KUALA LUMPUR: The 142 children detained under Prevention of Crime Act 1959 (Poca) as claimed by human rights groups recently is actually the number of children arrested between 2015 and 2017 for allegedly involved in various crimes.
Home Minister Tan Sri Muhyiddin Yassin in a statement today clarified that only one young offender is still being detained under Poca.
“The 142 children including 25 young offenders remanded for further investigation into the alleged offences. Eighteen of them has been released while 87 young offenders are placed under restriction.
“The remaining young offenders arrested have been placed at the special rehabilitation centre.
“This showed that not all underage persons, who arrested by the police, will be detained or put under police supervision order under Poca,” he said.
Muhyiddin assured that each individual arrested will undergo a thorough investigation process.
“If there is evidence of their involvement in activities, action can be taken against them under Poca.
“Application to extend remand against them would be submitted in Court and the ministry’s investigating officer will commence the inquiry,” he said.
Muhyiddin said the investigating officer would then hand over inquiry’s findings to the Crime Prevention Board (CPB).
“CPB will make assessment based on the inquiry of the ministry’s investigating officer as well as police’s investigation paper before they come to a decision, whether to place the person under Police Supervision Order, Detention Order or to be released.
“According to CPB, as of Jan 30, only one underage individual still serving two-year detention at Kluang special rehabilitation centre for committing violent crime and none of the underage individual was under Police Supervision Order outside prison,” he said.
Yesterday, Suaram and the Human Rights Commission of Malaysia (Suhakam) had urged the government to review laws on juvenile detention.
They also revealed that as of 2017, 142 children had been detained under Poca for theft-related cases.
The ministry, said Muhyiddin, is deeply concerned and aware of the welfare of all detainees including underage detainees.
“Underage detainees will be separated from adult detainees at Kluang special rehabilitation centre.
“Throughout the detention period, detainees will undergo human capital development programmes and rehabilitation programmes that include religious module, psychology, personality development, statehood and skills to prepare them upon release.
“Detainees are also given access to education at the School of Integrity created specially in prison institutions through the cooperation of the Education Ministry,” he said, adding that the ministry would also made regular assessments on detainees.
“Based on the assessment conducted, their Detention Order could be terminated or be converted to the Police Supervision or be released if they have reached the required level of recovery,” he said.
He said for those under Police Supervision Order, police also undertake outreach programme to explain on their rights and to disclose the employment opportunities provided by the Labour Department, to expose eligible charitable assistance through the Social Welfare Department, and counseling sessions.
“Everyone under restriction is given the chance to attend such programme before the order against them expired.
“Like other detainees under Poca, underage detainees also have the legal rights to apply for judicial review or habeas corpus in court to re-evaluate compliance with their detention procedures.
“They may submit Advisory Board in the Prime Minister’s Department in accordance with the Article 151 of the Federal Constitution to re-evaluate the merits of their detention.”