Friday, April 17, 2020

Release 5 Mongolian Women, Victims and/or Witnesses of Rape by Policeman, as laws allows it Immediately charge and speedily try perpetrators whose victims are foreign nationals(MADPET)


Media Statement – 17/4/2020

Release 5 Mongolian Women, Victims and/or Witnesses of Rape by Policeman, as laws allows it

Immediately charge and speedily try perpetrators whose victims are foreign nationals

MADPET (Malaysians Against Death Penalty and Torture) is appalled to hear that 5 Mongolian women, 2 being alleged victims of rape and/or kidnapping by a police officer, and 3 other potential witnesses, are all now being detained under Interim Protection Orders as the police believe they are victims of human trafficking. 

These 5 women must be immediately released with the right to stay and work in Malaysia until the rape trial is completed. Too many perpetrators of crime escape simply because the victims and/or witnesses being foreign nationals, are no more in Malaysia.

It was reported that ‘..a police inspector has been arrested for allegedly raping two Mongolian women aged 20 and 37 years old after he stopped them at a movement control order (MCO) roadblock here…’(12/4/2020). The ‘… women were stopped at the roadblock at 8pm on Friday and held in the hotel room for more than 24 hours before the police team rescued them…’ based on a tip-off. The police said that ‘…the case may also be possibly investigated for kidnap and extortion.

Thereafter, it was reported that 3 ‘…other Mongolian women have been detained after they lodged a police report in relation to the alleged rape of two fellow female nationals by a police inspector….’(Malaysiakini, 14/4/2020). They were allegedly ‘…the ones who raised the alarm over the alleged rape…’

It was alleged that ‘…on April 10, the police arrived at the scene and asked the three women to go to a police station to lodge a police report over the incident, which they did and returned home afterwards….’. Then, on April 11 when the police went to the three women’s house and arrested them.

Interim Protection Orders (21 days) and Protection Orders (3 months), then Deportation?

The 2 alleged victims and the 3 witnesses, allegedly undocumented foreigners, have now been arrested under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 on the basis that they may be human trafficking victims.

They are currently being detained under an Interim Protection Order, which can last for up to 21 days.
Thereafter, if the Magistrate is satisfied that he/she is a trafficked person and in need of care and protection, a Protection Order for a period not exceeding three months can be made. 

After that, for foreign victims of human trafficking, they are handed over to the Immigration Department who will then process and usually deport them, just like any other undocumented migrants.

Law Provides Option To Release And Allow Them To Stay And Work Legally In Malaysia

However, there is an OPTION under this anti—trafficking law that will allow them their freedom to live and to work legally until the end of the trial.

The Anti-Trafficking In Persons And Anti-Smuggling Of Migrants (Permission To Move Freely And To Work) (Foreign National) Regulations 2016 allows them to not only be released immediately to be able to move around freely but to make it possible for them to work in Malaysia for at least 3 years.

This would be a the best and just solution, as this will ensure that these victims and witnesses, will all be available here in Malaysia for the trial of the said police officer – hence giving the authorities no reason for not charging and/or trying the perpetrator in court. Often, the unavailability of witnesses is one of the reasons why some perpetrators are never even charged, or if already charged, the case is discontinued and the alleged perpetrator is freed.

Best For Victims And Witnesses To Be Present At Trials To Ensure Fair Trial

There is a provision for the recording of evidence of trafficked person, whereby such evidence recorded is admissible in court, and the ‘..weight to be attached to such evidence shall be the same as that of a witness who appears and gives evidence in the course of a proceeding. ..’(Section 52 of the Anti-Trafficking Act). One wonders whether this will also apply to rape cases, and not just for anti-trafficking crimes.

However, such use of pre-recorded statements undermine the accused person’s right to a fair trial, as he/she would be denied the right to question the witnesses in court. The court will also be denied the opportunity of seeing and accessing the credibility of the witness.

To ensure justice be done, it is always important and best for the alleged victim/s and witnesses to be present personally in court to give evidence in court during trial.

No Reason To Delay Charging and Trial

In this case, there is really no reason to not speedily charge the suspect police officer, and conduct the trial speedily when all the Mongolian victim and witnesses are still in Malaysia.

