The Simpang Renggam detention centre in Johor is 'home' to 700 suspected hardened criminals - and 105 minors, defined under Malaysian law as between 14 and 21 years of age.

Lawyer RR Mahendran questioned the legality of holding minors at the detention centres under the Emergency (Public Order and Prevention of Crime) Ordinance Act 1969 and the Dangerous Drugs (Special Preventive Measures) Act 1985.

He cited the Child Act 2001 as stipulating that all persons above the age of 14 and below the age of 21 years should be sent to Henry Gurney schools (vocational schools for troubled or underprivileged youths).

Section 75 states that a child can be placed in such vocational centres if found guilty of a crime punishable with imprisonment, or is habitually in the company of persons of bad character.

"This is an Act to consolidate and amend the laws relating to the care, protection and rehabilitation of children and to provide for matters connected therewith and incidental thereto," he said quoting the legislation.

This, he said, plainly means that the Act overrides other laws pertaining to minors.

On June 1, Deputy Internal Security Minister Noh Omar had disclosed that there were minors in Simpang Renggam, but that they are being housed in separate quarters from those used for adults.

Questionable influences

Mahendran urged the government to exercise its powers judiciously when detaining minors as sections 76 and 77 of the Act provide for minors to be held at appropriate centres, and not in prisons and detention camps.

He pointed out that minors are susceptible to being influenced by adult detainees who allegedly have a dangerous and violent criminal background.

"These minors are not convicted criminals. They are there merely based on allegations. What's worse is that they are associating with some who are reputed to have a criminal background," he said by telephone from Johor.

He questioned whether these minors are getting education or training - as provided for in the Act - or if they are picking up other 'skills' from their fellow inmates.

"In my years of experience and having often been to the centre, I know that they do not attend vocational training or religious classes but rather watch television almost all the time," he said.

"From 8am to 4pm these kids come down from their (separate) blocks to a common area where they mingle with the adults in the auditoriums and playing fields.

He also took the internal security ministry and its minister to task for signing detention orders for these minors, even though their age is specified on the document.

'Breach of law'

Mahendran also raised the issue of the re-arrest of his client Faridah Muhamad @ Azizah, 37, shortly after the Johor Bharu High Court had ordered her release on May 30.

While earlier detained for eight months in Simpang Renggam under the Dangerous Drugs Act, she had her baby with her. Her Burmese husband - who had also been initially arrested and released - has since been deported.

Faridah and the eight-month-old baby are currently being held at the Larkin women's detention centre at the Johor police headquarters.

"Why are they still holding her? This is a breach of law because the police did not file an appeal against the high court order, while the Dangerous Drugs Act does not provide for powers of re-arrest," he said.

Mahendran claimed that Faridah, from Burma, is undernourished and stressed, which has stopped her from being able to breastfeed the baby.

He added that arrangements should be made for the baby to be under the care of a welfare officer and for milk and napkins to be provided.