KUALA LUMPUR – What are your rights, as a civillian, if the police stop you at a roadblock?
“If a road user cannot produce their driving licence but has their identity card on them, a summons can be issued. However, they cannot be arrested because this is not a crime that warrants an arrest, nor one that allows the officer in charge to ask for your phone number,” said Prof Datuk Noor Aziah Mohd Awal, a law lecturer at Universiti Kebangsaan Malaysia.
She was commenting on a case that went viral on social media recently concerning a Twitter user who alleged she was sexually harassed by a policeman when stopped at a roadblock in Jalan Duta on Friday.
In the Twitter thread, the user said the policeman had accused her of not wearing a bra and threatened to slap her with a summons unless she could prove otherwise.
“After that, he insisted on exchanging contact (numbers) with me, despite me telling him I was uncomfortable,” the Twitter user posted.
Despite more than 300 roadblocks set up nationwide under the movement control order (MCO), many are still in the dark over their rights at a roadblock.
“Note down where it happened, the name and identification number on their uniform and then quickly lodge a police report. Women must practice vigilance in whatever situation they are in and remember that sexual harassment can happen to anyone and anywhere,” said Aziah, who is also children’s commissioner for the Human Rights Commission of Malaysia (Suhakam).
She said if a policeman threatens arrest or demands “payment” in the form of sexual favours – including touching and looking – action can be taken against them under Section 509 or 354 of the Penal Code.
She called on the public to be aware of their rights during roadblocks and to promptly lodge police reports if they or someone they know are sexually harassed by enforcement personnel.
Aziah said that the police have a standard operating procedure (SOP) for roadblocks during the MCO.
“The police are authorised to stop you and ask where you are going (during the MCO), and whether you are undertaking inter-district or interstate travel. They are also authorised to check your driving licence and identity card.
“Those travelling interstate need to produce a letter of authorisation issued by a police station. The police have the right to ask them to turn back if they fail to do so,” she said.
“We must always be aware of our basic rights to life, liberty and personal security. Authorities like the police need to respect these rights,” she said.
However, she said the Twitter user should not have posted her ordeal on social media and subject the policeman to public judgement before the latter had a chance to defend himself. If the policeman is later found guilty, she said the law will ensure that such abuse of power would not go unpunished. However, if the Twitter user failed to produce enough evidence, she could face legal action.
“There is no such thing as absolute power. Everything is clearly explained in (Article 5) of the federal constitution. In performing our duties, we need to adhere to the law, work ethics and SOPs involved.” – Bernama, February 14, 2021
