Minor battles Restricted Residence Act
An application of leave for judicial review will be filed in Kuala Lumpur High Court tomorrow, to challenge the Home Ministry's decision to place a minor under the Restricted Residence Act 1933.
An application of leave for judicial review will be filed in Kuala Lumpur High Court tomorrow, to challenge the Home Ministry's decision to place a minor under Emergency (Public Order and Prevention of Crime) Ordinance 1969.
The case involves three minors from Semenyih, aged between 15 and 17, who were detained on Dec 21 last year for alleged possession of a stolen vehicle and being a public nuisance.
They have been held in various police stations for 21 days, and then detained in the Semenyih police station under the Emergency (Public Order and Prevention of Crime) Ordinance 1969 for another 60 days.
On Mar 12 this year they were then slapped with another suppressive law, the archaic Restricted Residence order, which comes under the Emergency Ordinance.
They have been sent to Kawasan Linggi in Negeri Sembilan, Berangan in Semenyih and Batang Berjuntai in Kuala Selangor respectively.
Now the youth held in Kawasan Linggi is applying for the order to be lifted.
The 17-year-old's lawyer, Syahredzan Johan, told Malaysiakini , "We will file for an application of leave, securing a judicial review on the decision of the home minister.
"However, there might be a problem here, as the Attorney-General Chambers might object to the application," he said.
Child's rights violated
Syahredzan says he will argue on a violation of the Convention on the Rights of the Child (CRC).
He expressed that in his view, the Home Ministry's actions were highly inappropriate to a minor.
"According to his parents, the minor would call them almost every day, crying about his situation there," he said.
As the youth is barred from leaving Kawasan Linggi, he might miss his SPM examinations this year.
Suaram and other human rights workers have condemned the detention of the minors as unlawful, saying that they should be charged in court rather than be detained.


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