Suhakam expresses deep concern with arrest, detention conditions of MCO violators

PETALING JAYA: The Human Rights Commission of Malaysia (Suhakam) has expressed deep concern regarding the arrests and detention of alleged offenders during the movement control order (MCO).

They said that inadequate social distancing and poor safety measures in process when arresting or detaining people indicates that the standard operating procedure (SOP), if there is one, have either not been sufficiently communicated to officers implementing it or been fully understood.

“Having viewed a video where a group of teenagers were caned by authorities in Sabah for allegedly violating the MCO, Suhakam reminds that such acts are unlawful, cruel and degrading and goes against the principles of human rights.

“Furthermore, where children are involved, a warning for a first offence before being sent home should serve as a sufficient deterrent,” they said in a statement on Friday (April 3).

They said that according to Rule 10 of the Lock-up Rules 1953, it is a requirement for detainees to undergo a medical examination as soon as possible before they are held in lock-ups but in reality, trained medical personnel are unavailable in police stations.

Suhakam said that based on observations during monitoring visits to police lock-ups, most are small, in poor condition and are lacking proper ventilation as well as natural light.

“In the absence of proper preventive measures and the relatively high number of alleged offenders being detained under the MCO, there may be an increased threat to the health of detainees, police personnel and other front-liners involved in the arrest and detention process,” they said.

Suhakam said it was similarly concerned with conditions in prisons, which are generally over-capacity and crowded with prisoners.

“If the authorities continue to arrest and charge more MCO offenders, it will further increase the number of prisoners housed in confined spaces, where conditions are primed for the rapid spread of any infectious disease.

“Whilst the entire government machinery is geared up to battle the pandemic and wider community stays at home, it would be remiss to overlook those who are in detention centres and unable to practice proper social distancing,” they said.

They also urged the public to play a vital role by complying with the MCO and to fully cooperate with the authorities in efforts to combat the pandemic.

Defence Minister Datuk Seri Ismail Sabri Yaakob said on Thursday (April 3) that there have been 4,180 arrests and 1,449 charges made since the MCO was enforced on March 18.