KUALA LUMPUR, Feb 17 ― Echoing former law minister Datuk Seri Azalina Othman Said, the Malaysian Bar today said that it is ready to work with the government to ensure the protection of rights of children and provide free legal representation for all children in conflict with the law.
This comes after a 15-year-old girl — an alleged raped victim — was charged with murder on February 15 for allegedly stabbing her newborn baby to death shortly after delivery.
In a statement, it also respectfully recommended that the prosecution reassess the murder charge levelled against the girl, considering her age and the distressing circumstances of the case.
“The girl is likely to have suffered from an appalling mental and emotional state as a result of her ordeal. She may not have fully recovered from the effect of giving birth.
“It is therefore of critical importance that the girl be given counselling and psychological treatment,” said AG Kalidas.
He also noted that it was worth considering if this case should be taken through the criminal justice system, as it may not be in the interest of justice to prosecute such cases in certain circumstances.
“Children who come into conflict with the law may be better served by a process of 'diversion' where, instead of being criminalised, they are rehabilitated through a non-criminal correctional and rehabilitative system.
“Child rights advocates in this country, including the Malaysian Bar, have made repeated suggestions to the Government to implement a system of diversion, so as not to enter children into the criminal justice system and consequently mark them as criminals for the rest of their lives,” he said.
He added that the statement issued by the Parliamentary Special Select Committee on Women and Children Affairs and Social Development that children in conflict with the law in Malaysia should be granted free legal representation is in line with the United Nations’ Convention on the Rights of the Child (UNCRC) ― of which Malaysia is a signatory.
Pointing out that the National Legal Aid Foundation are already empowered to provide legal assistance to any child coming into conflict with the law, he emphasises that the police must also play their part in informing the child and its parents or guardians of their legal rights from the moment of arrest.
“Courts must refuse to proceed with any legal proceedings until the child has had the benefit of legal advice and representation.
“Only then can the words of UNCRC and the Child Act 2001 become truly purposeful,” he said.
