Myanmar children freed on bail, rights group questions treatment

Rights group Tenaganita has questioned whether child protection safeguards were observed in the handling of three Myanmar boys charged with criminal intimidation, including the reported use of handcuffs during their court appearance.

Its executive director, Glorene Das, said the children’s initial detention, reported use of restraints, and concerns over language interpretation raised serious questions about whether child-sensitive procedures had been followed.

The criticism comes after the Butterworth High Court yesterday overturned a magistrate’s decision to deny bail to the three boys, aged between 11 and 12, despite prosecutors proposing bail of RM4,000 each.

Welcoming the High Court’s intervention, Glorene stressed that the decision did not erase the fear, humiliation, and possible trauma experienced by the children.

“The reported use of restraints, their initial detention, and concerns over language interpretation raise serious questions about whether child-sensitive procedures and legal safeguards were properly observed,” she said in a statement today.

Glorene also questioned whether the boys would have faced similar treatment had they been Malaysians from privileged families.

“Have we forgotten that Malaysia has a Child Act? Have we forgotten that Malaysia ratified the United Nations Convention on the Rights of the Child in 1995?

“Or do these protections cease to matter when the children are refugees, migrants, or foreigners?” she asked.

She urged the government, police, judiciary, and relevant child protection authorities to review the children’s treatment.

Glorene also called on the Office of the Children’s Commissioner under Suhakam to intervene, ensure the boys receive appropriate legal and psychosocial support, and strengthen child-sensitive procedures.

She stressed that while allegations of wrongdoing must be investigated and victims deserve justice, accountability must be age-appropriate and guided by the best interests of the child.

Legally entitled to bail

The three boys were charged at the Bukit Mertajam Magistrates' Court yesterday with allegedly threatening a 71-year-old woman following a confrontation at a playground in Taman Sri Rambai, Bukit Mertajam, Penang.

Magistrate Roshayati Radellah denied them bail despite deputy public prosecutor Zulfadzli Hassan proposing bail of RM4,000 for each child.

However, the decision was overturned by the Butterworth High Court later that day, allowing the boys to be released pending trial.

Lawyer Anbananthan Yathiraju, who represented the children alongside Satia Raj through the Penang Legal Aid Centre, told Malaysiakini that their families were relieved by the High Court's ruling.

“The children were ordered to report to the nearby police station once a month and avoid contacting or going near the premises of the victim to safeguard her welfare,” he said.

The High Court granted each boy bail of RM4,000 with one surety.

Anbananthan questioned the magistrate's decision, particularly as the prosecution itself had proposed bail.

“We argued that under Section 84 of the Child Act 2001, bail should be granted.

“Further, all three children are charged under Section 506 of the Penal Code, and bail is a right,” he said.

He maintained that the children were legally entitled to bail and that the court had no discretion to deny it.

Section 506 provides for imprisonment of up to two years, a fine, or both.

The magistrates’ court fixed Nov 10 for the submission of documents and appointment of a Myanmar interpreter to read the charges to the children again.

Further details of the case were unavailable, with the Malaysian Bar reportedly preparing to provide more information next week.

Alleged threats against elderly woman

The charges stemmed from an Oct 22 incident in which the boys allegedly threatened to hurt a 71-year-old woman using several objects, including a mop, iron rod, fluorescent light tube, and stones.

The confrontation reportedly occurred after the woman reprimanded them for making noise while playing at a playground.

Harian Metro reported that the woman was not injured but was shaken by the incident, prompting her to lodge a police report.

Police subsequently detained four Myanmar boys, aged between nine and 12, on Oct 27 to assist in investigations.

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