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Call to set up a Commission of Inquiry PDF Print E-mail
Friday, 29 January 1999 12:00am

The Bar Council urges the Commission of Inquiry into the injuries suffered by Dato’ Anwar Ibrahim to conduct its proceedings in public as an open inquiry to fully meet public expectations.

The Bar Council also calls for the findings and recommendations of the Commission to be made public at its conclusion. In this regard the terms of reference should ensure that the Commission is empowered to identify the persons responsible for inflicting the injuries’ and those who aided and abetted the act, and to generally make recommendations against the recurrence of any form of custodial violence.

The Bar Council reiterates its call that the Commission should take this opportunity to make strong recommendations against any form of custodial violence and provide suitable guidelines against its happening. The guidelines should provide for matters such as the need to record time, place of arrest and venue of custody of the detainee; the police personnel carrying out the interrogation to wear name tags and be visibly identifiable by the detainee; there be no blindfolding of detainees; the family of the detainee or his next friend be notified of his arrest and venue of custody; the detainee be subject to regular medical examination whilst in custody; the right to consult a lawyer during interrogations etc.

The Bar Council notes that such guidelines against custodial violence exist in countries with established legal systems, and calls for the Commission to duly consider this important question in the general public interest.

Dated: 29 January 1999

Dato’ Dr. Cyrus V Das
President
Malaysian Bar

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