TWO human rights groups today took up the cause of 142 children held under security laws, demanding their release nearly two years after a former minister said more than 150 juveniles were held under detention without trial.

“All children arrested and detained without trial should be released immediately, unless police have proof of their crime and (able to) take them to court,” said Suaram executive director Sevan Doraisamy.

Former deputy prime minister and home minister Ahmad Zahid Hamidi said in October 2017 that 159 juveniles were detained without trial under the country’s security laws.

The disclosure prompted Suaram and the Human Rights Commission of Malaysia (Suhakam) to hold a press conference today to demand Pakatan Harapan fulfil its promise to repeal the Prevention of Crime Act 1951 (POCA) and Security Offences (Special Measures) Act 2012 and release the 142 juveniles held under POCA.

“The government campaigned to do away with POCA and Sosma before the general election.

“They have made many U-turns and have delayed abolishing (these laws) while listening to police who have misused the power entrusted to them,” Sevan said, adding that police officers should also be investigated for abusing laws like POCA instead of relying on the Penal Code.

Zahid did not state the reasons for the juveniles’ arrests, only that were being investigated.

Malaysia is already moving towards detention through trial to maintain public confidence in the courts to handle such cases and restore public confidence in the police, Suhakam commissioner Jerald Joseph said.

“No matter how dangerous and worrying it may be, we must have confidence in the courts because the courts can handle it.

“Police must also do thorough investigations and charge somebody who has committed a crime and not simply detain them without trial.”

Children cannot be dealt with the same laws as adults as they could be rehabilitated, Jerald said, without being subjected to punishment such as wearing an electric monitoring device (EMD) even after the maximum 60-day remand is over.

Suaram lawyer Farida Mohammad said POCA detainees also face discrimination, such as having to ensure the EMD is visible and their MyKad replaced with a brown identity card called MyPOCA.

“This regulation has been implemented for the last two years. It is a by-law under POCA and is required under detention.

“It does not differentiate if they are children or otherwise. Since it is valid regulation of POCA, it is enforceable to all,” Farida said. – January 30, 2019.