KUCHING: Police are investigating an incident in which a 16-year-old girl claimed she was raped by a male detainee while being held at the Miri Police Station lockup on Jan 9.
Sarawak Police Commissioner Datuk Aidi Ismail has given the assurance that a thorough investigation would be carried out to determine whether there are elements of negligence in the case.
“Two police personnel on duty on the day the incident took place have been immediately suspended from their duties,” he said.
Senator Alan Ling Sie Kiong through a posting on his Facebook page today said that a teenage girl has lodged a police report over the incident.
In a statement, Eliminating Deaths and Abuse In Custody Together (EDICT) said that in non-serious cases, the police should have only interrogated minor suspects in the investigation room, and not have placed them in a lock-up.
“The failure of the police to ensure that there is no association between child and adult detainees is contrary to the requirements of Section 85(a) of the Child Act 2001,” it said.
Section 85(a) of the Act requires appropriate arrangements to be made to prevent child detainees from associating with an adult who is charged with an offence.
This includes instances when the child detainee is being conveyed to or from a police station or place of detention, being detained in a police station or place of detention, being conveyed to or from any court, or waiting before or after attendance in any court.
“It was found that there was a violation of police procedure when the teenage girl was arrested, for example per Section 85(b) of the Act,” EDICT said.
“The section states that a juvenile detained in a lock-up shall be cared for by at least one female officer. However in this case the cell she occupied was not taken care of and could even be opened by other detainees.”
EDICT said the case was proven, the police must be held accountable for negligence and misconduct against the victim as well as disobeying the instructions contained in the Act.
