Recently, the nation was shocked by a viral video of a lady being dragged by people who claimed as police! All of us, especially women are very scared and shaken by this incident. So, to avoid this incident from happening again, we are going to share with you how to identify policy and what you need to know about your basic rights to protect yourself!
Let’s all see, shall we?
If you are being stopped, ask politely for their name and identification number.
If you are being stopped by police, ask for their name and identification number. But if they are not in the uniform, you can ask to see their identification card.If it is a red colour, it means the police are suspended and he can’t do anything, so you can walk away. But, its blue, yellow, ad white, please note their name and ID number. Don’t forget to take note of their vehicle’s number plate too.
Police can only ask you for your name, identification card number and address
Don’t tell other personal information other than your name, identification card number and address.
Ask if you are arrested or not
You can ask politely them if you are under arrest. You are under arrest if they tell you ‘yes’, not allow you to leave/ want to take you to the police station or handcuff you. If you are not, you are free to leave or refuse to follow them to the police station. You also cannot be arrested if you are only a potential witness or they want to take a statement from you.
Informal/formal request for a witness statement
It is normal for the police to take an informal request for you to give a witness statement. If you have the place and time is convenient for you, corporate but if not you can ask for change. But, if you refuse to cooperate, police can give a formal request signed by investigating officer to ask for your cooperation. However, police cannot arrest you if you still disobey but it is an offence which you can be issued a warrant by the magistrate.
When giving a witness statement, bring a notebook or a paper
When you are being asked questions, write it down in the notebook or paper. Make sure you understand every question asked. You can take your time and answer the question carefully. Keep the questions for future references. It is advisable to bring a lawyer.
Ask question when being arrested.
If they don’t provide you with a reason for your arrest, it is unlawful. Also, ask where the police station that you will be taken
You are allowed to make one phone call when you are arrested
When you are being arrested, you have the right to make one phone call. You can call anyone you trusted or Legal Aid Centre. Please inform the person you are calling that you have been arrested, the time, place, and reason for the arrest. You also need to tell the identity of the police and which police station that you are being taken too.
Do not let the police put their hands in your pocket or bags when you are being searched without arrest
volunteer to empty your pocket and bags with their presences. Take out things one by one and say things clearly. When your bag is empty, turn your bag upside down.There is no law that allows police to force you to strip naked. If you are forced, protest, remember the police officer’s name and lodge a police report.
When you are being brought before a magistrate for remand
please tell the magistrate that:
- you want LAC and your family
- you want a medical treatment because you are sick or have been beaten
- if police have being threatened or beaten you during the detention
- if you are being denied proper food, water, clothing, toilet or necessary medical attention during the detention
- if police carried out the investigation while you are in detention
- You can ask for shorter remand period and give reasons such as you will cooperate with them.
Hopefully, you are well prepared and understand the procedure!
Info via PftMalaysia