It is important for the public to ask questions when unsure of police actions taken against them, said an activist during a weekend "Know your rights" workshop organised by human rights organisation Suaram.

"It is important for people to ask questions to show that they are aware of their rights. Always ask the police for a warrant and their identity cards even if they are in uniform," Suaram coordinator S Arutchelvam said during a session on police powers and civil rights.

He said although police are legally allowed under Section 24 of the Police Act to stop an individual in a vehicle and carry out an inspection without a warrant, this is subject to the condition that the car has to be suspected of having been used in a criminal activity.

When faced with this situation, the person should:

  • ask the police for reasons that they are inspecting the vehicle;

  • ask to see the identity cards of the police; and

  • record the names of the police undertaking the task.

    • "The traffic police are allowed to pull motorists over but for other cases, there should be a visible road block and the presence of a ranked officer," added Arutchelvam during the workshop held at the Selangor Chinese Assembly Hall in Kuala Lumpur.

    In cases of house searches, police are also bound by several conditions:

  • a search warrant is required unless there is proof that a suspected criminal is hiding in the house, stolen goods are kept in the house or that criminal activity (e.g. money counterfeit, gambling) is being carried out;

  • an officer ranked inspector (three stripes) or above must be present;

  • the house resident is allowed to accompany the police as they conduct their search:

  • a signed official receipt must be presented to the resident when items are confiscated.

    • "The police can take away items, including money, but they have to fill up a form. If the individual refuses, he or she can be considered as obstructing police work and be arrested on grounds of 'non-cooperation'," said the activist.

    "The resident, if alone, may also request to be accompanied by a neighbour during the police search," he added.

    Traffic offences

    For traffic offences, Arutchelvam stressed that an individual cannot be arrested if their compounds have not been paid.

    "If the compound is not paid, the police may obtain a summon from the court and have it served in person. If the individual does not respond to the summon, the police can then apply for an arrest warrant from the court in order to bring the person to court immediately," he added.

    An individual can also be asked to assist in police investigations to act as their witness, said Arutchelvam. However, certain steps must be taken first.

    "The police cannot just call up a person and ask them to be present at the station," he said, adding that the correct procedures should include:

  • application of a 111 subpoena notice from the Magistrate's Court which is served to the individual;

  • the police can record a 112 witness statement during the questioning session but an individual is entitled to postpone making possible self-incriminating statements until he/she is brought before a magistrate;

  • if arrested, the police may seek to record a 113 statement from the individual but the individual is entitled to postpone answering all questions until brought before a magistrate.

    • Entitled to lawyer

    "If a person is uncomfortable with the questions asked by the police, they are entitled to answer them only when in court. This is so that a person can obtain legal advice and represent himself or herself better.

    "An individual is also entitled to appoint a lawyer during the first 24 hours of arrest even if the person has not been charged with an offence," he stressed.

    Those who are unable to afford their own lawyers may ask for help from legal aid centres in their respective states, he added.

    When a person is arrested, said Arutchelvam, he or she will be in contact with three different police officers 

  • the magistrate may allow an extension of the remand order, for a total inclusive detention period of 14 days;

  • after 14 days, a detainee must be released unless formally charged with an offence.

    • On police conduct, Arutchelvam said the police must observe several rules when dealing with individuals:

  • male police are not allowed to carry out a body search of a female person although he is allowed to arrest her;

  • the police may only handcuff individuals suspected of criminal offences (which do not include traffic offences);

  • the police are only allowed to use firearms in self-defence or on a person attempting to escape if he/she is suspected of committing crimes which carry a death sentence.

    • Report offending police

    Should a person's rights be violated during contact with the police, Arutchelvam said action can be taken against the police personnel involved.

    "A police report can be lodged against the offending policeman at any station. A tatatertib (disciplinary) report can also be lodged at the police headquarters in Bukit Aman, Kuala Lumpur," he said.

    The Suaram workshop, which included discussions on women's rights, workers' rights, land and housing rights and consumer rights, was held as part of an on-going initiative to educate the public on their civil rights.

    Suaram is a non-government organisation set up in 1987 in response to the Operasi Lalang detention of 106 Opposition leaders, social activists, religious teachers and educationists under the Internal Security Act which allows for indefinite detention without trial. The organisation campaigns for civil and political rights in the country.