Detainees entitled to more than one phone call

By Florence A. Samy, The Star

KUALA LUMPUR: Those detained by the police are allowed to make more than one telephone call following their arrest, a forum heard.

Under Section 28A of the amended Criminal Procedure Code, an arrested person has the right to contact or attempt to communicate with a relative or friend to inform them of their whereabouts.

They also have the right to contact and consult a lawyer of their choice before the police start questioning or recording the individual’s statement.

The police are also bound to inform a person as soon as possible the grounds of the arrest.

Organised by the Bar Council, the forum on Friday entitled “The Magic of Section 28A”, aimed to increase public awareness of an individual’s rights when arrested by the police.

According to the Bar Council, such public awareness was still lacking despite the 2007 amendment.

Forum speaker and officer-in-charge at the Jalan Duta court complex Supt R. Munusamy said a detainee would normally be told of his or her right to the calls at the police station.

“There is no ‘one call’ restriction here. We will try as much as possible to enable them to communicate with their loved ones and lawyer.

“Our aim is to safeguard the rights of the person,” he said.

Pamphlets would be placed at police stations to inform those arrested of their rights with disciplinary action being taken against police officers who failed to abide by Section 28A.

Speaker and Bar Council Criminal Practise Committee chairman Rajpal Singh said arrested persons who were not given these rights could lodge a police report and proceed with a civil suit.