Don’t handcuff kids and keep them in lock-ups, cops told

Don’t handcuff kids and keep them in lock-ups, cops told

Suhakam warns that these acts violate the Child Act 2001 and Convention on the Rights of the Child.

Suhakam’s children’s commissioner Noor Aziah Mohd Awal said the Child Act requires that the child’s identity be protected and not be disclosed at all times.
PETALING JAYA:
The Human Rights Commission of Malaysia (Suhakam) has called on the police to be more judicious in dealing with children who are in conflict with the law.

This followed the recent arrest of several children in Kuala Lumpur and Johor.

According to media reports, in one incident, two boys aged 12 and 13, were among four detained on suspicion of setting off firecrackers and throwing them at policemen at an apartment complex in Sentul during the recent Hari Raya Aidilfitri.

Meanwhile, in Batu Pahat, three boys were among those arrested in connection with the “Kerajaan Gagal” demonstration.

Both incidents happened on May 13.

Noor Aziah Mohd Awal

Suhakam’s children’s commissioner Noor Aziah Mohd Awal said in both incidents, the children were handcuffed, photographed and detained in police lock-ups.

“These arrests are in contravention of the Child Act 2001 (Act 611) and Convention on the Rights of the Child (CRC).

“By virtue of Section 83A of Act 611, a child being arrested should not be handcuffed, and the parents or guardians must be informed of the child’s whereabouts.

“The same Act and the CRC require that the child’s identity be protected and not be disclosed. The child also has the right to consult with a counsel of his or her choice.”

Noor Aziah stressed that the Child Act 2001 also states that children should not be detained in a police station, or places of detention, and be detained together with an adult who has been charged with an offence.

Stressing that detention of children should be the last resort, Noor Aziah said it was “adequate” for children to be given warnings for minor offences.

“The rights of children in conflict with the law tend to be neglected or overlooked during arrests,” she said.

“They should be treated as innocent until proven guilty, while quite often children are also victims in need of care and protection.

“If an arrest is deemed necessary, the best interests of the child should always be of paramount consideration by the authorities.”

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