by Judge b4 Raids - End publicly suggesting women arrested are 'GROs' or Prostitutes?

Media Statement – 24/10/2023

Stop publicly suggesting women/persons are involved in ‘immorality’ or crimes, and do publicly clear their names/reputation when found to be innocent

Amend law to require Search/Raid Court Warrants before Raids, and No more arbitrary Urine Tests without court orders

When women are arrested, and the media reports that it was a ‘anti-prostitution’ or against ‘GROs’ raid or crackdown, the impression that many will naturally get is that these women are sex criminals or women of bad character, which maybe in fact totally FALSE for they may simply be innocent women frequenting an entertainment outlet who were wrongly arrested.

Worse, if the media report carries photos or Video images. Why did the police provide information to the media, knowing very well that these women may have not committed any crimes whatsoever? Presumption of innocence until the court (not the police) finds them guilty.

Their image or reputation is not even partially cleared or restored because the media or the police often fail to make any follow-up statements/reports as to what happened to these women arrested, or that they have been found innocent. We also see almost no reports of women charged for any of these crimes.

End prejudice and actions promoting prejudice against women, including women from certain specific countries, who are found to be in certain business facilities in Malaysia when police raid and arrest people.

If the business is illegal, then action must be taken against the owners of such businesses, but not against workers and other patrons of the business.

Raids and arrest of persons in ‘entertainment’ outlets

There has been numerous media reports of foreign women being arrested and detained during raids  at certain premises, which causes the perception that they maybe involved in a prostitution ring, or working as ‘illegal’ GROs -  but then they may just be innocent tourists or migrant workers enjoying a night out. 

In June, ‘Sixty-four foreign women were detained after authorities busted a prostitution ring operation.’(Star,19/6/2023). In July, ‘…the police have arrested 84 foreign women believed to be working as “guest relations officers” (GROs) in a raid on an entertainment centre in Bukit Bintang on Sunday.( FMT, 25/7/2023). In September, it was reported that ‘..the police have arrested 24 foreign and local individuals for providing guest relations officers (GRO) services in a raid on two entertainment centres in Cheras.(FMT, 19/9/2023)

Absence Of Follow-Up News Prolongs Prejudice

There is thereafter almost no news whether these women are being charged in court, accorded a fair trial and convicted, or alternatively that they are innocent. Why is that?

If they committed a crime, they would have been charged in court and tried. If they were victims of trafficking, they would be accorded protection as victims.

The fact that there is no follow-up news raises the possibility that innocent persons are wrongly arrested, maybe even defamed making one wonder as to the ‘real reasons’ for these raids and the reasons behind law enforcement’s act of informing the media.

Is it merely to show that the police is actively doing their job?

Maybe the Home Minister must explain these raids, as the arresting and detaining tourists or even migrant workers do cause injustice in terms of spoiling their holiday or impacting their employment/business.

207 Foreign Nationals arrested – GROs and being in entertainment outlets?

Recently, on 16/10/2023, Bernama (Malaysian National News Agency) reported that the police had detained 207 foreign nationals in raids carried out at six entertainment outlets in Kuala Lumpur, Selangor and Johor between 12-15 October. Amongst them the foreigners nabbed, were Thai, Laotian and Vietnamese women, aged between 19 and 51. In one raid, a total of 73 foreign nationals, aged between 20 and 44, believed to be working as guest relations officers (GRO) were detained during a raid in Serdang,

Tourist’s holiday in Malaysia is affected, if one is arrested and detained for a period. Social visit passes may expire in detention making one undocumented. You may miss your flights too. Noting language difficulty of foreign nationals and unfamiliarity with the law and legal procedures, injustice can happen. The worry is that even if brought to court, although innocent the poor and/or foreign nationals may plead guilty simply to be able to get back to their home country speedily.

Make search warrants mandatory – Judge ensures no abuse.

One thing that was lacking in this recent national news agency report was the mention of what exactly were the suspected crimes that led to these police raids and arrest by the Bukit Aman CID Anti-Vice, Gambling and Secret Societies Division (D7) in one case.

Was it a raid that happened on the basis ‘raid, arrest and hope that some in there will have committed drug or immigration crimes or other crimes’?

‘Police do not need a warrant to do a premises search if the case they are investigating involves an arrestable offence, says Penang police chief Comm Datuk Mohd Shuhaily Mohd Zain(Star, 14/7/2021). This is wrong, and it can lead to abuse of power by the police. The law must change.

