Rights group refutes IGP’s stand on mobile phone checks
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PETALING JAYA: Rights group Lawyers for Liberty (LFL) has refuted a statement by Inspector-General of Police Razarudin Husain that the police are authorised to check a person’s mobile phone if there is suspicion or information suggesting that they have committed a crime.
In a statement, LFL’s public defence coordinator Yu Ying Ying said the police cannot check people’s mobile phones except in the course of an ongoing investigation or search.
Yu also said such checks must be targeted at specific individuals connected with or sought for within the ambit of a criminal investigation, with reasonable suspicion of their involvement.
She added that Razarudin’s statement was “legally untenable”, encouraged unlawful acts by police personnel, and posed a threat to civil liberties.
“The laws cited by the IGP do not in any way support his claim that ‘no one can question the police’s authority to check mobile phones at roadblocks’,” said Yu.
“The police must act only within the powers granted to them by law. Otherwise their actions will be unlawful and subject to legal action or a claim in court for damages.
“The government cannot remain silent and must ensure that the police act within the law.”
She also advised the public to be aware of their rights, saying they are entitled to refuse to comply with unlawful demands by police personnel.
On Monday, Razarudin cited Section 3(3) of the Police Act, Section 23(1) of the Criminal Procedure Code, Section 249 of the Communications and Multimedia Act 1998, Section 116B of the Criminal Procedure Code, Section 20(g) of the Police Act and Section 292 of the Penal Code to justify the police’s right to check a person’s mobile phone.
However, Yu said none of these provisions grant the police the right to check people’s mobile phones, save within the parameters of an ongoing investigation and where there is reasonable suspicion.
“In other words, these sections do not authorise the police to check the mobile phones of whomever they please at roadblocks or elsewhere,” she said.
“Routine checks of mobile phones are prohibited by law. The powers conferred upon the police… should not be abused or used indiscriminately against the general public.”
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