Police must prove indentity before seizure

 Police must prove indentity before seizure

 
 

Press Statement by

Kedah Gerakan Chairman and Derga State Assemblyman

Dr Cheah Soon Hai

13 April 2012

 

The Security Offences (Special Measures) Bill 2012 will be replacing the ISA 1960 with the aim of ensuring national security from threats of violence while maintaining public order of the society.  With that, the Criminal Procedure Code will also be amended with new provision which allows police officer ranked Inspector and above to be able to conduct searches and seizure without warrant.

 

Kedah Gerakan Chairman and Derga State Assemblyman Dr Cheah Soon Hai feels that the particular clause in the Bill can be used to violate individual privacy or abused.  He is in the opinion that there has always been a lot of frictions between police and the public because of this power of seizure.

 

"If a seizure can be conducted without warrant, how can people determine whether the police is a real police?" said Dr Cheah.

 

Dr Cheah who is also the Chief of Gerakan central bureau on environment, safety and quality of life suggested that there could at least be an official letter from the police station to the policemen who intend to carry out a seizure as a proof so that it would be fair to the owner of the house.  The letter would also help the owner to verify the seizure with the police station that issues the letter so that the owner would not be falsely seized by unauthorized police or worst still, lay person who pretends to be police. 

 

Dr Cheah also said that when such power is conferred to the police force, it would be difficult to avoid ill willed policemen or even lay person who pretends to be policemen to abuse the power and that would put the people's safety at stake.

 

Dr Cheah once again urges the government to consider setting up an Independent Police Complaints and Misconduct Commission ("IPCMC") so that the public will have a channel to make any complains on police.