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On 11 September 2009, Dato’ Muhammad Shafee Md Abdullah, on behalf of the SUHAKAM Panel of Inquiry delivered the written decision on:  

      (a) whether the SUHAKAM Commission has the power under the Human Rights Commission Act 1999 (Act 597) to compel witnesses to have their statements recorded and affirmed for purposes of being used subsequently at the hearing in the Inquiry?

      (b) in the event witnesses refuse to allow their statements to be recorded, are there available remedies or powers of enforcement with SUHAKAM to discourage such refusal with threats of legal consequences? 

This SUHAKAM Public Inquiry is in respect of the five members of the Bar Council Legal Aid Centre (Kuala Lumpur) who were arrested on 7 May 2009 when they requested access to persons detained at the Brickfields Police Station. The Public Inquiry convened on 14 August 2009 and continued on 15 and 16 August 2009. On 29 August 2009 when the Panel reconvened, a matter arose with regards to the fact that most of the police witnesses had refused to give authenticated written statements or any written statements at all. 

It was in this context that the Panel heard arguments on the issues listed above on 2 September 2009. 

In its finding and opinion, specifically in relation to sec 14 (1)(a) of the Human Rights Commission Act 1999 (under Powers relating to inquiries), the Panel of Inquiry declared that SUHAKAM has the power: 

      (a) to procure and receive all such evidence;

      (b) to decide if evidence is to be either written or oral;

      (c) to examine all such persons as witnesses;

      (d) as SUHAKAM thinks necessary or desirable to procure or examine.

In conclusion, the Panel of Inquiry stated, among others, that, 

“Section 14(1)(a) grants Suhakam with the power of recording statements of witnesses, whether they are civilians or police officers”

and the panel directed that, 

“the relevant named police officers who have been subpoenaed to appear before the [Panel of Inquiry] to provide written statements of their interview with Suhakam officers … these statements must be recorded and authenticated before the 19th September 2009.”

For more information, please refer to the attached full written decision.