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
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, 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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