No legal basis to hold 9-year-old in remand, says activist

Child rights activist Hartini Zainudin from Yayasan Chow Kit contends that a nine-year-old Myanmar child cannot be held in custody under Malaysia's Child Act 2001. The magistrate's court in Bukit Mertajam refused bail to three Myanmar boys, aged 11, 12, and 9, who were charged with criminal intimidation against an elderly woman.

However, the High Court later overturned the decision and granted bail to the minors, who had been detained for four days. Hartini questioned whether Malaysian children would have faced the same treatment, asserting that authorities would have followed the Child Act, which safeguards children's rights. The legislation protects every child in Malaysia, with no citizenship clause.

Hartini pointed out that the Penal Code states a child under 10 cannot commit an offence, and even upon conviction, a child under 14 cannot be incarcerated. She also highlighted that the children might not have comprehended the charges due to the court's provision of an interpreter, yet many Rohingya children are not fluent in Burmese.

Hartini criticized the media's handling of the case, including the publication of the children's photographs, street addresses, and the fact that their families live near the complainant. She cited Section 15 of the Child Act, which safeguards children from undue media attention during legal proceedings. The three boys faced charges of threatening to harm the woman using various objects, including a mop, an iron rod, a fluorescent light tube, and stones.