The arresting of the alleged victims and taking them not to the police station, but some other place during the MCO period may be a crime.

Evidence of rape and the crime scene should have already all been collected, as reported in the media.
The witnesses are available, and what they saw and heard are still fresh in their mind. The trial could be expedited, and it could be over even in a couple of weeks.

On 16/1/2020, it was reported that the ‘…police have applied to extend a remand order against an inspector over rape allegations…’ MADPET fails to see the reason or justification for the procrastination. He should be charged and the trial out to be commenced and ended speedily, when the victims and relevant witnesses are still here in Malaysia. This would be just when it comes to situation when the victims and/or witnesses are foreign nationals, who may want to return home as soon as possible.

Poor Track Record Of Charging And Trying Police In Court

In the past, Malaysia sadly have a poor track record of prosecuting and charging police officers and other enforcement officers in court, even in cases after Royal Commission of Inquiries, Inquiries by Suhakam (Malaysian National Human Rights Commission) and Enforcement Agency Integrity Commission (EAIC) have found wrongdoings and/or even recommended prosecution. This happened, amongst others, in the Bright Sparklers case, enforced disappearance cases of Pastor Koh and Amri Che Mat, and in the death in police custody cases of Syed Mohd Azlan Syed Mohamed Nur and N. Dharmendran.

Reform Needed For Cases Where Victims Are Foreign Nationals

In Hong Kong, migrant worker victims who have a claim or a case, are provided housing and board until the end of their cases, to ensure justice be done. Malaysia should also have a similar law, to ensure the perpetrators of crime against and violators of rights of migrants, do not escape unpunished simply because these migrants have been deported and/or are no longer in Malaysia.

Victims, be they Malaysians or foreign nationals, deserve JUSTICE.

MADPET calls for the speedy prosecution, charging and trial of the suspected police officer in court;

MADPET calls for the immediate release of the 2 Mongolian women victims, and the 3 Mongolian women witnesses from detention, and that they be immediately released and also allowed to stay and work legally in Malaysia until the speedy completion the rape/kidnapping trial;

MADPET calls for no special treatment to be accorded to police officers and/or other enforcement officers who broke the law, and that they should all be charged and tried in open court, and not simply some internal discipline procedure;

MADPET also calls for speedy trials and/or adjudication when the victims and/or witnesses are foreign nationals, while facilitating and supporting their stay in Malaysia pending completion of trials, to ensure that perpetrators of crime and/or violators of rights do not escape justice by reason of unavailability of witnesses and/or victims in Malaysia;

Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)


See also the following post, which also looks at the relevant law mentioned in Media Statement above that allows all these Mongolian women to be freed immediately, and even to work legally Mongolian Rape Victim and Witnesses Detained? Deported soon? Will Police Officer be charged and tried in court?



3 Mongolian women detained after reporting cop for alleged rape of 2 others

 

Hidir Reduan Abdul Rashid
Published
Modified 7:39 am

Three Mongolian women have been detained after they lodged a police report in relation to the alleged rape of two fellow female nationals by a police inspector, said their counsel Mathew Thomas Philip.

Speaking to Malaysiakini today, the lawyer confirmed that the Mongolian Consulate hired his legal firm Thomas Philip (Advocates and Solicitors) and that they will be filing an application to release the three Mongolian women.

According to the lawyer, the three women were the ones who raised the alarm over the alleged rape of the other two Mongolian nationals by a police inspector.

It was reported that on April 11, the police arrested an inspector over the suspected rape of two Mongolian women. The police officer was detained at a movement control order (MCO) roadblock in Petaling Jaya.

Philip said the Petaling Jaya Magistrate’s Court today allowed an application by the police for a 21-day interim protection order against the trio as part of an investigation into human trafficking.

The lawyer said his legal team will be filing an application this week to set aside the interim protection order, which restricted the three women’s movements as they would be confined to a safehouse.

He said the Mongolian Consulate was shocked at the detention of the three women, adding that the interim protection order application by the police was made for them to investigate human trafficking, when in fact the trio had lodged a police report over the alleged rape of the two other Mongolian women.

