PETALING JAYA: The Childrenâs Commissioner of the Human Rights Commission of Malaysia (Suhakam), Prof Datuk Noor Aziah Mohd Awal is troubled by the arrests of several children in Sentul, Kuala Lumpur and Parit Raja, Batu Pahat, Johor, on May 13.
According to reports, the children in Sentul were arrested pursuant to Section 506 of the Penal Code and Section 3 (5) of the Minor Offences Act 1955; whilst in Batu Pahat, three children were detained due to their involvement in a demonstration on May 13.
In both incidences, the children were handcuffed, photographed and detained in police lock-up, Noor Aziah said today.
âThe Childrenâs Commissioner wishes to highlight that these arrests are in contravention with the Child Act 2001 (Act 611) and Convention on the Rights of Child (CRC). By virtue of Section 83A of Act 611, a child being arrested should not be handcuffed, and the parents or guardian must be informed of the childâs whereabouts. Under the same Act and the CRC, requires that the childâs identity be protected and not be disclosed, and the childâs right to consult with a counsel of his or her choice,â she said in a statement.
âIn addition, the child shall not to be detained in the police station or places of detention or be associated with an adult who has been charged with an offence.â
The Childrenâs Commissioner said detention of children should be the last resort, as it is adequate for children to be given warnings for minor offences. If an arrest is deemed necessary, the best interests of the child should always be of paramount consideration by the authorities.
The rights of children in conflict with the law tend to be neglected or overlooked during arrests. They should be treated as innocent until proven guilty, whilst quite often children are also victims in need of care and protection, she added.
