KUALA LUMPUR (18 JANUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) is deeply perturbed by the statement made by the Inspector-General of Police (IGP), Tan Sri 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 (CPC), Communications and Multimedia Act 1998 (CMA) and Police Act 1967.
SUHAKAM highlights that pursuant to section 116B CPC, 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 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 is 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 as a citizen.
SUHAKAM urges the Government to clarify the IGP’s statement. The public is reminded that if they encounter an arbitrary search where their mobile devices are searched without reasonable cause, to note down where the incident happened, the 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:
- email: complaints@suhakam.org.my
- website: aduan.suhakam.org.my
- contact via phone / walk into the offices in Kuala Lumpur, Kota Kinabalu (Sabah) or Kuching (Sarawak).
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.
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The Human Rights Commission of Malaysia (SUHAKAM)
Date: 18 January 2025
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