Transmenu powered by JoomlArt.com - Mambo Joomla Professional Templates Club

A spate of recently reported cases of alleged police abuse of persons in custody has once again raised dark and serious questions on police misconduct.

On 28 October 2005 an advocate and solicitor lodged a police report over an incident that he had personally witnessed on that day, of a detainee having been assaulted at the Banting police station. The advocate and solicitor gave detailed descriptions of what he saw and heard. Two other persons who were with him also lodged similar reports about the incident.

On 9 November, a blacksmith in Penang lodged a report that he had been assaulted by a policeman at the Air Itam police station. He said that the policeman banged his head against a brick wall several times, and that there were other policemen around but no one intervened.

Last week, a Chinese national who married a Malaysian and who now lives in Malaysia came forward to give an account of her ordeal in the hands of the police. She described how she was stopped by the police at a road block, and some policemen asked for a bribe of RM500. Thinking she had nothing to fear because she had proper documents and legal status; she refused to bribe. The policemen then insisted that she was in possession of a fake passport (which later turned out otherwise), and arrested her. While under detention at the Petaling Jaya district police headquarters, she was stripped naked, slapped, humiliated, and sexually assaulted.

After the above incident was reported in the press, a few other Chinese nationals have now come forward and related similarly traumatic experience with the police. Apart from the same pattern of sexual and other forms of humiliation, these persons were reportedly detained for days without any court order.

These are only the few episodes that have recently surfaced, thanks to the courage of those persons who spoke out. One cannot help but wonder how huge is the size of this iceberg of cold and contemptible abuse.

The Bar Council calls for, and is certain that the Malaysian public demands, immediate action. Promises of immediate action will no longer do. An internal or closed-door investigation will also not suffice. Instead, an independent, thorough and transparent investigation must be immediately held into each and every one of the above allegations of police abuse; and must be expeditiously completed.

Speaking of political will, or the will within the police force, to eradicate abuse and misconduct, is not enough. This will must be promptly illustrated by, and translated into, actual practice. This time, the authorities must act differently, decisively and convincingly.

The Police Commission has found that there is “a pattern of consistent neglect and abuse of rights, which appears to have become ingrained in police practices, despite strong safeguards and compliance with human rights in national laws” (see page 302 of the Commission Report). It is clear that the days of custodial abuse by the police are far from over. It is equally clear that the existing culture of perpetrating abuse, and then being able to get away with it, must be stopped.

The Police Commission has made numerous useful recommendations, one of the most important of which is the setting up of an “Independent Police Complaints and Misconduct Commission” (IPCMC) to deal with precisely the kind of allegations of police abuse that have filled our newspapers in recent weeks. This recommendation, carefully studied by the Police Commission, has yet to be implemented. The Bar Council sees no reason why the IPCMC should not be immediately set up. The nation should not be asked to wait any longer, while horrifying tales continue to be told. The suffering of victims of abuse cannot be allowed to go on.

Malaysians need to see a new dawn, when we wake up tomorrow morning.

Comments (0)

Subscribe to this comment's feed