The Malaysian Bar - Launch of SUHAKAM's Report on the Public Inquiry into the Bandar Mahkota Cheras Incident

Home

Launch of SUHAKAM's Report on the Public Inquiry into the Bandar Mahkota Cheras Incident

Contributed by Chan Weng Keng

Friday, 09 January 2009 02:50pm

7 January 2009: Today SUHAKAM launched its report on the Public Inquiry into the Allegation of Excessive Use of Force by Law Enforcement Personnel during the Incident of 27 May 2008 at Persiaran Bandar Mahkota Cheras 1, Bandar Mahkota Cheras.

(Click here for video)

The terms of reference of the Inquiry were:

1.		To inquire whether or not there was any law enforcement personnel in performance of their duty to maintain law and order had used excessive force during the incident at Persiaran Bandar Mahkota Cheras on 27 May 2008.

2.		If there was excessive use of force;

	i	whether there was any violation of human rights of any person or persons and;

	ii	who was responsible for such violation.

3.		To recommend what action to be taken against those responsible for the violation of human rights of such person or persons.

The Panel of Inquiry constituted under the Human Rights Commission of Malaysia Act 1999, found that excessive use of force was used on Chang Jiun Haur and Chan Siew Meng by law enforcement personnel. It also held that the Police and FRU personnel were responsible for the violation of human rights. However, the Panel was unable to identify the specific law enforcement personnel responsible for the violation due to contradicting and unclear evidence. The Panel also noted that the Police did not attend to the injuries of the complainants immediately and took time in making the arrangement to send them to the hospital.

Based on these findings, the Panel recommended, among others, the adoption and implementation of international standards as guidelines for their personnel on the use of force. It also recommended that the police conduct their own investigations to ascertain which particular personnel used excessive force on the complainants and to take the necessary action.

The Panel’s report may be found here.

The Bar Council was invited to assist the Panel and members of the Human Rights Committee (HRC) participated at the Inquiry which was held on 23-25 July and 27-29 August 2008. A report of our observations was also submitted where several recommendations were made, see here.

The Bar had, among others, recommended that a Freedom of Assembly Working Group entrusted to deal with issues of the right to freedom of assembly be immediately established. The Working Group should comprise of stakeholders in the country such as the police, local authorities, legislators, civil society groups, non-governmental organisations, SUHAKAM, Bar Council and human rights bodies. Among others, the Working Group will:

•	follow-up with the Government and/or other relevant authorities in implementation of SUHAKAM’s recommendations in its various reports on freedom of assembly; and,

•	on behalf of SUHAKAM, act as its monitoring team, functioning to observe any public assembly, gathering or procession and if the need arises, to intervene or mediate problems between the authorities and participants of the assembly, gathering or procession.

This recommendation however was not adopted by the Panel.

While many other recommendations of the Panel resonated with ours, the nagging question that remains uppermost in the minds of Malaysians is whether SUHAKAM’s recommendations will ever be effectively implemented.

It is suggested that a Joint Lobby Group between SUHAKAM and the Bar Council be formed to actively push the Government and Members of Parliament to debate the Panel’s latest report and other SUHAKAM reports as well as to implement the Commission’s recommendations by way of law reform and dialogue with the police. It is hoped that SUHAKAM will take up the suggestion and at the same time dispel notions that it is a “toothless tiger”.

Lawyers who attended the launch were Saha Deva Arunasalam, Edmund Bon Tai Soon and myself.

Set as favourite

Email This