ACTIVISTS and lawyers have called upon the police to come up with a new standard operating procedure (SOP) in handling movement control order (MCO) violators.

They feel these violators should not be treated as criminals, and suggested that fines are sufficient instead of seeking jail terms or having them remanded pending prosecution.

Their calls coincides with similar sentiments from the Prisons Department, which has urged the courts not to jail MCO offenders as it was causing overcrowding in prisons and making social distancing impossible. They urged judges to sentence offenders to community service instead.

Suara Rakyat Malaysia (Suaram) executive director Sevan Doraisamy said the police urgently needed to introduce a new SOP in handling MCO flouters.

He said that the ongoing MCO arrests have burdened the cops with unnecessary bureaucracy.

“Since the MCO was imposed, our daily routine has changed. Although the intention of imposing the restriction order is for a good cause, the legal action against the violators will only bring more harm to the situation.

“Are the detainees allowed to have legal counsel under their detention? If they are allowed to, then lawyers have to perform their duties by meeting them, and the families have the right to see them, too.

“These are all unnecessary burdens faced by the frontliners who are exposed to the virus.

“Suaram hopes that the cops will introduce a new system to handle those who breach the MCO,” said Sevan.

Sevan also cited a United Nations report dated April 2 that said arrests should not be made for breaching restriction orders as such cases are not criminal in nature.

“According to a renowned lawyer appointed by the UN, Agnes Callamard, no one should be arrested for violating the MCO and the case should not be classified as a criminal offence.

“Some of them have no choice but to go out to look for food for survival. Under the current situation, they should not be punished. There should be a way to deal with them.

“To send them to lock-ups will worsen the situation and sending them to prison because they can’t pay the fine is more dangerous.

At the court’s discretion

Lawyer Haniff Kathri Abdulla, meanwhile, said that judges can use their discretion when sentencing an offender.

He echoed Sevan’s view that sending MCO violators to lock-ups or jail would only cause the virus to spread.

“There is a need for social distancing now. You cannot have that in lock-ups or prisons. If they are put in jail, they are putting other inmates and wardens at risk of getting infected.

“Each and everyone detained cannot receive the same form of punishment. Not everyone will be jailed and not everyone will be fined if they violate the MCO.

“But the court can use its discretion and sentence them to social work, such as cleaning up old folks’ homes or welfare work for six months after the outbreak is over.

“Do not burden prisons and for remand purposes, just release them on police bail. The cops need to investigate the case in detail, too,” the senior lawyer told The Malaysian Insight.

So far, hundreds of individuals have been detained for breaching the MCO, which began on March 18. The order was issued after the number of Covid-19 cases increased nationwide.

A total of 380 people have been remanded with 362 charged in court, while 33 have been released on police bail.

Defence Minister Ismail Sabri Yaakob had said earlier today that there was a slight drop in the number of arrests made yesterday, with 413 MCO flouters detained.

The day before, 524 individuals were apprehended for violating the order.

Stop causing more panic

Article 19 programme coordinator Nalini Elumalai, meanwhile, said arresting and prosecuting offenders were not suitable under the current situation, and cannot be the only solution.

“Any criminal sanctions for failure to comply with the MCO should be the last resort. Any detention must be accompanied by enough safeguards and independent review to prevent abuse,” she said.

The Malaysian representative for Article 19 added that the pandemic cuts across the entire spectrum of human rights, including right to healthcare, civil liberties and a safe life.

“This is an extremely frustrating time for everyone, especially the vulnerable, elderly and impoverished. What we need to encourage now is empathy, compassion, respect for one another and kindness.

“Continue to educate people to stay home in a more civilised manner. Yes, there are people disobeying the movement control order, but we don’t have to make the ongoing panic worse by ill treating the public,” she said.

Bukit Aman awaiting official decision 

In a related development, the police said they were ready to issue compound notices to MCO violators but were still waiting for an official decision on the matter.

Bukit Aman CID director Huzir Mohamed said it remained, however, up to the police whether to open an investigation paper or issue a compound notice for any offence during the MCO.

“We will consider the appropriate action based on the offence committed. If issuing compounds is effective in getting a higher compliance to the MCO, then it might be the best action.

“However, if the people still refuse to adhere to the MCO, detaining and prosecuting the violators will still be conducted,” Huzir said. – April 4, 2020.