The Malaysian Bar - SUHAKAM Public Inquiry on Allegations of Violations of Human Rights Prior To and During the Public Rally on 9 July 2011: Day 7 (20 Dec 2011)

SUHAKAM Public Inquiry on Allegations of Violations of Human Rights Prior To and During the Public Rally on 9 July 2011: Day 7 (20 Dec 2011)

Friday, 27 January 2012 08:53am

Contributed by Ng Chia How, Pupil in Chambers

The Bar Council has a team of lawyers attending the SUHAKAM Public Inquiry on Allegations of Violations of Human Rights Prior To and During the Public Rally on 9 July 2011. Please click here to view all their reports on the proceedings.

Three witnesses were called to give their testimony on the fifth day of the SUHAKAM public inquiry (“Inquiry”), held on 20 Dec 2011 (Tuesday): Detective Lance Corporal Shahril b Fadzali, Dr Abdul Adzim E Arim Sasi and Lance Corporal Anuar b Adbur Rajik. Representatives of Bar Council’s observer team who were present that day were Malaysian Bar President Lim Chee Wee, Ng Chia How and Richard Wee Thiam Seng.

Detective Lance Corporal Shahril b Fadzali was one of the police officers involved in the arrest of Hanafi b Hawari, who claimed to have been manhandled by the police on 9 July 2011 (Saturday). He testified that Hanafi b Hawari had been uncooperative and had tried to escape during the arrest. Detective Lance Corporal Shahril b Fadzali informed the Panel of Inquiry that, under normal circumstances, it was a standard operating procedure for the police officer to inform the suspect of the grounds for arrest. However, this had not been possible in Hanafi b Hawari’s case, as he had been acting aggressively at that time. Upon further questioning, Detective Lance Corporal Shahril b Fadzali mentioned that he had been provided with equipment such as a gas mask and plastic handcuffs for the public rally, but not with pepper spray.

The police representative then asked Detective Lance Corporal Shahril b Fadzali why Hanafi b Hawari had been arrested that day. He replied that Hanafi b Hawari had been arrested for donning a yellow t-shirt with the BERSIH 2.0 logo and for being involved in the rally.

The counsel for Bar Council enquired about the police’s guidelines and standard operating procedure for handling a public rally. Detective Lance Corporal Shahril b Fadzali explained that there were no written guidelines, and only verbal instructions and a briefing had been given to police officers before the operation. Responding to a query on the demonstrators’ behaviour during the public rally, he stated that they had neither threatened to attack the police nor thrown any object towards them. When asked if Hanafi b Hawari had retaliated, upon arrest, by punching the police, the witness explained that he had merely been uncooperative and had tried to escape.

The second witness, Dr Abdul Adzim E Arim Sasi, had treated Hanafi b Hawari at Hospital Kuala Lumpur on 10 July 2011 (Sunday). According to him, Hanafi b Hawari had suffered soft tissue injury on the left and right sides of his head, and a bruise on his left eye. He informed the Panel that those injuries had been caused by trauma, which could have been the result of assault or falling from a height. When questioned further by the counsel for Bar Council, he explained that Hanafi b Hawari’s injuries could also have been caused by punches, which was more likely than by falling. He later stated that it was possible for a person who had struggled on the ground to suffer from similar injuries.

The third witness, Lance Corporal Anuar b Abdur Rajik, had been on duty to escort Hanafi b Hawari to the police station after the arrest, and had seen the injuries on his face. When questioned about the equipment provided to the police on that day, he replied that he had been provided with firearms and pepper spray, but that there had been no specific instructions regarding the circumstances under which these could be used. He noted that he had been briefed to use firearms and pepper spray only to protect and defend himself.

The Inquiry ended at approximately 2:00 pm and was adjourned to 3 Jan 2012 (Tuesday).

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