KUALA LUMPUR (9 MARCH 2026) – The Children’s Commissioners refer to the press conference held by the Inspector-General of Police on 6 March 2026 concerning the detention of six individuals under the Security Offences (Special Measures) Act 2012 (SOSMA), including three children, following a special operation conducted on 14 and 15 February 2026.
The Children’s Commissioner of SUHAKAM wish to state that the detention of children under SOSMA contravenes Section 84(1) of the Child Act 2001 [Act 611], which requires that a child who is arrested must be brought before the Court for Children within twenty-four hours. Furthermore, Section 83(1) of Act 611 expressly provides that the Child Act prevails over all other laws relating to the arrest, detention and trial of children. The failure to observe this overriding safeguard constitutes a clear violation of the child’s rights.
The Office of the Children’s Commissioner (OCC) of the Human Rights Commission of Malaysia (SUHAKAM) received a complaint regarding the matter on 26 February 2026 and issued notifications on 2 March 2026 and subsequently on 5 March 2026 to the the Royal Malaysia Police informing them of its intention to visit the children concerned in order to ensure that their rights while under police detention are protected. These notifications were made pursuant to the powers of the Children’s Commissioners under Section 4(2)(c) and (d) of the Human Rights Commission of Malaysia Act 1999 [Act 597]. The same Act further provides that such visits shall not be prevented, provided that the procedures prescribed by the laws governing the place of detention are complied with. Despite the police being in communication with the OCC regarding this matter, access has yet to be granted.
The Children’s Commissioners express disappointment at the continued delay in allowing the OCC to visit the children currently detained under SOSMA, particularly when the Inspector-General of Police stated during the press conference that the police would adopt a prudent approach to ensure that the identity, dignity and future of the three child suspects are protected, in accordance with the Child Act 2001 and the Convention on the Rights of the Child. If such assurances are genuine, the OCC should be granted immediate access to the children concerned without further delay.
The OCC reiterates its clear and unequivocal position that children must not be detained under SOSMA. As the Act permits detention without judicial oversight, it is fundamentally incompatible with established child rights standards. Accordingly, any provision allowing for the detention of children under SOSMA should be repealed in its entirety.
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Office of the Children’s Commissioner
The Human Rights Commission of Malaysia (SUHAKAM)
9 March 2026
