After the tragic police raid of the private Halloween party at REXKL on the night of October 29, 2022, it is easy to feel afraid and discouraged to get out there again.
However, Chong Yee Shan, a central committee member of Parti Sosialis Malaysia (PSM) recently stated that the incident “should not stop us from partying“.
Not one to back down so easily, the LGBTQ+ community and its supporters have also continued to express their pride and resistance online with the hashtag, #TetapBangga, meaning “Stay Proud”.
Nonetheless, Chong shared some pointers on how to deal with the police at a party should something similar happen again.
1. Always stay calm & be polite to protect yourself and the people around you
The police only enforce the law (penguatkuasa), they do not hold power (pemegang kuasa). This means that they cannot do anything they like. They have to follow the law too.Ā
2. Do not resist when asked to present your IC
The police do not need any reason or warrant to ask to see your IC. However, authorities from Religious Affairs have no right to ask non-Muslims to present their IC as they are not under their jurisdiction.
However, if the religious authority comes with the police and requests to see your IC, you will need to present your IC to police.
This is mainly because they want to find out whether you are Muslim or not.
Am I arrested?
To find out whether you are arrested or not after presenting your IC, Chong suggests asking the police politely, “Adakah saya ditangkap?” or “Am I arrested?”
If the police say “No, you are not under arrest“, you can take back your IC and leave the premise.
But if you get the following responses, then it means you are under arrest:
- the police say “Yes, you are under arrest”
- the police say you’re not under arrest but still prevent you from leaving multiple times
- the police stay silent when you ask if you’re under arrest
- the police refuse to let you go or to return your IC
In the case of arrest, Chong urges everyone to start notifying friends, LGBTQ+ NGOs (@jejakaorg, @justice_sisters, @legaldignitymy) and lawyers of your situation. She also recommends starting to take a video recording of the raid.
Speaking to the police
When the police take your IC, they may start talking to you and you will feel pressured to respond.
However, you only need to provide information that is already on your IC, such as name, address and phone number.
You are not required to disclose other information such as whether you’re a student or employee, your workplace, sexuality, partner’s name, the organiser’s name and so on.
You can remain silent until your lawyer shows up. “Do not give any information that the police may use against you”, Chong emphasises.
However, if the police becomes very pushy and threatens you, just repeat the phrase “Jawab di mahkamah” or “I’ll answer in court“.
At the police station
Even if you have been brought to the police station, there is no need to provide the police with any information except for your IC, name, address, phone number and your father’s name.
They need to know your father’s name for their record. The police will not notify your parents if you’re an adult.
You also might be asked questions like “Your outfit looks good, where’d you get it?” and “Who did you attend the party with?” especially if the police seem friendly or eager to chat, but again, do not answer any of these questions.
All you need to say is, “I’ll answer in court”.
Keep calm and ask for help
Getting caught in a raid or being brought to the police station is not a pleasant experience. You may feel very nervous, stressed, scared and unsure of what to do.
Hence, it is very important to reach out to friends, NGOs and lawyers for help as well as to keep calm until they or your lawyer arrives.
Being arrested doesn’t mean you will have a “record”. It is just a police procedure and will not affect your career, scholarship or chances of going to university.
The police will not and should not notify your office, university or scholarship provider as this your private life is beyond their control.
Chong then gives the example of Dr Jeyakumar, the chair person of PSM who has been arrested countless time and was in lockup for 28 days but is still a practicing doctor.
Thank you Chong for the helpful information!
Also read: REXKL Expresses Sadness Over Halloween Event Raid, Says They Donāt Tolerate Prejudice of Any Kind
