KUALA LUMPUR: Children must not be detained under the Security Offences (Special Measures) Act 2012 (Sosma), says the Human Rights Commission (Suhakam).
Its chief children’s commissioner Dr Farah Nini Dusuki has called for the immediate repeal of any Sosma provisions allowing the detention of minors without trial.
“While we welcome last Friday’s (Jan 23) release of the 16-year-old girl who was previously detained in Kedah, the detention should never have occurred in the first place.
“The apprehension and detention of the child were not in compliance with Section 84 of the Child Act 2001 (Act 611), which requires that a child be brought before a court for children within 24 hours of arrest, a requirement that was not met
“Further, Section 83(1) of Act 611 expressly provides that the Child Act prevails over all other laws relating to the arrest, detention and trial of children,” she said in a statement.
She added that the child had been detained since Jan 14 January in connection with investigations under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.
“This overriding safeguard was disregarded, resulting in a clear violation of the child’s rights,” she said.
She said the placement of the teenager in a lock-up together with adult female detainees also contravenes Section 85(a) of Act 611 and breaches Article 37(c) of the Convention on the Rights of the Child (CRC), which requires that children be detained separately from adults and treated in a manner appropriate to their age.
Farah Nini said Suhakam is deeply concerned that the child was denied the safeguard provided under Section 13(2)(a) and (b) of Sosma.
“As a child and a female, she ought to have been granted bail rather than subjected to Sosma’s 28-day pre-charge detention under Section 4(5).
“The child’s detention for close to ten days, which reportedly resulted in health complications, constitutes a violation of the child’s best interests under Article 3 of the CRC,” she said, emphasising its stance that children must not be detained under Sosma.
“As the Act permits detention without trial, it is fundamentally incompatible with child rights standards and any provision allowing for the detention of children under Sosma should be repealed in its entirety,” she said.
The minor was reportedly arrested at a roadblock near the Jitra toll plaza.
The girl’s mother claimed that police flagged down the vehicle in which the teen was travelling, alleging that it was being used to smuggle migrants.
After a week of detention, she was said to have suffered vomiting and developed skin allergies.
