©The Star (Used by permission)
IT seems that most worthwhile endeavours in this country come about as a result of scandals and wrongdoing, more so if these are caught on tape.
In November 2005, a shocking amateur video footage depicting a young woman being forced to disrobe and perform squats, apparently on the instructions of a police officer, was released to the public via mobile phones.
It was later revealed that the incident had been surreptitiously recorded in a police lock–up. The video footage appeared to confirm allegations of mistreatment of detainees in police custody.
The public outcry that followed the circulation of the video footage resulted in the establishment of a Royal Commission of Inquiry to investigate the scandal and the conduct of the Royal Malaysian Police.
In 2006, as a result of all the allegations and disenchantment, a group of lawyers decided to educate the general public as to their rights in relation to the powers of the police as provided in the Criminal Procedure Code (CPC).
These lawyers proceeded to form an informal group appropriately known as Tangkap, an acronym for Tindakan Anti–Penyalahgunaan Kuasa Polis.
Despite the slightly facetious name, Tangkap was steadfast in its resolve to create awareness among the public on their rights when facing the police in various situations.
Tangkap decided that one way to achieve its goal would be to produce a pocketbook containing pertinent information that can be easily understood.
The pocketbook was entitled Police And Your Basic Rights, but now better known as the Red Book.
The Red Book in its initial form was made possible largely by the efforts of Tangkap and other lawyers, who provided input, financing and, eventually, even its distribution to the public.
Since then, the Red Book has been amended to take into account amendments to the CPC. The Red Book in its current form was launched on Feb 16 as a pamphlet.
Approximately 100,000 copies have been printed this time around, with the cost borne by the Malaysian Bar Council as part of its community projects initiative.
For the rest of the 25 million or so Malaysians who do not receive a copy, here is a sneak peek at some of the issues dealt with in the Red Book.
If you happen to be walking around in town and are suddenly stopped by a plainclothes gentleman who asks for your identity card, you may proceed to courteously ask him to produce his authority card, which comes in vibrant colours – blue, yellow or white.
If the gentleman produces a red card, you need not cry “foul”. Simply know that the gentleman in question is a suspended police officer who currently does not have authority. So, politely decline his request and go on your way.
However, if a police officer with a valid authority card stops you and begins to question you, you need not blurt out the entire story of your life.
You should instead just give your name, identity card number and address; and if you haven’t been handcuffed and taken to the police station, it would be a good idea to ask if you are under arrest.
If the police officer says no, you can refuse to follow the officer to the police station or any other place. You may then walk away.
If the officer pulls out his gun or baton, you are advised not to emulate Jackie Chan and attempt to disarm the officer. At this point, it would be obvious that you are under arrest and as such you should cooperate with the police.
Bear in mind that if you are arrested, the first thing to do is ask why you have been arrested. An arrest is unlawful if you are not informed of the reason for the arrest.
Also, the arresting officer must immediately take you to the nearest police station after the arrest. That means that he cannot leave you in the police car while he has a roti canai or two with his mates.
If you have been following cop shows on television (apart from Gerak Khas), you would already know that once you have been arrested, you are entitled to a telephone call.
In Malaysia, you are allowed two calls. Although it may seem like a good idea at the time, you should resist the urge to call Pizza Hut Delivery but instead call a relative or a friend and a lawyer.
The latter is important because, your lawyer acts as a guardian angel and is able to prevent abuse of police powers and ensure that your rights are not infringed on while in police custody.
However, the police can deny you access to a lawyer if there is likelihood that such access may result in another crime or cause danger to others.
Some pertinent information:
> The police cannot arrest you just because you are a potential witness and they want to take a statement from you (this is known as a section 112 statement).
> You have the right to be accompanied by a lawyer when you give a section 112 statement and you may refuse to answer a question if is likely to expose you to a criminal offence.
> If you are arrested, you can be detained for up to 24 hours at a police station or lock–up, pending investigation.
> If the police cannot complete investigations within 24 hours, you may be brought before a magistrate who may issue a remand order to extend your detention.
> Generally, the police cannot conduct a body search without arresting you.
> When a body search without arrest is conducted, do not allow the officer to put his hands into your clothes or pockets; and if you are female, the body search can only be done by a female officer; and if you are forced/threatened to strip, you must protest, remember the officer’s name and lodge a police report after the incident.
> When you are questioned by the police after arrest, you have the right to remain silent and if you do, simply say “I would like to exercise my right to silence”.
