KUALA LUMPUR: There was excessive use of force by the police and FRU personnel against a mechanic and his friend during the Bandar Mahkota Cheras fracas in May, last year.
This is the findings of the report of Human Rights Commission of Malaysia (Suhakam) public inquiry into the allegation of excessive use of force by law enforcement personnel during the incident at Persiaran Bandar Mahkota Cheras 1, Bandar Mahkota Cheras on May 27, last year.
The panel of inquiry chairman Datin Paduka Zaitoon Othman said the panel found that the excessive use of force by the law enforcement personnel violated the safety and security of Chang Jiun Haur and Chan Siew Meng.
The panel further observed that the safety and security of Jiun Haur’s sister Jiun Mein and another friend Chok Kem Hoo were also threatened by aggressive actions of the law enforcement officers.
“The evidence indicate that the police and FRU personnel were responsible for the violation of human rights in the incident,” she told reporters at Suhakam office on Wednesday.
However, she said that due to the contradicting and unclear evidence, the panel was unable to identify who among the law enforcement personnel were responsible for such violation.
The panel also observed that Jiun Haur and Chan were unable to identify either the police or the FRU personnel who used excessive force on them because of the failure of the personnel to provide personal identification on their body armour.
She said the panel of inquiry also noted that the police did not attend to the injuries on Jiun Haur and Chan immediately and took time in making arrangements to send them to the hospital.
Zaitoon said the panel strongly recommended that the police conduct their own investigation to ascertain which personnel used excessive force on Chang and Chan with a view of taking disciplinary action against the said personnel and, where necessary, to recommend to the public prosecutor for further action.
The Bandar Mahkota Cheras incident hit the headlines when thousands of protesting residents decided to remove a barricade placed by highway toll concessionaire Grand Saga to block an access road to the highway affecting 40,000 residents.
This later turned ugly when residents clashed with police and FRU when Grand Saga decided to put back the boulders to block off the access road.
Works Minister Datuk Mohd Zin Mohd had to intervene and the road is temporarily opened pending a court decision.
Zaitoon said the panel recommended that the police and FRU urgently implement international standards as guidelines for their personnel on the use of force.
Among them are that police officers should bear in mind that human life should be respected and preserved, they should observe restrain in the use of force and minimise damage and injury.
The police should also ensure that assistance and medical aid are rendered to any injured persons and to notify relatives or close friends at the earliest possible.
Any injury or death caused by the use of force by police officers should be reported promptly to superior officers.
The force should also adopt and implement clear rules and regulations on the use of force by officers.
Other recommendations by the panel, she said, was that the police and FRU should require all their personnel to display names and badge numbers visibly and clearly during field operations.
Zaitoon said the recommendations would be forwarded to the police, the Home Ministry and the Attorney-General’s Office soon.
“We hope the authorities will take up the recommendations and act upon it.
“Our duty is to put up recommendations. It is up to the agencies to make considerations to take them up to improve the police force,” she said.
The inquiry which commenced on last July 23, and adjourned on July 25, was subsequently heard on Aug 27 and concluded two days later.
Bar Council human rights committee chairman Edmund Bond said Suhakam had come up with very good reports but they should not be left on the shelf.
“The enforcement agencies are not doing enough to take pro active steps,” he said.
He proposed that a joint lobby group be formed between the Suhakam and the Bar Council to lobby the Government and individual MPs to debate it in Parliament.
IZATUN SHARI
Star Online
07/01/09
This is the findings of the report of Human Rights Commission of Malaysia (Suhakam) public inquiry into the allegation of excessive use of force by law enforcement personnel during the incident at Persiaran Bandar Mahkota Cheras 1, Bandar Mahkota Cheras on May 27, last year.
The panel of inquiry chairman Datin Paduka Zaitoon Othman said the panel found that the excessive use of force by the law enforcement personnel violated the safety and security of Chang Jiun Haur and Chan Siew Meng.
The panel further observed that the safety and security of Jiun Haur’s sister Jiun Mein and another friend Chok Kem Hoo were also threatened by aggressive actions of the law enforcement officers.
“The evidence indicate that the police and FRU personnel were responsible for the violation of human rights in the incident,” she told reporters at Suhakam office on Wednesday.
However, she said that due to the contradicting and unclear evidence, the panel was unable to identify who among the law enforcement personnel were responsible for such violation.
The panel also observed that Jiun Haur and Chan were unable to identify either the police or the FRU personnel who used excessive force on them because of the failure of the personnel to provide personal identification on their body armour.
She said the panel of inquiry also noted that the police did not attend to the injuries on Jiun Haur and Chan immediately and took time in making arrangements to send them to the hospital.
Zaitoon said the panel strongly recommended that the police conduct their own investigation to ascertain which personnel used excessive force on Chang and Chan with a view of taking disciplinary action against the said personnel and, where necessary, to recommend to the public prosecutor for further action.
The Bandar Mahkota Cheras incident hit the headlines when thousands of protesting residents decided to remove a barricade placed by highway toll concessionaire Grand Saga to block an access road to the highway affecting 40,000 residents.
This later turned ugly when residents clashed with police and FRU when Grand Saga decided to put back the boulders to block off the access road.
Works Minister Datuk Mohd Zin Mohd had to intervene and the road is temporarily opened pending a court decision.
Zaitoon said the panel recommended that the police and FRU urgently implement international standards as guidelines for their personnel on the use of force.
Among them are that police officers should bear in mind that human life should be respected and preserved, they should observe restrain in the use of force and minimise damage and injury.
The police should also ensure that assistance and medical aid are rendered to any injured persons and to notify relatives or close friends at the earliest possible.
Any injury or death caused by the use of force by police officers should be reported promptly to superior officers.
The force should also adopt and implement clear rules and regulations on the use of force by officers.
Other recommendations by the panel, she said, was that the police and FRU should require all their personnel to display names and badge numbers visibly and clearly during field operations.
Zaitoon said the recommendations would be forwarded to the police, the Home Ministry and the Attorney-General’s Office soon.
“We hope the authorities will take up the recommendations and act upon it.
“Our duty is to put up recommendations. It is up to the agencies to make considerations to take them up to improve the police force,” she said.
The inquiry which commenced on last July 23, and adjourned on July 25, was subsequently heard on Aug 27 and concluded two days later.
Bar Council human rights committee chairman Edmund Bond said Suhakam had come up with very good reports but they should not be left on the shelf.
“The enforcement agencies are not doing enough to take pro active steps,” he said.
He proposed that a joint lobby group be formed between the Suhakam and the Bar Council to lobby the Government and individual MPs to debate it in Parliament.
IZATUN SHARI
Star Online
07/01/09
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