性別平等联合行动联盟（Joint Action Group for Gender Equality，JAG）表示支持吉隆坡推事庭发布给家暴幸存者 Emilia Hanafi 一份保护令的裁决。该裁决强调了执法当局必须更积极主动地保护妇女和儿童免受侵犯。 国会通过 1994年《家庭暴力法案》以保护家暴幸存者，避免她们继续被加害。因此，法庭必须实践国会通过此法案的用意，执行保护令以避免更多家暴的发生。 2016年5月20日，吉隆坡推事庭颁发了一份保护令给 Emilia Hanafi 以保护她再度被前夫家暴。然而，她的前夫却向法庭申请搁置撤销该保护令。 2016年12月22日，推事法官 Zuhair Rosli 驳回前夫搁置保护令的申请，并确认该保护令将有效至2017年5月。法官的裁决是根据律师呈上的证据：包括三份警察报告和福利局的家暴报告，判断Emilia需要被保护。 根据推事法官 Zuhair的裁决显示，法庭会将警察报告及其他相关事项纳入考量，再决定是否颁布保护令给予受害者。而颁布保护令的决定性因素取决于施暴者再度施暴的机率。 推事法官Zuhair根据警方报告指出，即使Emilia 的家人试图在该暴力事件中保护她免受前夫暴打，她依旧因为该次暴打而造成严重的心灵创伤。因此，Emilia需要保护令来保护她免受伤害，其中也涵盖了情绪上的暴力。 这些法庭公文，包括在调查家暴案件时所颁布的临时保护令(IPO)，和在施暴者被控告上庭后所颁布的保护令(PO)，是为了向幸存者保证执法当局会针对持续性的暴力采取法律行动。IPO 和 PO 并无意侵犯施暴者的权利，因为相关的保护令只是保护家暴幸存者免受进一步的暴力。没有任何人有权利侵犯或欺压任何人。…
KUALA LUMPUR: Members of Parliament (MPs) from various parties have called for stalking to be made a crime.
“Currently there are no laws in Malaysia which define or address stalking,” said DAP MP for Batu Kawan, Kasthuri Patto, in the Dewan Rakyat last week during the debate on the Domestic Violence (Amendment) Bill 2017.
“We should criminalise stalking and harassment of victims by making these acts offences under the Domestic Violence Act and the Penal Code,” she added.
She also said that many abusive partners are using social media such as Facebook, WhatsApp and Wechat to stalk and harass victims.
Other MPs echoed this concerns.
“This bill does not address the issue of stalking. After the divorce, ex-husbands still spy on their ex-wives, following them around and threatening them,” commented Amanah MP for Kota Raja, Dr Siti Mariah Mahmud.
BN MP for Tebrau, Khoo Soo Seang, emphasised that the law should prevent not only stalking by abusive partners but also stalking by third parties aiding the abuser.
Dato’ Seri Mohamed Azmin Ali, PKR MP for Gombak, asked, “Does the Ministry see stalking as a criminal offence to be included in the Penal Code and in this amendment bill, or does the Ministry hold a different view?”
Minister of Women, Family and Community Development, Dato’ Sri Rohani Abdul Karim, explained that the Penal Code must first recognise stalking, before it can be included in the Domestic Violence Act.
The Minister, who is also BN MP for Batang Lupar, assured the Dewan Rakyat that her ministry is interested in making stalking a crime.
“The government will follow developments related to stalking and will consider to make it a crime in the nearest future,” she said in her Parliamentary reply on Tuesday.
The Minister said it was her wish for stalking to be made a standalone criminal offence, and said she planned to engage with NGOs and activists towards that goal.
President of Women’s Aid Organisation, Carol Chin, welcomed these calls and emphasised the danger of stalking.
“Stalking often leads to more severe forms of violence. Nine out of 10 women murdered by abusive partners were stalked before the murder,” said Chin.
“Yet, many victims of stalking cannot get protection. In many cases, the police can only intervene once the stalker has actually harmed the victim.”
“Our laws must be able to prevent stalkers from harming victims in the first place,” she added.
Stalking is an offense in Singapore, India, Philippines, Japan, the United Kingdom, and many other jurisdictions.