How is everyone doing lately? Since this blog seems so “dead” I decided to write something which is relevant to all of us. As “big” as the title of this post may seem, the purpose of this post is to educate HG’ians about our rights when it comes to matters regarding the police force. We heard many cases of bogus policeman on the streets and were shocked by the unlawfully circulated video of a China citizen doing naked-squats that was recorded by a male policeman. All in all, when it comes to these issues, how many laymen know their right as enshrined in The Universal Declaration of Human Rights and The Federal Constitution (Perlembagaan Persekutuan) and other laws?
In a situation when u are stopped by a plain cloth policeman (polis berpakaian preman), u have every right to ask for his/her identification. If he/she fails to produce any, just walk away for he/she has no right to even stop you what more to ask any personal information from you. If a police authority card is produced, pay attention to its details;
If it’s RED in color- The police officer has been suspended, he has no authority to do any thing to you. Just walk away.
BLUE color- Rank of Inspector and above
YELLOW color- Below the rank of Inspector
WHITE color- Reserve police
If the policeman is in uniform, always take note of the number plate of the car and motorcycle and also take note about his name and i.d number on his uniform. This is for evidentiary purpose should you wanted to contest in court regarding any unlawful arrest or unlawful conduct by the arresting officer.
What must you answer then if you are questioned by the police in event you are stopped? What you do is only give your name, i.c. number and your address. If the police officer further asked questions, all you need to do is politely ask back; “Sir am I arrested/why are you stopping me?”. The reason is this, note this example;
A murder just occur near ESSO Batu Burok and the murderer just fled the scene. Lo and behold, Ps. Koshy jogs frequently near the crime scene everyday. Police arrived at the scene at stopped ps who was innocently near the murder scene.
After asking for i.d whatsoever;
Policeman: “Awak buat ape di sini? Awak tahu ada pembunuhan berlaku 1 jam lepas? Kenapa awak berpeluh-peluh ni?”
Ps. Koshy: “Er tuan saya tak tau la, saya jogging dan lalu tempat ini tadi sebab tu berpeluh”.
In this situation, Ps.Koshy is incriminating himself thus making him a suspect by the “Naïve” way he answered the question. So the best way is to ask whether you are arrested or not. If not then just walk away and have the right to refuse to follow the police man back to the police station or anywhere else if asked. You cannot be arrested if you are a potential witness. Should the police want to take a statement from you, they will make an informal request to you to give a statement in the police station. If the time and date is convenient for you, by all means corporate.
What if you are arrested? What do you then? Firstly, upon being arrested the police had to inform you your grounds of arrest, if not, the arrest will be unlawful this right is enshrined under Article 5(3) of the Federal Constitution. Then ask which police station will you be detained, for it is the police duty to bring you to the nearest police station. E.g. if Chester is arrested in K.T. then he cannot be detained in Besut Police Station.
When you are arrested, the police can only detain you up to 24 hours to assist investigation. The duty of the police is to complete investigation within 24 hours and to release you as soon as possible. If fail to do so, you must be produced before a magistrate should the police wants to extend your remand order. What are your rights then during detention? Under Section 28A of the Criminal Procedure Code, it is stated that before the police may commence any questioning or interrogation, he must inform you that you have the right to inform your guardian and relatives about your whereabouts and has the right for legal representation. i.e. you have the right tot make telephone calls. It’s advisable for a lawyer to be present during police questioning for they will assist you much in escaping criminal liability. If you are questioned without your lawyer present, you have the right tot remain silent as to no to incriminate yourself.
Well that’s all for part one, stay tuned for part 2 on the rights to welfare during your detention, body search, when is it lawful? And what do you do if you are beaten during detention.
Disclaimer: I had endeavored to state the laws based on materials available to me. This article is a mere advice and should not be taken as a legal advice. I will not take liability for any consequences resulting from the gross and negligent reliance on the article written.
Written by:
Witter Yee,
Vice-President,
Asian Law Students Association (Malaysia)