MADPET(Malaysians Against Death Penalty and Torture) calls for an amendment of the law so that it is MANDATORY for the police to get Search Warrants issued by Judges before any raids, to also prevent abuse of power.

Police raids also can be because of ‘corruption’ – the ‘kaw-tim or settle culture’ – where after arrested, a payment can result in release, end of investigation and no prosecution.

Police raids reasonably benefits competitors in the same or similar businesses. If places are subjected to police raids, where the patrons are also arrested, detained and even subjected to urine tests, then many customers will simply avoid such establishments.

ONLY those ‘controlled’ by foreigners raided? – Discrimination?

The raids were allegedly on  ‘…entertainment outlets ‘controlled’ by foreigners…’, which hints of discrimination. It certainly is not illegal in Malaysia for businesses to be owned and run by foreigners, fully or partially. Even in Malaysian owned businesses, many are run and even managed by foreigners.

One wonders whether similar raids and arrest will happen in the clubs and entertainment outlets frequented by the rich or the upper classes? Will there be same treatment by the police? Remember, Art. 8(1) Constitutional guarantee that ‘All persons are equal before the law and entitled to the equal protection of the law’.

Why Bukit Aman – not Local Police or Local Council Enforcement Officers?

The premises mentioned in the 16/10/2023 report were in operation for ‘for three months to one year’, and this raises the presumption that they are all legally registered business premises. The local government is the relevant authority that grants permission and even advertisement for any business premises in their area of governance, including these entertainment outlets.

The question that arises is why the relevant Local Government enforcement officers did not act?

Why the Bukit Aman police, and not the local police that did the raid? Was it so because there was concern of  ‘corruption’ related to the raided premises involving the local police, or Local Government (Council) staff and officers? Will corrupt officers inform the premises in advance of raids? Will MACC investigate?

The said Bernama report made no allegation that any of the foreign nationals were found to be illegally in Malaysia, and as such, one may assume that they all had the relevant social visit visa, employment or business visas.

GROs is not illegal work – it is a legal job/work?

Guest Relations Officer (GRO) is not an illegal job, so the government, police and media must be careful not to demean this occupation.

In entertainment outlets like restaurants, bars, spas and entertainment places, just like in other small consumer dependent businesses, the idea is to be good to customers so that they will come again, and thus the work of frontline staff and even GROs. If the customer requests your company for a certain duration for a fee, it is legitimate work, and there is nothing illegal whatsoever the rate is for time spent.

One must also note customers at entertainment outlets also meet ‘strangers’ and spend some time interacting. So, were these women even ‘GROs’ or were they simply fellow patrons, or persons visiting friends?

It must be noted that in Malaysia, prostitution is against the law when ‘…a female offering her body for promiscuous sexual intercourse for hire’ is an offence, is a crime. So, if there is no issue of hiring for ‘sexual intercourse’, it is no crime.

MADPET (Malaysians Against Death Penalty and Torture) calls on the government, including the police or law enforcement to stop arrest and detention of arbitrary women or persons, including foreign nationals, save when there are real reasonable suspicion that the particular person/s has committed a crime;

MADPET calls for an end of defamatory practices particularly affecting the reputation of women, including issuing/making of statements and/or providing pictures to the media which creates perception that women that are arrested maybe involved in immoral or illegal work or crime. The presumption of innocence until found guilty in court must be recognized and practiced.

MADPET calls for a full disclosure as to what happened to the persons arrested in these raids, as to whether investigation revealed them innocent, or whether they were charged in court. A public apology in the media is one just means to attempt to correct the wrong public perception generated. They may simply be innocent victims (including women) having committed no immoral illegal acts;

MADPET calls for laws to be amended to require a Search/Arrest/Raid Warrant issued by Judges, before any such raids of premises are conducted, where Judges will evaluate to see whether there is sufficient evidence to justify a police search/raid/arrest. To leave it to the police to do as they please have risks, and even possible abuse of power.

MADPET calls for the recognition of the RIGHT for a person to deny Urine/Blood Tests and taking of other bodily samples. A court order should be a pre-requisite. There must be reasonable suspicion, not simply fact that one is found in any particular premises during a raid, before urine samples can be obtained.

MADPET also notes that on 19/8/2023, 2 Deputy Public Prosecutors(DPPs) and 15 cops arrested in entertainment outlet, where urine tests was positive for all but one police officer. On 11/10/2023, it was reported that ‘investigation paper regarding a senior officer and 14 policemen arrested during a raid at an entertainment outlet in Seremban last August has been referred to the deputy public prosecutor (DPP) for further action.’(Sun), however there was no mention about the 2 DPPs. Everyone is equal and should be accorded equal treatment under the law. Charge them in court, and not simply use internal disciplinary measures.

