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A number of recent allegations of improper conduct on the part of the police and other law enforcement officers have renewed the public's concern regarding issues of abuse of power.

It was reported on 22 May 2003 (in The Star) that a Magistrate had directed two accused persons to lodge police reports pertaining to injuries allegedly sustained by them during police interrogation. One of them, a female, further alleged that when she refused to admit to the commission of a crime, a police officer tried to force her to perform oral sex on a male inmate. According to her, she had to finally admit to the crime after the policeman told her that he could sleep with her daughter who was being held for questioning in the police station.

Allegations of the above nature require an immediate, thorough, impartial and transparent investigation. Nothing short of that can adequately address the public's legitimate concern over questions of abuse of police powers. The Bar Council calls upon the authorities to immediately conduct such an investigation, which must be carried out in a transparent manner.

On 26 May 2003 it was reported (in The Star) that a juvenile, who was looking after his father's video outlet at the time of a visit by the police, was handcuffed, arrested and held together with adult detainees in a lock-up; despite his having informed the police officers that he could call his father to come to the shop.

According to another report in The Star on 28 May 2003, the Ipoh city council enforcement officers have recently issued about 30 summonses under the Ipoh Municipal Council Bylaw 1985 for offences of 'indecent behaviour', including one to a young couple holding hands at the Ipoh Padang one night in April at about 10:30 pm. The couple was allegedly told that it was the 'wrong place to hold hands because there were children at the Padang'.

The Bar Council urges the authorities not to be overzealous in carrying out their functions, and law enforcement officers to exercise common sense and reasonable restraint in executing their duties. This is particularly important when it concerns juveniles and young persons, more so when the suspected offence or misbehaviour is not in the nature of a 'serious crime'. Law enforcement will only continue to have the respect of the public if it is carried out with fairness and common sense, free from any excessive use of powers.

Dated this 31st day of May 2003.

Haji Kuthubul Zaman Bukhari
Chairman
Bar Council