Thursday, July 7, 2011

What to do if you got arrested at BERSIH rally. Read it to know your right. Just Read!

Advice given by the Lawyers for Liberty:


Latheefa [Lawyers for Liberty] gave the following advice in the face of arrest:


The basic point is NOT TO PANIC, to remain calm and remember to demand for your rights.


“If the Police is NOT in uniform, demand to be shown his Authority Card[Kad Kuasa].
If the card is red in colour, that officer has been suspended and has no authority over you"


Otherwise, you must make sure you note his name, ID number, car registration or motorcycle number.


All these information are of the utmost importance!


Latheefa said, a person is only arrested if he/she asked ‘Adakah saya ditangkap’ - "Am I arrested" and was given the answer ‘ya’ - "Yes" by the police, not allowed to pass by the police, taken to the police station or handcuffed.


But she said that the arrest is not valid if the police do not inform you the reason for your arrest.


“It is the law that the police has no right to hit you or confiscate your personal belongings like your wallet/purse and your handphone unless you are been sent to the lockup for detention."


“All items confiscated must be recorded "Borang Senarai Rampasan" and make sure all items are returned to you immediately after you are released."


Please ensure that if you are arrested you are sent to the lock-up stated by the police officer and not taken to another place or Police station.


“When you are arrested, you are ENTITLED to make one phone call to your family,friend or lawyer to inform them of your time, place, reason for arrest and police station you have been taken to for the ONLY 24 hours investigation limit


“If the Police wants to extend the period of your detention, you must brought to a Magistrate and make sure you know the name and position of the investigating officer."


“Remember you need only state you name, age, occupation and residence address.




To all other questions just choose not to answer by saying‘Saya menggunakan hak berdiam diri di bawah seksyen 112 (2) atau ‘saya menggunakan hak berdiam diri dan akan menjawab di mahkamah’,” -" I am using my right to keep silent and will only answer in court."


“If you are threatened or forced to give a statement, you are entitled to make a report against that police officer"


If you are charged in court for assembling in a peaceful manner, don't plead guilty and apply for the case to be tried.


“After that you are entitled to be freed, by posting a bond determined by the court under seksyen 29 Kanun Acara Jenayah and you can apply to reduce bond by stating your responsibilities."



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