Charles Hector

For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)

 

 

Police: Over 200 foreigners detained in raids on six entertainment outlets 

Police: Over 200 foreigners detained in raids on six entertainment outlets 
Police detained 207 foreign nationals in raids carried out at six entertainment outlets in Kuala Lumpur, Selangor and Johor from Thursday till yesterday. — Picture by Ahmad Zamzahuri

KUALA LUMPUR, Oct 16 — Police detained 207 foreign nationals in raids carried out at six entertainment outlets in Kuala Lumpur, Selangor and Johor from Thursday (October 12) till yesterday.

Bukit Aman CID deputy director (Investigation/Legislation) Datuk Rusdi Mohd Isa said the raids on four premises in Kompleks Wilayah, Jalan Dang Wangi here yesterday involved activities at entertainment outlets ‘controlled’ by foreigners.

According to him, a total of 38 Bangladesh and Pakistan nationals were detained in the four clubs which had been in operation for three months to one year.

“The inspection (of these premises) found the manager, assistant manager and workers at these entertainment outlets were Bangladesh nationals while the customers were mostly Bangladeshis, with 10 locals,” he said in a press conference in Bukit Aman today.

Meanwhile, a total of 96 foreign nationals were detained on Thursday in a separate raid by the Bukit Aman CID Anti-Vice, Gambling and Secret Societies Division (D7) in Taman Tampoi Indah, Johor Bahru.

Rusdi said among the foreigners nabbed, were Thai, Laotian and Vietnamese women, aged between 19 and 51.

Meanwhile, a total of 73 foreign nationals, aged between 20 and 44, believed to be working as guest relations officers (GRO) were detained during a raid in Serdang, Selangor on Saturday.

“Investigations revealed that the entertainment outlet had an open pub concept and karaoke centre offering rooms from RM800 to RM2,000, and a GRO package of RM100 per hour per person as well as ‘flower necklace’ tip payments of between RM50 and RM500.

Urine tests carried out found eight local men and seven women positive for ketamine. We also arrested two local men who worked as bouncers (at the premises) and are believed to be involved in secret society activities,” he added. — Bernama, Malay Mail, 16/10/2023

84 foreign GROs detained in Bukit Bintang entertainment centre raid

KUALA LUMPUR: Eighty four foreign women believed to be guest relations officers (GRO) were arrested in a police raid at an entertainment centre in Dang Wangi on Sunday.

The women aged between 18 to 46 were detained in a raid by the Anti-Vice, Gambling and Secret Societies Division (D7) from Bukit Aman's Criminal Investigation Department at 1.10 am in Bukit Bintang.

Nine Malaysians aged 31 to 45 comprising the entertainment centre's manager, cashiers and employees were also taken into custody.

- Pic courtesy of police
- Pic courtesy of police

Inspector-General of Police Tan Sri Razarudin Husain said in a statement today that the entertainment centre did not possess a valid licence for its operations and misused a restaurant license issued by Kuala Lumpur City Hall.

He said police conducted a urine test 336 customers, 22 Malaysians GROs , 84 foreign GRO and found that six of the guests at the centre were positive for methamphetamine and ketamin abuse.

"The premises provided 17 karaoke rooms with a package starting from RM3,800 to RM25,000.

- Pic courtesy of police
- Pic courtesy of police

"The package included foreign and local GROs at the request of customers based on the rates."

During the raid, a number of items were seized including RM13,682. All items will be transported to the Dang Wangi district police for further investigation.

- Pic courtesy of police
- Pic courtesy of police

"We will take action against any entertainment centre which conduct illegal activities such as hiring foreign GROs, vice and distribution and usage of drugs on the premises," he said.- NST, 25/7/2023

Cops crack down on operations using ‘foreign mummies’ for GRO services

Police nab 24 foreign and local individuals in raids on two entertainment centres.


Police say the premises are located among shophouses and equipped with CCTV cameras.

PETALING JAYA: The police have arrested 24 foreign and local individuals for providing guest relations officers (GRO) services in a raid on two entertainment centres in Cheras.

Bukit Aman’s criminal investigation department (CID) said the suspects used foreign agents, or “mummies”, to attract customers, who are predominantly foreigners, Sinar Harian reported.

The entertainment centres were also found to be operating without licences during the raids on Thursday, he said.

