KUALA LUMPUR – More transparency over enforcement procedures related to drug offences is needed, a lawyer said, after an individual was not allowed to contact his family while he was detained overnight by the National Anti-Drug Agency (AADK) for suspected narcotics use.
Lawyer Farhan Read has told Scoop it is difficult to know what the procedures are for arrest and detention when it comes to drug offences, as the Drug Dependants (Treatment and Rehabilitation) Act 1983 only provides limited guidelines.
Section 3(1) of the act states authorities can detain a suspected drug user for up to 24 hours, but the law remains silent as to whether detainees are able to inform family or friends of their arrest.
In addition to legislation, there are also the police force’s Inspector-General Standing Orders (IGSO) pertaining to enforcement procedures but these are not publicly available as they are classified, Farhan added.
“For example, there is an IGSO that says drug testing must be done with two bottles – one for control and the other for preliminary testing with strips.
“The only reason this SOP came to light was because there was a leak.
“There’s no requirement to publish these IGSOs, which means that the public won’t know how to enforce their rights,” Farhan said.
Scoop sought the lawyer’s comments following a case highlighted on Wednesday by a user on X, @syaidailmuna, who had asked other social media users for help to locate her younger brother after he went missing.
She highlighted how AADK officers had suddenly approached her brother and did not introduce themselves.
Although her brother had been found, she questioned the actions of the officers who denied him the right to contact his family.
Her brother was released after the authorities found that his urine tested negative for illegal drug use.
Responding to the tweet, AADK defended its officers’ actions, asserting they had adhered to procedures stipulated in the Drug Dependants (Treatment and Rehabilitation) Act.
The agency, which is under the purview of the Home Ministry, said procedures required them to show their AADK badges when detaining an individual.
AADK also said the individual arrested had acted in a suspicious manner and tried to run away. However, the person was released after a urine test found him negative for drug use, the agency said.
Responding to AADK’s statement, @syaidailmuna said the agency’s officers had only shown their badges to her brother after handcuffing him. – June 14, 2024