Lawyers cry sabotage over EO detainees' banishment
Lawyers for Liberty (LFL) has labelled the recent banishment of three teens being held under the Emergency Ordinance as "an act of sabotage" by the police to frustrate efforts to free the trio.
Lawyers for Liberty (LFL) has labelled the recent banishment of three teens being held under the Emergency Ordinance as "an act of sabotage" by the police to frustrate efforts to free the trio.
"The order is effective today... signed by the deputy home minister," LFL spokesperson, lawyer Fadiah Nadwa Fikri told Malaysiakini today.
She also slammed the callous manner in which the cops informed the teens of their relocation to their respective banishment areas as per the Restrictive Residence Act.
"It's up to you to decide, you can live by the side of the road or in a surau," one cop reportedly said when telling the teens they will have to fend for themselves while in banishment, without any provisions for their accommodations nor employment.
Fadiah Nadwa (right) called such treatment "draconian" and heartless.
The teens will now have to reside in the respective areas they have been assigned to and must report to a police station weekly.
They must also follow a curfew, only being allowed to leave their place of residence between 6am to 8pm.
Each of the three will be banished to three different states, one in Kedah, one in Johor and another in Pahang.
'Banishment to frustrate habeas corpus application'
The lawyer related that the families of Mohd Rafe Mohamed Ali, 20
(left)
, and Mohd Ramadhan Mohamed Ali, 22
(right)
, were informed of the restricted residence order yesterday evening, when they went to visit the brothers.
Meanwhile the family of the third teenager, Muhamad Arif Abu Semah, 19, was not informed. They had only found out about the decision through the other detainees as the three shared the same cell.
Fadiah Nadwa believed that the move is a deliberate move by the police to frustrate a habeas corpus application currently ongoing in Mohd Ariff’s case.
“They will argue that they no longer have physical custody of the teens,” said Fadiah Nadwa.
Habeas corpus applications require the police to provide the physical evidence for the offence upon which a person is detained, or be compelled to release them.
Without the teens in physical detention, the principle of habeas corpus does not apply.
However, she added that this will not be the end in their fight to free the youths from detention without trial.
“We will continue to challenge their detention by arguing that the Restrictive Residence Act violates the federal constitution,” said the lawyer.


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