A couple arrested for alleged involvement in militant activities made forced confessions in order to secure the release of their children who were detained with them, human rights group Suara Rakyat Malaysia (Suaram) said today in highlighting police misconduct under the Security Offences (Special Measures) Act 2012 (Sosma).
BY MELATI A. JALIL
Published: 11 December 2014
A couple arrested for alleged involvement in militant activities made forced confessions in order to secure the release of their children who were detained with them, human rights group Suara Rakyat Malaysia (Suaram) said today in highlighting police misconduct under the Security Offences (Special Measures) Act 2012 (Sosma).
Suaram also revealed other abuse by the police, such as slapping detainees, pulling their hair and threatening detainees in the detention of 14 individuals, including the family of five, who were arrested on October 13 at a restaurant in Shah Alam on suspicion of being involved with the Islamic State of Iraq and Syria (Isis).
“In the case of the whole family who had been detained, police had threatened the parents to confess in order for their children to be released,” Suaram coordinator Syukri Razab told a press conference today, adding that the parents did so under pressure.
The children were aged 21, 19 and 14. Only the 14-year-old was released the day after the arrest, while the other two were released more than three weeks later.
According to Suaram, police had threatened to charge the two elder children if their parents did not confess. The 14-year-old and another child of the couple’s, a 15-year-old, were also brought to the police headquarters at Bukit Aman and interrogated without the presence of a caretaker.
“Other misconduct by police were (not allowing) detainees to contact Suaram and their lawyers during the 28 days of detention, male detainees were slapped and their hair pulled, and women were forced to squat because they did not want to cooperate during the interrogation,” Syukri said.
Suaram today handed a memorandum titled “Berhentikan jadikan Sosma alat cabuli hak asasi” (Stop using Sosma as tool to violate fundamental rights) to the Malaysia Human Rights Commission (Suhakam).
The group wants Suhakam to investigate all allegations of police misconduct under Sosma.
Syukri said the law was unconstitutional as it violated human rights by detaining suspects for up to 28 days without having to be brought to court.
Sosma replaced the Internal Security Act (ISA), which was repealed in 2012. Under the ISA, detention without trial was allowed for up to 60 days and then for two years, renewable indefinitely at the discretion of the home minister.
Of the 14 arrested at the Shah Alam restaurant, two have been charged with abetting Isis and five have been charged with declaring support for Isis.
The remaining seven, including the 21-year-old and 19-year-old, were released on November 11 after the 28-day detention period for investigations had lapsed.
Syukri said of the seven who were charged, six were forced to confess as police had threatened them during the interrogation.
Syukri added that most of the detainees were not legally represented when they were brought to court as police told them to not call lawyers during the 28-day detention period.
They were told that calling lawyers would be “expensive”.
Family members of the detainees also told Suaram that police interrupted their visits and would interrogate them.
Syukri said Sosma violated several basic rights protected by the Federal Constitution, such as the right to a lawyer, the right to be produced in court to face a charge or be set free, and the right to be free from abuse.
“Suhakam needs to urge the government, especially the Home Ministry, to abolish Sosma and other draconian laws that have the detention without trial element like the Prevention of Crime Act (Amendment and Extension) 2013 and the Dangerous Drugs Act (Special Preventive Measures) 1985.
“We demand for Suhakam to make immediate visits to all detention centres to oversee the welfare provided to detainees.”
Also present was human rights lawyer, Farida Mohammad, who visited several detainees during the 28-day detention period.
Suhakam was represented by its commissioner James Nayagam, deputy secretary Nurul Hasanah Ahamed and officer Intan Farida.
According to figures compiled by Suaram, 146 people have been detained under Sosma, but only 53 were charged. The others have been released. – December 11, 2014.