A human rights group today said the "callous judgment" of Sessions judge Mohammed Saman Mohd Ramli in acquitting a police constable on two counts of rape had effectively given police officers carte blanche to abuse their position and authority.

Suaram executive director Cynthia Gabriel said the judgment amounted to protection of police constable Razali Pilen who was accused of raping two women who had entered the country illegally.

"That an offence took place is without doubt. Female detainees should never be placed in the sole custody of male officers. They should not be forced or even asked to strip in the presence of male officers," she said in a statement.

"And police officers should never, ever have sex with female (or male) detainees."

On Monday, police constable Razali Pilen was found not guilty of raping one Indonesian and one Filipina illegal immigrant while in police custody at the Hulu Langat district police station on Feb 24.

Custodial rape

Gabriel said that the Mohammed Saman had completely ignored the power and possible threats used against the women when he described the incident as that of a man having sex with the women, just as a "married couple" would.

During the trial, Saman was reported to have viewed a closed circuit recording of the incidents taking place in the police station. His judgment has come under fire from several women's groups.

"The women could have been threatened or coerced into having sex with the police officer before entering the interrogation room where the alleged rape took place," Gabriel said.

"Custodial rape is much easier due to the power imbalance between the detainer (in the case the police officer) and the detainee."

In addition, Gabriel said detainees are in a vulnerable position as they depend on the police for food, shelter, clothing and contact with the outside world.

"The lack of struggle (as appeared) on the closed circuit TV recording is not indication of a lack of coercion, particularly in such a situation," she added.

Internal investigations

When contacted, Bukit Aman police headquarters said its disciplinary board may investigate Razali's activities as he was on duty at the time.

"This is likely to be an internal matter," said a Bukit Aman spokesperson when asked if the disciplinary board would be announcing any action to be taken against Razali.

The Malay Mail reported today that Selangor police chief Mohd Noor Hamat had said that no decision had been made on whether to reinstate Razali despite the acquittal. He has been suspended from duty.

"The police will still have to conduct their own investigations on whether there was any disciplinary offence or misconduct while he was on duty," said Mohd Noor.

The police chief added that Razali would remain suspended until the investigations have been completed.

The Attorney-General's Chambers said today it will be appealing the decision in the High Court.