Suhakam inquiry into lawyers' arrest begins

The three-day public inquiry by Human Rights Commission of Malaysia (Suhakam) into the arrest and detention of five lawyers for illegal assembly on May 7, began today

The session is chaired by Muhammad Shafee Abdullah (below) and two other commissioners Michael Yeoh Onn Kheng and Denison Jayasooria.

The five lawyers are Puspawati Rosman, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal and Syuhaini Safwan.

They are being represented by lawyer M Puravalen.

The lawyers were attempting to provide legal aid to a group of individuals nabbed during a candlelight vigil in support of Bersih activist Wong Chin Huat, who was detained under the Sedition Act, when they were arrested.

Arrested for taking photo

The first witness called in by the inquiry was Ginie Lim, who is the chief press relations officer at the Selangor government.

Lim said that on that night, there were about 30 people who had gathered to hold a candlelight vigil to show support for Wong.

"A plainclothes police officer had then approached us and asked everyone to disperse. He counted to the count of three for the crowd to disperse," she said.

She said this was soon followed by the arrest at about 9.30pm.

"I told the officer that it was not necessary to take photos of the (arrested) demonstrators but I was handcuffed instead," she said.

Terms of reference
The inquiry's term of reference is to determine whether the arrest and detention of five at the Brickfields Police station contravened provisions of the Federal Constitution and other substantive and procedural criminal laws which guaranteed the right to an arrested person.

The panel will also look into whether there was justification or necessity to arrest the lawyers under Section 27 of the Police Act.

It will also determined if there was violations of human rights and if so:

Which person or agency was responsible,

How did the violations occur,

What administrative directives and procedures or arrangements contributed to them; and what measures should be recommended and taken to ensure that such violations do not recur.

Malaysiakini
14/08/09

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