KUALA LUMPUR – The decision by the magistrates’ court to reject bail for the 15-year-old rape victim who is accused of stabbing her newborn baby, effectively putting her under police custody, was met by utter shock by rights activists.
They expressed grave concern over what they described as an inconsiderate decision and explained that locking the child up after her recent harrowing episode would have severe emotional and psychological repercussions.
This is especially considering that she is already experiencing post-traumatic stress disorder from life-changing events last week.
Speaking to The Vibes, the Human Rights Commission’s (Suhakam) children commissioner Prof Datuk Noor Aziah Mohd Awal could not hold back her disbelief upon discovering that the bail application was rejected.
“My goodness. No child should be kept in detention while awaiting trial,” an ostensibly shaken Noor Aziah said yesterday.
“In this case, she just stabbed her own baby, and is obviously going through post-traumatic stress disorder. This is just sad and shocking.”
The Kemaman magistrates’ court, which was converted to a children’s court for yesterday’s hearing, had earlier rejected a bail application for the girl, who will now be taken under police custody pending her next case management due on March 16.
The bail refusal comes despite a provision under Section 388 of the Criminal Procedure Code (CPC), which states that the court may direct any person under the age of 16, or any woman, or any sick or infirm person accused of a non-bailable offence to be released on bail.
Place her under Welfare Department
Noor Aziah said the court’s decision to refuse bail is very inconsiderate seeing that the girl, who was raped to the point of being pregnant, met all three conditions under Section 388 of the CPC.
Rather than placing her under police custody, the children commissioner argued the court should have ordered the teenager to receive psychological assistance under the Welfare Department.
“This whole experience will have a very traumatising impact on the girl. I was really hoping she’d be taken in by the Welfare Department, placed in a hospital, or even allow non-governmental organisations to house her temporarily.
“As a magistrate, they should have known this and given greater thought about where to send her post-bail, given her condition,” she said.
Noor Aziah added that the court ought to have studied the law more carefully before coming to its decision, saying yesterday’s verdict will set a dangerous precedence.
“Other than the CPC, we have Section 83 of the Child Act 2001, which strictly stipulates that a child who is alleged to have committed an offence shall not be arrested, detained or tried.”
Noor Aziah said Suhakam will be writing to the attorney-general to appeal the case, and urged the girl’s lawyer to file a similar application to the court.
Dismissive to blame child for murder
Expressing concern over the girl’s mental health, child activist Hartini Zainudin said refusing her bail will send the wrong signal that she does not deserve any support system.
The Yayasan Chow Kit founder said what the teenager needs most at the moment is good emotional health support, adding that yesterday’s court decision was a very alarming one.
“The fact is that she has the mind of a young child. To place her under detention is very alarming for me, it signals she is culpable of murder. I think it is quite dismissive to say she murdered her baby deliberately.
“We need to get to the root cause. We are only sending a message that we don’t care what her circumstances were.
“It is extremely important that we do,” she said when contacted.
For Hartini, the best approach would have been to provide her with proper counselling and to allow her to recuperate at home with her family.
“Put her in home quarantine or whatever it is, just don’t lock her up. Do we even know what she is feeling? That is not in the best interest of the girl.”
Hartini also expressed her shock at the court’s decision to reject bail, noting that there have been cases in the past where bail was granted for murder cases on the grounds that the suspect is underage.
Family presence can help recovery
Universiti Pendidikan Sultan Idris psychology counsellor Dr Fauziah Mohd Sa’ad recommended that the child immediately undergo mental health screening to identify if she was in the right frame of mind when committing the alleged crime.
She said if it is determined that she was not mentally stable, it is best that she be allowed to recuperate at home in the presence of her family, as this would help her recovery process.
“In her case, we need to know her state of mental health so that we can provide her with the necessary intervention. She must be treated accordingly.
“She has certainly gone through so much, what with being raped, abandoned by her partner, and having to give birth at the age of 15. The stigma from society would have also added to her burden and depression.
“So, even if authorities are going to hold her, she should be referred to the psychiatric ward, and perhaps then her lawyer can apply for bail to release her,” she said. – The Vibes, February 16, 2022
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