“Investigations found that both the raided premises employed ‘mummies’, or foreign women, to assist customers in obtaining the GRO services,” the CID was quoted as saying in a statement.“They also sold garlands which customers could ‘gift’ to selected GROs, and payment ranging from RM100 to RM1,000 could be made directly to the chosen women.”

The report said the premises were located among shophouses and equipped with closed-circuit television (CCTV) cameras.- FMT, 17/9/2023


Penang chief cop: No search warrant needed when investigating arrestable offence

By IMRAN HILMY Nation


Wednesday, 14 Jul 2021 4:50 PM MYT



GEORGE TOWN: Police do not need a warrant to do a premises search if the case they are investigating involves an arrestable offence, says Penang police chief Comm Datuk Mohd Shuhaily Mohd Zain.

Comm Mohd Shuhaily was commenting on a case where a woman refused to allow a group of policemen in plain clothes to enter her apartment because she did not believe they were real police officers.

Videos of the incident had gone viral on social media and messaging apps.

In the incident, the woman did not allow the team who identified themselves as policemen from Nilai commercial crime unit and Penang's Dato Keramat police station, who were conducting a raid under Ops Pelican on July 12 at about 11pm.

Comm Mohd Shuhaily said premises owners have the right to decide who they will allow into their house.

"However, police also have rights if the case they are investigating involves an arrestable offence, and a raid can be conducted without a warrant," he said in a press conference at the Penang police headquarters on Wednesday (July 14).

When asked if police would take action against the woman in the video, Comm Mohd Shuhaily said she cooperated after she was eventually convinced that the group were indeed policemen.

"If she had not cooperated, action under Section 186 of the Penal Code could have been taken against her," he said.

In the videos, taken from the woman's perspective behind a closed grille door, a group of at least seven policemen wearing plain clothes is seen asking her to cooperate and allow them into her apartment for an inspection.

Only one of the men is seen wearing a yellow vest with the letters "PDRM" on it.

The woman says that she does not believe that they are policemen and that she cannot let them in.

She also tells them she is afraid to open the door, as it is late and there are children in the unit.

She appears to be livestreaming the video and asks for help and advice from her friends on social media.

The men then tell her to call 999 for confirmation as they have been waiting for hours.

They also threatened to cut the padlock to the unit to gain entry but eventually decided against it. - Star, 14/7/2021

 

SEREMBAN: The investigation paper regarding a senior officer and 14 policemen arrested during a raid at an entertainment outlet in Seremban last August has been referred to the deputy public prosecutor (DPP) for further action.

Negeri Sembilan police chief Datuk Ahmad Dzaffir Mohd Yussof said the urine test results of the personnel involved yielded a mix of positive and negative outcomes, as per the pathology report received.

“The investigation paper has been referred to the DPP and there are still some instructions that need to be acted upon...the police are currently updating the probe,” he told reporters after launching the Amanita adopted neighbourhood (taman angkat) here yesterday.

Ahmad Dzaffir also said that the date for the prosecution is yet to be determined and all individuals involved are still suspended from duty pending the completion of the investigation.

The media previously reported that 15 police personnel along with a DPP and a court registrar were nabbed during the raid.

Earlier, Ahmad Dzaffir in his speech said that Amanita or the Peace Lady squad is an initiative by the Royal Malaysia Police to combat crimes in residential areas by engaging housewives in neighbourhood safety.

“The role of women is considered crucial in efforts to prevent and combat crimes, as 70 per cent of women in this country are homemakers.

“Therefore, society needs to change the mentality of not caring about other’s affairs to be aware of what is happening around, especially concerning universal security,” he said. - Bernama, The Sun Daily, 11/10/2023

2 DPPs, 15 cops arrested in entertainment outlet

KUALA LUMPUR: Fifteen policemen and two deputy public prosecutors were arrested in a raid on an entertainment outlet in Seremban, Negri Sembilan, by the Integrity and Standards Compliance Department (JIPS) from Bukit Aman early this morning.

According to police sources, a 2.30am raid was mounted by the Bukit Aman JIPS team this morning at a karaoke centre at Wisma Punca Emas, Seremban.

Following a urine drug test, it was found that 14 out of the 15 police officers including a senior police officer had failed the urine tests.

The two deputy public prosecutors had also failed the urine test.

The New Straits Times has contacted the Negri Sembilan police chief Datuk Ahmad Dzaffir Mohd Yussof and Bukit Aman JIPS director Datuk Seri Azri Ahmad for confirmation. - NST, 19/8/2023

 

 

 

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