These are merely some of the issues dealt with in the Red Book, a copy of which can be downloaded at this link:
http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_details&gid=2005&Itemid=332
Putik Lada, or pepper buds in Malay, captures the spirit and intention of this column – a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society. For more information about the young lawyers, please visit www.malaysianbar.org.my/nylc.
In 2006, as a result of all the allegations and disenchantment, a group of lawyers decided to educate the general public as to their rights in relation to the powers of the police as provided in the Criminal Procedure Code (CPC).
These lawyers proceeded to form an informal group appropriately known as Tangkap, an acronym for Tindakan Anti–Penyalahgunaan Kuasa Polis.
Despite the slightly facetious name, Tangkap was steadfast in its resolve to create awareness among the public on their rights when facing the police in various situations.
Tangkap decided that one way to achieve its goal would be to produce a pocketbook containing pertinent information that can be easily understood.
The pocketbook was entitled Police And Your Basic Rights, but now better known as the Red Book.
The Red Book in its initial form was made possible largely by the efforts of Tangkap and other lawyers, who provided input, financing and, eventually, even its distribution to the public.
Since then, the Red Book has been amended to take into account amendments to the CPC. The Red Book in its current form was launched on Feb 16 as a pamphlet.
Approximately 100,000 copies have been printed this time around, with the cost borne by the Malaysian Bar Council as part of its community projects initiative.
For the rest of the 25 million or so Malaysians who do not receive a copy, here is a sneak peek at some of the issues dealt with in the Red Book.
If you happen to be walking around in town and are suddenly stopped by a plainclothes gentleman who asks for your identity card, you may proceed to courteously ask him to produce his authority card, which comes in vibrant colours – blue, yellow or white.
If the gentleman produces a red card, you need not cry “foul”. Simply know that the gentleman in question is a suspended police officer who currently does not have authority. So, politely decline his request and go on your way.
However, if a police officer with a valid authority card stops you and begins to question you, you need not blurt out the entire story of your life.
You should instead just give your name, identity card number and address; and if you haven’t been handcuffed and taken to the police station, it would be a good idea to ask if you are under arrest.
If the police officer says no, you can refuse to follow the officer to the police station or any other place. You may then walk away.
If the officer pulls out his gun or baton, you are advised not to emulate Jackie Chan and attempt to disarm the officer. At this point, it would be obvious that you are under arrest and as such you should cooperate with the police.
Bear in mind that if you are arrested, the first thing to do is ask why you have been arrested. An arrest is unlawful if you are not informed of the reason for the arrest.
Also, the arresting officer must immediately take you to the nearest police station after the arrest. That means that he cannot leave you in the police car while he has a roti canai or two with his mates.
If you have been following cop shows on television (apart from Gerak Khas), you would already know that once you have been arrested, you are entitled to a telephone call.
In Malaysia, you are allowed two calls. Although it may seem like a good idea at the time, you should resist the urge to call Pizza Hut Delivery but instead call a relative or a friend and a lawyer.
The latter is important because, your lawyer acts as a guardian angel and is able to prevent abuse of police powers and ensure that your rights are not infringed on while in police custody.
However, the police can deny you access to a lawyer if there is likelihood that such access may result in another crime or cause danger to others.
Some pertinent information:
> The police cannot arrest you just because you are a potential witness and they want to take a statement from you (this is known as a section 112 statement).
> You have the right to be accompanied by a lawyer when you give a section 112 statement and you may refuse to answer a question if is likely to expose you to a criminal offence.
> If you are arrested, you can be detained for up to 24 hours at a police station or lock–up, pending investigation.
> If the police cannot complete investigations within 24 hours, you may be brought before a magistrate who may issue a remand order to extend your detention.
> Generally, the police cannot conduct a body search without arresting you.
> When a body search without arrest is conducted, do not allow the officer to put his hands into your clothes or pockets; and if you are female, the body search can only be done by a female officer; and if you are forced/threatened to strip, you must protest, remember the officer’s name and lodge a police report after the incident.
> When you are questioned by the police after arrest, you have the right to remain silent and if you do, simply say “I would like to exercise my right to silence”.
These are merely some of the issues dealt with in the Red Book, a copy of which can be downloaded at this link:
http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_details&gid=2005&Itemid=332
Putik Lada, or pepper buds in Malay, captures the spirit and intention of this column – a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society. For more information about the young lawyers, please visit www.malaysianbar.org.my/nylc.