Several women’s groups told the police to release three Mongolians held under an interim protection order (IPO) for a human trafficking investigation after they reported two compatriots’ alleged rape by an inspector.
Three women who helped two Mongolian rape victims:
- were handcuffed and put under interim protection order for police to investigate human trafficking
- had information on their smartphones released, and photos of them at the police station circulated on social media
In a press statement today, the 16 organisations also urged for the investigations to be focused on rape, after the women alleged that their two compatriots were raped and abducted by the inspector.
Police successfully applied to detain the three for 21 days using the order under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Atipsom) Act 2007.
“We strongly urge that the IPO under Atipsom should be set aside, and the three women should be released and focus should be on rape investigations and charging the perpetrator.
“It is disturbing that the three women who were seeking redress and justice for their friends have been detained in this manner. But for them, the rape of their friends would not have come to light. As such, they should be treated as whistleblowers, who should be protected under the Whistleblower Protection Act, and not detained under Atipsom,” the groups said in the joint statement.
They added that the police’s swift and meaningful actions are imperative in alleviating fear, stress and trauma among girls, women, migrant workers, and other marginalised groups to go out alone to buy food and other essential things, stressing that it is the state’s obligation to make cities safe for all.
“Many women and persons from marginalised groups have also reported harassment and intimidation by police officers at roadblocks. This sobering incident is a timely moment to introduce a guideline on police interaction with members of the public, especially vulnerable persons and communities.
Members of the public should have free access to redress should they face harassment, violence or abuse of power by the law enforcement agencies.” they added.
On April 12, a police inspector was arrested for allegedly raping two Mongolian women aged 20 and 37 years old after he stopped them at a movement control order (MCO) roadblock in Petaling Jaya.
In the Friday night incident, the two women alleged that they were stopped at a roadblock in the district while they were on their way home in a car they hired through the e-hailing app Grab.
Upon finding out that the two victims had no valid travel documents on them, the inspector reportedly took advantage of the situation and forcefully took them to a nearby hotel where he allegedly raped them.
Yesterday, it was reported that the three Mongolian women who reported the matter to the police have been detained for 21 days as part of a human trafficking investigation.
Bukit Aman CID director Huzir Mohamed said the trio are not detained in a lock-up but are being kept in a safehouse for their own protection.
He said after investigations under Atipsom are completed, the court would place them under an Interim Protection Order.
According to him, the trio, as well as the two victims who were allegedly raped by the police officer, have overstayed in Malaysia.
He also revealed today that police were also probing a claim that one of the victims had lodged a false report, as well as an allegation that the sex had been consensual.
Meanwhile, DAP Wanita said the police must explain why they detained three Mongolian women after they reported two compatriots’ alleged rapes and abduction by a senior inspector.
In a joint press statement today, the wing’s international secretary Kasthuriraani Patto and its legal bureau chief Sangeet Kaur Deo pointed out that the police must state the basis of their investigation and IPO relating to human trafficking instead of the original complaint of rape.
“We want to make it clear that these two girls are the victims of rape and allegedly by a high-ranking officer who abused his position, power and authority to commit this crime.
“The other three girls are witness as the recipients of the first complaints in relation to the rape. There is no basis whatsoever for the girls to now have been arrested and forcefully kept under an IPO.
“Why were they detained if they acted in the best interest of the victims, which is to report and tip off the abduction and rape of the victims?
“The PDRM must clearly state what is the basis of an investigation in relation to human trafficking is and whether anyone suspected to have trafficked the girls has been remanded at all.
“What is the status of the investigation on the trafficker and on their trafficking syndicate?” the two said.
Kasthuriraani and Sangeet said they were also made to understand that all five, including the alleged rape victims, were handcuffed by the police.
“Placing the girls in a ‘safe house’ on an erroneous basis that they are victims of human trafficking, no doubt with a court order, and placing handcuffs on victims, could amount to clear attempts of intimidation and harassment of victims and witnesses of the rape,” they said.
They reminded the police that they should not divert from the main complaint, which is the alleged abduction and rape of the two women by a high-ranking police officer — therefore transparency in this investigation is vital.
They urged the police to clearly state the status of the rape and abduction investigation and whether the suspect will be charged or the five-day remand order be extended pending further investigations.
They also demanded the police to explain how the personal photos and details of the victims were leaked, seeing that the phones belonging to the women were seized by the authorities to assist in their investigations.
“Heads must roll on anyone found to have abused power in their conduct when treating victims of rape and possibly of human trafficking like criminals,” said the statement.
In a subsequent development, Thomas Philip Advocates & Solicitors has accepted a brief from the Honorary Consul of Mongolia, Reynolds Augustine, to assist the two Mongolian women who were allegedly raped by a police inspector.
The firm’s founder and managing partner Mathew Thomas Philip said the brief was to assist in filing legal proceedings for the two women, as well as their three Mongolian friends who had alerted the authorities about the incident.
“This heinous act represents a blatant abuse of power by the suspect. The police have been working under incredible pressure during the MCO and the suspect’s deplorable actions have put a dent in the good reputation of the police,” he said in a statement yesterday.
Mathew added that the firm was working closely with the Consulate of Mongolia to provide the necessary legal assistance and at the same time, will be making necessary applications to the authorities for the five individuals to return to Mongolia, as soon as flights resume.