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

Petaling Jaya: A child rights activist has stated that a nine-year-old Myanmar child cannot be held in custody under Malaysian law. Hartini Zainudin, founder of Yayasan Chow Kit, criticised a magistrate's decision to deny bail for three Myanmar children charged with criminal intimidation. She questioned if Malaysian children would have been treated the same way, stating that under the Child Act 2001, authorities should have handled the situation differently.

Hartini, with 30 years of experience in child rights, believes the authorities would have called parents, involved welfare officers, and mediated between the parties. She added that the Child Act protects every child in Malaysia and has no citizenship clause. The magistrate's court in Bukit Mertajam had initially denied bail to the three Myanmar boys, aged 11, 12, and 9, but the High Court later allowed their release after four days of detention.

Hartini highlighted that the Penal Code states that children under 10 cannot commit an offence, and even upon conviction, a child under 14 cannot be sent to prison. She also pointed out that the children might not have fully understood the charges read to them, as many Rohingya children do not speak Burmese. Hartini criticized the media's handling of the case, including the publication of the children's photographs, street address, and the fact that their families live next door to the complainant.

She emphasized that Section 15 of the Child Act exists to prevent such media intrusion in legal proceedings involving children.