SUHAKAM has expressed serious concern over the Inspector-General of Police’s (IGP) statement authorising police inspectors or higher to inspect mobile phones at roadblocks.
Laws like the Penal Code, Criminal Procedure Code (CPC), Communications and Multimedia Act (CMA), and Police Act were cited.
The organisation clarified that under Section 116B of the CPC and Sections 247 and 248 of the CMA, searches of digital devices are only permissible during ongoing investigations when there is reasonable cause to believe an offense has been committed. Arbitrary inspections at roadblocks are not allowed.
“SUHAKAM highlights that pursuant to section 116B CPC, a police officer with the rank of inspector or higher is only permitted to access mobile or other digital devices subject to a legal search as part of an ongoing investigation whereby the police have reasonable cause to believe that an offence has been or is being committed,” said SUHAKAM.
“Sections 247 and 248 CMA also require the search and seizure of the digital device to be conducted in connection with an ongoing investigation, having reasonable cause to believe that an offence has been committed,” said the organisation.
The public is urged to understand their rights and refer to resources like the Malaysian Bar Council’s booklet “The Police and Your Basic Rights.”
SUHAKAM further encouraged individuals subjected to unlawful searches to document details of the incident, lodge a police report, and inform SUHAKAM through its complaints system.
Also, the organisation calls on the government to clarify the IGP’s statement and emphasises the need for law enforcement to conduct roadblocks lawfully and responsibly. —Jan 3, 2025
Main image: Hari Anggara