Suhakam calls for clarity on mobile phone inspections at roadblocks

The Human Rights Commission of Malaysia (Suhakam) is deeply perturbed by the statement made by the Inspector General of Police, Razarudin Husain, that any officer with the rank of inspector or higher is authorised to inspect a person’s mobile phone at police roadblocks, citing that this is permitted under the Penal Code, Criminal Procedure Code, the Communications and Multimedia Act 1998 (CMA) and the Police Act 1967.

Suhakam highlights that pursuant to Section 116B of the Criminal Code, 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.

Sections 247 and 248 of the 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.

Suhakam reiterates that the inspection of a person’s mobile phone at police roadblocks cannot be conducted in an arbitrary manner.

The public are encouraged to be aware of their basic fundamental rights, in particular when stopped, questioned or even arrested by the police. The Malaysian Bar Council has issued a booklet titled “The Police and Your Basic Rights” that lists scenarios with the police and what you can do to exercise your rights.

Suhakam urges the government to clarify the inspector general’s statement.

The public are reminded that if they encounter an arbitrary search where their mobile devices are searched without reasonable cause, to note down where the incident happened andthe name and identification number on the police officer’s uniform and to lodge a police report as well as inform Suhakam via its complaints system:

Suhakam reiterates the importance of every individual to be aware of their fundamental rights and for law enforcement officers to conduct these roadblocks in a lawful and responsible manner, with care and caution. – Suhakam

See Free Malaysia Today report: “Cops cannot randomly check people’s mobile phones, says Saifuddin“