Cops Subject 2 SPM Students To Drug Test & Arrest Over Video Criticising Sejarah Paper
The heavy-handed treatment by the police, who raided the students' homes and then placed them under two-day remand, has been criticised as disproportionate and stigmatising by human rights advocates and a parliamentarian.
By Sadho Ram — 27 Feb 2023, 01:45 PM — Updated about 1 year ago
Recently, a TikTok video went viral showing a male school student complaining about the Sijil Pelajaran Malaysia (SPM) Sejarah paper
In the video, the student, holding a piece of bread to eat, is seen talking to his friend, who is recording the video. The 18-year-old expresses anger, saying what he studied wasn't part of the paper.
He uses some swear words while holding up his middle finger to show his disapproval of the paper. Towards the end of the video, the student is pushed away by another student to shut him up.
That should have been the end of it
But the student's post-exam paper rant with his friends was turned into a national issue about race, religion, and international relations after a female teacher lodged a report with the Hulu Selangor police.
According to Hulu Selangor district police chief Supt Suffian Abdullah, the report was lodged on the morning of 24 February by the 53-year-old teacher, who complained that the secondary school student had made abusive remarks against those who set the paper and insulted Singapore in the video.
The next day, 25 February, a Criminal Investigation Department (CID) team from the Hulu Selangor police headquarters conducted a raid
During the raid, the CID team confiscated an iPhone 11 belonging to one of the students.
The two students were also subjected to a drug test and arrested.
In a statement, Suffian addressed the students as suspects, saying, "Urine tests for drugs on both suspects turned out to be negative and further checks showed that they do not have any past criminal record."
Police also applied for a remand order to hold the students for two days, which was granted under Section 14 of the Minor Offences Act 1995 and Section 233 of the Communications and Multimedia Act 1998.
The students were, however, released early.
"The two-day remand order against both students was to have their statements recorded thoroughly and to fact-check with related parties, including (checking) the contents of the mobile phone and to get a disciplinary report from the school. Having been satisfied with the progress of our investigations, both students were released on Sunday, 26 February, on police bail," Suffian said in a follow-up statement.
He also defended the action against the students, saying the police acted within the law.
According to Suffian, they are still investigating the case and the investigation paper, when completed, will be referred to the Selangor deputy prosecutor for advice and further instruction.
The police have since been criticised for the heavy-handed treatment, which was described as disproportionate and stigmatising by a human rights and law reform group and the Bandar Kuching parliamentarian
In a statement, the human rights and law reform group, Lawyers for Liberty (LFL), said that it is shocked and appalled that the police have taken a heavy-handed approach against schoolboys.
"Even if there were unsavoury comments that were uttered, it does not warrant the intervention of the police force. It should have been a matter for the school authorities and parents to deal with," LFL added.
According to the group, subjecting the students to a police raid in their homes, arresting them, and conducting a drug test would have caused extreme trauma to them and their families.
"And all this over a video where they vented their frustrations on their SPM history paper," it said, adding, "They were just teenagers who were being childish and had already apologised."
Calling out the police for treating the students "like hardened criminals", LFL said that it "strongly condemns the overzealous and arbitrary actions of the police in dealing with the arrest of the teenagers, and urge that all police action cease and the matter be handed to school authorities".
The group also demanded Home Affairs Minister Saifuddin Nasution Ismail and Communications and Digital Minister Fahmi Fadzil explain the unprecedented use of the laws against schoolchildren.
"The Education Minister must also break her silence over schoolchildren being hauled up by police for posting silly videos. We are deeply concerned that the actions of the police, in this case, will strike a chill into parents all across the country if left unaddressed and unrebuked," it added.
Meanwhile, Bandar Kuching member of parliament (MP) Dr Kelvin Yii also called out the police, saying their action was "beyond excessive" and "disproportionate" and that it may affect the students negatively.
According to him, the two students should instead be educated rather than punished.
"Whether we agree with the content of the video, these students need to be educated, guided, and empowered rather than to be treated as criminals and be investigated under archaic and possibly oppressive laws," the DAP Socialist Youth chief said in a statement yesterday.
Education Minister Fadhlina Sidek has assured that the two students, who have apologised, will be allowed to sit for their other SPM papers
"They will be allowed to sit for their SPM paper. Counsellors from the Ministry of Education have also been assigned to the school to ensure that students sitting for the examinations keep their emotions in check. All students and teachers, however, are reminded not to issue any statements which will disrupt the harmony between race, religion, nation, and international relations," The Star reported Fadhlina as saying.