“We have instructions to (file an application to) set aside the interim protection order. The (Mongolian) Consulate was shocked at what happened to the three women.

“Today, we initially thought we were going to the (Magistrate’s) Court because of an interim protection order related to the rape (investigation).

"But suddenly, we were told that the interim protection order was for (police investigation into) human trafficking.

“It was just a case of the three women going to help (the Mongolian victims) and suddenly they found themselves under the interim protection order.

“The Mongolian Consulate said the three women need not be under the interim protection order in relation to human trafficking,” he said, adding that the police claimed that the three women are considered victims in the human trafficking case.

He said that his lawyers during today’s proceedings had raised an objection to the interim order application as being baseless, because the root matter is the alleged rape of the other two Mongolian women by the police inspector, with no element of human trafficking.


Philip claimed that the two victims were allegedly kidnapped at a police roadblock on April 9, then on April 10 the three women texted in a group chat seeking help and subsequently contacted the police.

The lawyer explained that on April 10, the police arrived at the scene and asked the three women to go to a police station to lodge a police report over the incident, which they did and returned home afterwards.

It was on April 11 when the police went to the three women’s house and arrested them, he said. 

“The three women do not feel the interim protection order is necessary for protection. They just want to go home (to Mongolia) and for the Consulate to ensure their safety,” he said.

Philip added that the matter has been exacerbated by the three women’s complaint that their personal information has somehow been leaked to social media following their arrest.

“They are more fearful, they came to help the two Mongolian women and then they get put under an interim protection order and then the information on their smartphones were released.

“Some photos of them at the police station were circulated on social media. They are asking how that could have happened,” Philip said. - Malaysiakini, 14/4/2020

Police inspector arrested for alleged rape of two Mongolian women after they were stopped at MCO roadblock in PJ



Petaling Jaya police chief Nik Ezanee Mohd Faisal speaks to reporters during a press conference in Petaling Jaya April 12, 2020. — Picture by Miera Zulyana
Petaling Jaya police chief Nik Ezanee Mohd Faisal speaks to reporters during a press conference in Petaling Jaya April 12, 2020. — Picture by Miera Zulyana
PETALING JAYA, April 12 — A police inspector has been arrested for allegedly raping two Mongolian women aged 20 and 37 years old after he stopped them at a movement control order (MCO) roadblock here. 

In the Friday night incident, the two women claimed that they were stopped at a roadblock in the district while they were on their way home in a car they hired through the e-hailing app Grab.

Upon finding out that the two victims had no valid travel documents on them, the inspector reportedly took advantage of the situation and forcefully took them to a nearby hotel where he allegedly raped them. 

Petaling Jaya Police chief ACP Nik Ezanee Mohd Faisal said, acting on a tip-off, a police team led by PJ deputy police chief Supt Ku Mashariman Ku Mahmood raided the boutique hotel and rescued the two women. 

“The police inspector aged 30 was arrested and has been remanded today for five days to facilitate investigations. 

“The case is being investigated under Section 376(3) of the Penal Code for rape,” he said during a press conference this afternoon. 

Nik Ezanee said the police are also looking at other elements and may bring up more charges against the suspect as the case may also be possibly investigated for kidnap and extortion. 

“Right now, there are elements of rape. We are also looking at other charges as well.

“The victims have no valid travel documents. There are possibilities that the women are involved in the illicit sex trade but I want to make it clear that, in this case, they are the victims,” he said. 

Nik Ezanee said the suspect had kept the two women in the hotel room against their will. 

It was learnt that the women were stopped at the roadblock at 8pm on Friday and held in the hotel room for more than 24 hours before the police team rescued them. 

He said the two victims have been sent for a medical examination and will be placed under an interim protection order (IPO)

“The two women are unable to speak English or Malay so we had to use a translator who is a friend of the two victims,” he said. 

A police forensic unit was sent to the hotel room where forensic investigations were carried out. 

“I want to say that we view this case seriously. I am disappointed with the action of the policeman who acted in his own capacity and we will ensure that the stern action based on existing laws will be taken against him,” he said. - Malay Mail, 12/4/2020





  

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