Police handcuff use compulsory under SOP

PETALING JAYA: Even though many are up in arms over the handcuffing of five newsmen during their arrests earlier this week, the practice is standard procedure in Malaysia and a number of other countries.

In the United States, for example, where a woman was handcuffed and jailed for not wearing a seat belt, its supreme court ruled that police have the right to handcuff people for minor offences.

The same rule is applied in Canada, where a nine-year-old autistic boy was handcuffed by authorities.

Malaysian lawyer Fahri Azzat, however, feels the fact that other countries practise the rule does not make it right.

"The practice of handcuffing the accused is an inconsistent application on the presumption of innocence.

"Until (the offender) is convicted, you cannot call him a criminal. It follows that you cannot – or more accurately, should not – treat him like a criminal," Fahri said.

He added that one should not be handcuffed unless there was good reason, such as a history of escape or if the accused had stolen an officer's gun.

"But if they come willingly and voluntarily, what's the point in handcuffing them?" he said.

Fahri also said that white-collar crimes such as fraud or offences like sedition should not warrant the use of handcuffs.

"They are not somebody who committed a violent offence. It is an intellectual offence, so why are handcuffs necessary?" he questioned.

He said that the Criminal Procedure Code defines when and how a person is arrested, but is silent about handcuffing.

"It is common practice for police in Malaysia to handcuff and restrain the accused when arrested," said Fahri.

"The accused are usually put in a lock-up overnight while the police apply for a remand order. The lock-up is simply a room with bars with the barest necessities – no comfort, no entertainment, no access to the world, and a shared open toilet," he said.

The accused are handcuffed once again when they are brought to court.

"If you see them all shackled together, they look like the slaves of old – unkempt, smelly, miserable-looking and guilty of something," said Fahri.

"They are then made to sit in the dock throughout their trial, and it makes them look like criminals. It gives the perception that they are guilty," he added.

Deputy Federal CID director Deputy Comm Datuk Amar Singh, meanwhile, said handcuffing arrested persons has always been part of the police standard operating procedure (SOP).

"It is our SOP to handcuff anyone detained, whether to escort them to the police station or the court.

"There is no special treatment given to anyone as we carry out our duties without fear or favour," he said when contacted.

In fact, according to DCP Amar, action can be taken against police officers who fail to handcuff those under their custody.

"We have a very clear SOP (in handcuffing detainees), regardless of the offence," he said.