Persatuan Promosi Hak Asasi Manusia / PROHAM is alarmed at the disclosure by the Home Minister in Parliament that as many as 142 children have been arrested under the Prevention of Crime Act 1959 (POCA) and 17 children under the Security Offences (Special Measures) Act 2012.
The arrest under POCA provides for a detention without trial. Hence, these children have been deprived of their basic human rights, children deprived of liberty can be vulnerable to abuses.
The Convention on the Rights of the Child clearly states, as in the Declaration of the Rights of the Child adopted by the United Nations General Assembly and recognised in the Universal Declaration of Human Rights; the child by reason of his physical and mental immaturity needs special safeguards and care including appropriate legal protection. Article 37 of the Convention on the Rights of the Child clearly provides that no child shall be subjected to torture or other cruel, inhumane or degrading treatment or punishment. It also clearly provides that no child shall be deprived of his/her liberty unlawfully or arbitrarily. As Malaysia is a signatory to this Convention, the Government must take all appropriate measures to ensure that the child is protected against all forms of discriminations and punishments.
PROHAM urges the Government to respect these rights embodied in the Convention on the Rights of the Child.
Further, PROHAM calls on the Government to release these children immediately or charge them in the Juvenile Court so that these children are afforded legal rights to defend any allegations made against them. All children have the right to the protection of the law and access to justice.
Datuk Kuthubul Zaman, Chairman & Ivy Josiah, Secretary General
Society for the Promotion of Human Rights
Persatuan Promosi Hak Asasi Manusia (PROHAM)
8 November 2017
Secretary General of PROHAM- For further information conatct Ivy Josiah at 0123717070