If a person who is detained without trial, and whose cry against the unjust deprivation of his liberty has gone unheeded for a long time, experiences further violations of his human rights, what remnant voice would he have to bring attention to the violations? What practical and effective recourse would he be accorded by the system that sees fit to incarcerate him by way of an administrative decision? On the other hand, if allegations of further violations are unfounded, what are the appropriate steps that the authorities must take to reveal the truth in an accountable and transparent manner?
These are some of the questions the Bar Council would pose in relation to the two separate incidents last week at the Kamunting detention centre. On 8/12/04 and 9/12/04, two separate spot checks were conducted at the detention centre. The incidents left a number of detainees and prison officers injured. Not surprisingly, there are two opposing accounts of what in fact took place. The authorities allege that the detainees tried to prevent the spot checks, and started a riot. On the other hand, the detainees allege that some of them were abused and severely beaten despite offering no resistance.
The authorities have so far denied requests by the detainees' lawyers to visit their clients. This refusal can hardly be helpful to the process of establishing the truth, and in fact would lead to speculations adverse to the authorities. The authorities must forthwith allow the detainees' lawyers to visit their clients without further delay.
In addition to the provision of adequate medical care, the prison authorities must, in view of the incidents, allow the injured detainees to be examined by doctors of their choice.
Apart from the lodgment of police reports, family members of some of the injured detainees have submitted a memorandum to Suhakam urging the latter to conduct a public inquiry into the incidents. Suhakam has said that it will await the result of police investigations before deciding whether or not to do so.
The Bar Council urges Suhakam to immediately (and without having to wait for the findings of any other party) form a team of doctors to, firstly, medically examine the injured detainees at the centre as soon as possible; and, secondly, study all the relevant medical reports that have been made to-date as well as any other available evidence (such as photographs taken of the injuries), and report its conclusions to Suhakam. This team should comprise equal number of doctors selected by Suhakam, doctors appointed by the detainees' families, and doctors nominated by the authorities.
This prompt and demonstrative step will not only illustrate the seriousness Malaysian society now treats allegations of human rights violations, but will also give meaning to the otherwise empty promises of transparency and accountability.
It is bad enough that detainees without trial have to suffer continuing violation in the very form of their unjust detention. It will be worse if these persons, negatively portrayed and having nowhere to turn, are quickly forgotten by society. We must not lock them up and throw away the key. Suhakam is well placed to open their door to seek and reveal the truth behind it; and that it is strongly urged to do.
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International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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