KUALA LUMPUR: The Bar Council had on 13 November 2008 submitted a 20-page report of their observations to SUHAKAM’s Inquiry into the Bandar Mahkota Cheras Incident which occurred on 27 May 2008.
Among the terms of reference of the Inquiry is to determine whether or not any law enforcement personnel had used excessive force, and if so, whether there was any violation of human rights of any person or persons.
On 27 May 2008 a group of residents gathered at an intersection between Bandar Mahkota Cheras (BMC) and the Grand Saga Highway (GSH), specifically referred to as Persiaran Bandar Mahkota Cheras 1, Bandar Mahkota Cheras.
It was common knowledge that amongst the issues which culminated in that public gathering was the residents’ right of use of a toll-free access road leading to BMC, without using a stretch of the GSH which needed a toll payment. FRU and police officers were deployed to deal with the gathering, and to disperse the same on the basis that it was an ‘illegal assembly’.
4 persons travelling in a car along the area where the gathering was held were attacked and 3 of them were physically assaulted by several members of the law enforcement personnel. It was alleged that 2 of their personnel were hit by the car driven by one of the complainants.
The Bar Council was represented throughout the six-day Inquiry by a team of lawyers from the Human Rights Committee consisting of Saha Deva Arunasalam, Syamsuriatina bte Ishak, Usha Kulasegaran, Lai Chee Hoe, Siti Zabedah bte Kasim, Noor Arianti bte Osman, Maria Soosai Raj a/l Joseph Thamby Raj, Andy Yong Kim Seng and myself.
Based on the evidence adduced, our report surmised that excessive force was used by law enforcement personnel in violation of the complainants’ rights to life, liberty and security. The said personnel also acted outside the scope of their duties as protectors of our citizens.
The following recommendations were made:
• That the perpetrators of the assault and arrest on the complainants be investigated and prosecuted in a court of law.
• That the Independent Police Complaints and Misconduct Commission as proposed in the Report of the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police be immediately established.
• That international human rights treaties in particular, the International Covenant on Civil and Political Rights 1966 and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984, be immediately ratfied and implemented domestically.
• That a wide-ranging review of the provisions of the Police Act 1976, Criminal Procedure Code, Inspector-General’s Standing Orders and Police Public Order manual on the Use of Force be conducted to update the same on matters which pertain to the use of force, among others:
(a) The use of batons, shields, firearms, water cannons and other weapons.
(b) The deployment of law enforcement officials including the number, circumstances, chain of command and visibility.
(c) The identification of law enforcement officials through uniforms and name-tags.
For the Bar Council’s Report, please click here to download a copy.
Contributed by Chan Weng Keng
Malaysian Bar
16/11/08
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