Friday, April 24, 2020

Suspending 'Cop who allegedly raped Mongolian women' wrong? Presumption of innocence until proven guilty? Worker Rights Violation?

Najib, the Member of  Parliament, although charged and trial also commenced still not suspended. Likewise, several other MPs.

So, why exactly is this policeman who is alleged to have raped, etc, being suspended. For what?

Is he now being subjected to some internal disciplinary action by the police? What exactly is the alleged employment misconduct and/or breach of employment contract being investigated? Has a show cause letter been issued? 

Normally, a worker can be suspended when he is being subjected to disciplinary action - but these suspension are usually for a short period until the end of the disciplinary action? 

Allegation of committing a crime is not an employment misconduct or a breach of an employment contract - only a conviction by court after a full trial will be, and that too for a serious offence only. Being found guilty of speeding is not sufficient to be a misconduct.

OR has the police got some different rules, different from normal employment rules in place?

Remember the presumption of innocence until proven guilty, meaning after the court finds him/her guilty. 

So, what 'suspension'? Maybe the police ought to explain. Is it suspension with full pay and benefits? 

Suspending him from his normal police duties/responsibilities OK - but then he can still do work in the police station, can he not?

Worker rights of even this policeman ought to be respected.

LET's not jump to any conclusion yet - let's wait for him to be charged and tried in court, and found guilty by the court first.

After all, he may be a victim of injustice > maybe all the allegations are false? We do not know yet...

We are certainly unhappy by the fact that the alleged victims, and the potential witnesses of the crime, all Mongolian women are in DETENTION now for being suspected 'human trafficking victims' - this detention can last up to 21 days, and then if court satisfied that they are victims of 'human trafficking', they could be detained for a further 3 months. BUT...then there is the

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 3 years. -Detain Mongolian women rape victims and witness can be released and allowed to work in Malaysia, so says the law.
It has been 13 days since two Mongolian women reported that they were raped by a senior police officer.

Cop who allegedly raped Mongolian women suspended

PETALING JAYA: The policeman who allegedly raped two Mongolian women here has been suspended.

Petaling Jaya OCPD Asst Comm Nik Ezanee Mohd Faisal said they served the letter of suspension to the suspect on Wednesday (April 22).

"The two victims and three others have been placed under an interim protection order (IPO).

"We have taken the investigation paper to Bukit Aman and there are a few instructions that we need to execute before presenting it to the Deputy Public Prosecutor," he said Thursday (April 22).

ACP Nik Ezanee was responding to a statement made by Petaling Jaya MP Maria Chin Abdullah and Kampung Tunku assemblyman Lim Yi Wei for the victims and their thee friends be placed under the Whistleblower Protection Act.

“The continued usage of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act may derail the focus of the primary offence, which is rape, ” they were qouted as saying in the statement.

It was reported that police had placed three Mongolian women, two of whom were allegedly raped by a police inspector, at a shelter.

Bukit Aman CID director Comm Datuk Huzir Mohamed said the two alleged victims, along with their friend – who helped translate for police – were not placed in lock-up as they were placed under an IPO.

The two foreign women were allegedly raped by a police officer at a hotel after they were stopped at a roadblock to enforce the movement control order (MCO).

The suspect – an inspector in his 30s – was arrested based on police intelligence and surveillance.

He has subsequently been released on bail. - Star, 23/4/2020

Mongolian women rape case: What's going on? — Kasthuri Patto and Sangeet Kaur Deo

APRIL 24 — It has been 13 days since two Mongolian women reported that they were raped by a senior police officer.

They have since been confined at a “safe house” on the pretext of ensuring their safety, in relation to a purported investigation in connection to human trafficking.

Meanwhile the “senior police officer suspect,” has been released on police bail after his remand was not extended. To date, he has not been charged for rape.

There is no reason whatsoever for this delay in charging the police officer for rape, particularly since statements have been taken from the victims and recipients of the first complaint. Medical assessments have also been conducted. There has been no explanation by the PDRM as to why there has been no charge to date, neither has the public been informed of the status of the investigation in relation to the rape charge.

Transparency and expediency are vital. And at no time must there be any suspicion of a cover up, since this case involves a police officer suspect.

The said police officer in the meanwhile has been rightly, suspended from his duties.

There is no clear indication as to how long the suspension is for.

A mere suspension of the police officer suspect, without a charge for attempted kidnap and rape will be a gross injustice to all women and may set a dangerous precedent on perpetrators being let off the hook easily, while in uniform.

The latest development in the crime of a police officer kidnapping and raping two Mongolian women has escalated to them now suing the police officer in the High Court for false imprisonment and sexual assault, and the hotel for aiding him to commit the alleged crime.

While a civil suit may have been filed, this does not dilute the duty of the Attorney Generals Chambers to bring criminal charges against the suspect.

As the suspension of the police officer has been followed up with the sending of the investigation papers to the deputy public prosecutor’s office, the ball is in the Attorney General’s court.

We call upon the Attorney Generals officer to clearly explain why there has been a delay in charging the police officer suspect, who is free on bail while the victims remain in the custody of the PDRM.

We also echo the call for these women to be given protection under the Whistleblower Protection Act (WPA) 2010 instead of being placed in a shelter under the IPO.

We point out, that to date there has also been no update also on any investigations surrounding the alleged human trafficking of these five Mongolian women.

While we are all indebted to all our frontliners, including the men and women in PDRM, Rela, ATM and APM as well as local council staff, who have been diligently carrying out their duties manning roadblocks and facilitating in the enforcement of the MCO, it must be reiterated that violations committed, by those on duty, during this time, will not be tolerated and must be taken seriously and investigated thoroughly without fear or favour for justice to be served.

As April is the month dedicated to “Sexual Assault Awareness Month,” we commend the Mongolian women for standing up to expose violations against them at the hands of the people who are protectors and defenders of victims from all forms of violence and assault.

* Joint media statement by Member of Parliament for Batu Kawan Kasthuri Patto and Wanita DAP Chief of Legal Bureau Sangeet Kaur Deo on April 24, 2020. - Malay Mail, 24/4/2020

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