THE PUBLIC INQUIRY INTO THE ALLEGATION OF EXCESSIVE FORCE DURING THE INCIDENT AT BANDAR MAHKOTA CHERAS ON 27 TH MAY 2008 SUBMITTED TO

Similar documents
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Uzbekistan Submission to the UN Universal Periodic Review

Standing item: state of play on the enabling environment for civil society

POLICE OMBUDSMAN FOR NORTHERN IRELAND REVIEW UNDER SECTION 61(4) POLICE (NORTHERN IRELAND) ACT 1998

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/66/462/Add.3)] 66/230. Situation of human rights in Myanmar

Malaysia Irene Fernandez defends rights of migrant workers despite conviction

FEDERAL REPUBLIC OF YUGOSLAVIA

Concluding observations on the report submitted by Belgium under article 29, paragraph 1, of the Convention*

INDONESIA Recommendations to Indonesia s Development Assistance Partners

MALAWI. A new future for human rights

Fiji Comments on the Discussion Paper on implementation of the Rome Statute of the International Criminal Court

TEXTS ADOPTED Provisional edition. European Parliament resolution of 18 September 2014 on human rights violations in Bangladesh (2014/2834(RSP))

amnesty international

Consideration of reports submitted by States parties under article 19 of the Convention. Concluding observations of the Committee against Torture

Resolution adopted by the Human Rights Council on 29 September /31. Human rights, technical assistance and capacity-building in Yemen

HUMAN RIGHTS FIRST SUBMISSION TO THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS UNIVERSAL PERIODIC REVIEW: PAKISTAN MAY 5-16, 2008

International Human Rights Law & The Administration of Justice: Issues & Challenges

Declaration on the Protection of all Persons from Enforced Disappearance

Opinions adopted by the Working Group on Arbitrary Detention at its seventy-second, April 2015

Concluding observations on the third periodic report of Belgium*

Concluding observations on the report submitted by Cuba under article 29 (1) of the Convention*

SUBMISSION TO THE STANDING COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS INQUIRY INTO THE HUMAN RIGHTS (PARLIAMENTARY SCRUTINY) BILL

Trinidad and Tobago Amnesty International submission to the UN Universal Periodic Review 12 th session of the UPR Working Group, October 2011

Proposal for Australia s role in a regional cooperative approach to the flow of asylum seekers into and within the Asia-Pacific region

분쟁과대테러과정에서의인권보호. The Seoul Declaration

Convention on the Elimination of All Forms of Discrimination against Women

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

ADVANCE UNEDITED VERSION

International covenant on civil and political rights CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/69/488/Add.2 and Corr.1)]

International covenant on civil and political rights CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT

Submission to the UN Committee against Torture. List of Issues Prior to Reporting for Somalia

UGANDA UNDER REVIEW BY UNITED NATIONS UNIVERSAL PERIODIC REVIEW:

General Assembly. United Nations A/C.3/67/L.49/Rev.1. Situation of human rights in Myanmar. Distr.: Limited 16 November 2012.

Bearing in mind the report of the Secretary-General on children and armed conflict (S/2002/1299),

OMCT DISCUSSION PAPER SEOUL CIVIL SOCIETY CONSULTATION ON STRENGTHENING TREATY BODY SYSTEM April 2011

Pp6 Welcoming the historic free and fair democratic elections in January and August 2015 and peaceful political transition in Sri Lanka,

Report of the Working Group on the Universal Periodic Review*

Sri Lanka Advocacy Network

Consideration of reports submitted by States parties under article 40 of the Covenant. Concluding observations of the Human Rights Committee

A/HRC/32/L.5/Rev.1. General Assembly. ORAL REVISION 1 July. United Nations

IV. HUMAN RIGHTS TREATY BODIES

General Assembly. United Nations A/C.3/63/L.33. Situation of human rights in Myanmar. Distr.: Limited 30 October 2008.

CONVENTION AGAINST TORTURE & OTHER CRUEL INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT and its Optional Protocol

Universal Periodic Review, Sudan, May Submission by the Redress Trust and the Sudanese Human Rights Monitor, November 2010

25/ The promotion and protection of human rights in the context of peaceful protests

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

José Luis Rodríguez Zapatero Prime Minister of Spain Presidency of the European Union Brussels, 25 February 2010 Our Ref: B942

List of issues in relation to the report submitted by Gabon under article 29, paragraph 1, of the Convention*

ADVANCE QUESTIONS TO MONGOLIA

Chapter 15 Protection and redress for victims of crime and human rights violations

Consideration of Reports submitted by States Parties under the Terms of Article 62 of the African Charter on Human and Peoples Rights

General Assembly. United Nations A/C.3/65/L.48/Rev.1. Situation of human rights in Myanmar. Distr.: Limited 15 November 2010.

Degrading strip search procedures by law enforcement agencies

List of issues in relation to the initial report of Sierra Leone (CCPR/C/SLE/1)*

Convention on the Elimination of All Forms of Discrimination against Women

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Concluding observations on the report submitted by Senegal under article 29 (1) of the Convention*

Convention on the Elimination of All Forms of Discrimination against Women

HRI/ICM/2010/2. International Human Rights Instruments. United Nations

FOSTERING AN EU APPROACH TO SERIOUS INTERNATIONAL CRIMES BACKGROUND PAPER

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Support to the Anti-Corruption Strategy of Georgia (GEPAC) CoE Project No. 2007/DGI/VC/779

DEATH PENALTY IN MALAYSIA

Analytical assessment tool for national preventive mechanisms

SRI LANKA: UNIVERSAL PERIODIC REVIEW PLEDGES MUST BE FULLY IMPLEMENTED

Republic of Korea (South Korea)

British Irish RIGHTS WATCH SUBMISSION TO THE UNITED NATIONS HUMAN RIGHTS COUNCIL S UNIVERSAL PERIODIC REVIEW MECHANISM CONCERNING THE UNITED KINGDOM

Concluding observations on the combined twentieth to twenty second periodic reports of Bulgaria*

AFGHANISTAN. Reports of torture, ill-treatment and extrajudicial execution of prisoners, late April - early May 1992

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Situation of human rights in the Islamic Republic of Iran

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

GOVERNMENTAL ACTION IN MONITORING COMPLIANCE WITH INTERNATIONAL HUMAN RIGHTS NORMS THE SIERRA LEONE EXPERIENCE.

PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

UNIÃO AFRICANA Addis Ababa, Ethiopia, P.O. Box: 3243 Tel.: (251 11) Fax: (251 11) union.

* * A/HRC/RES/26/24. General Assembly. United Nations

1) In 2001, Mauritius was the first country in Africa to have adopted a national policy

7 September 2004 MLC/SB/am

SUBMISSION FOR UGANDA S UNIVERSAL PERIODIC REVIEW

MOZAMBIQUE SUBMISSION TO THE UNITED NATIONS COMMITTEE AGAINST TORTURE

Candidature of the Republic of Angola to the Human Rights Council. Term

Thursday, November 1, 2012

International Human Rights Instruments

Human Rights Council. Protection of human rights and fundamental freedoms while countering terrorism

LEGAL RIGHTS - CRIMINAL - Right Against Self-Incrimination

Situation of human rights in Cambodia. Commission on Human Rights resolution 2003/79

UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/68/456/Add.2)]

A step in the human rights direction: Submission on the National Security Legislation Monitor Bill 2009

Argentina, Chile, Ecuador, Guatemala, Indonesia, Mexico, Turkey and Uruguay: revised draft resolution

The armed group calling itself Islamic State (IS) has reportedly claimed responsibility. 2

INTERNATIONAL DECLARATION ON THE PROTECTION OF JOURNALISTS

INHUMAN SENTENCING OF CHILDREN IN SWAZILAND

PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Improved Prison Conditions

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Transcription:

SUARA RAKYAT MALAYSIA Address: 433A, Jalan 5/46, Gasing Indah, 46000 Petaling Jaya, Selangor, Malaysia. Telephone: +6 03 7784 3525 Fax: +6 03 7784 3526 Email: suaram@suaram.net Web: www.suaram.net THE PUBLIC INQUIRY INTO THE ALLEGATION OF EXCESSIVE FORCE DURING THE INCIDENT AT BANDAR MAHKOTA CHERAS ON 27 TH MAY 2008 SUBMITTED TO THE HUMAN RIGHTS COMMISSION OF MALAYSIA (SUHAKAM) 18 NOVEMBER, 2008 1 of 8

TABLE OF CONTENTS 1. Introduction 2. The issues to be determined 3. Analysis of evidence of witnesses 4. Recommendations 4.1 Prosecute Human Rights Violators 4.2 Pro-active of Civil and Political Rights Committee 4.3 Accountability 4.4 Composition 4.5 General International Policing Standard 4.6 UN codes, guidelines and principles for policing 4.7 Training 2 of 8

1. INTRODUCTION Suara Rakyat Malaysia (SUARAM) recognises the effort taken by SUHAKAM in conducting the Public Inquiry into the case of the recent incident at the Bandar Mahkota Cheras herein after to be referred to as BMC on 27 May 2008. SUARAM appreciates that the Commission has given the opportunity to civil society organisations to actively participate in the inquiry and to perform this submission. SUARAM notes that the formation of the National Human Rights Commission or SUHAKAM is to monitor and investigate into such incidences and provide justice to the victims of such cases and to further rectify abuses of power and human rights violations such as in the case named above. SUARAM firmly believes that creating a fair, just and accountable police force is a fundamental protection for human rights within any society. In the case of BMC, we are concerned that: 1. The police force is not representative of the whole community; 2. There has been a failure to train the PDRM in basic international principles which guide the conduct of law enforcement officials; 3. There has been a failure to monitor PDRM s activities to ensure that the police force operates in a manner consistent with international human rights principles; 4. There has been a failure to institute legislations which both protect members of the public against potential abuse at the hands of the police and makes accountable those accused of violations of human and civil rights under the law. As highlighted by the attached reports, there is credible evidence of patterns of human rights abuses by the PDRM. We are not satisfied that investigations into alleged abuses have been conducted in a thorough and impartial manner. Both the nature and scale of abuses coupled with the lack of accountability lend credibility to charges that the PDRM has been able to operate with virtual impunity. 3 of 8

SUARAM urges that the final recommendations of the Commission should also include measures to ensure that future policing in Malaysia: 1. Is fair, just and accountable; 2. Operates within a ''coherent and cooperative justice system'' which is in conformity with human rights norms; 3. Has the confidence of all sectors of the community. As we outline subsequently in this report, we believe, to this end, it is imperative that the Commission's consultation process is inclusive, impartial and receptive to the wider community. SUARAM believes that the process of community consultation will be as important as the eventual outcome in ensuring the success of, and public confidence in police reforms in Malaysia. 2. The issues to be determined in the inquiry are:- 2.1 Terms of reference of the public inquiry: a) Whether or not there was any law enforcement personnel in performance of their duty to maintain law and order has used excessive force during the incident at Persiaran Bandar Mahkota Cheras 1 in Bandar Mahkota Cheras on 27 th May 2008; and b) If there was excessive use of force: i. whether there was any violation of human rights of any person or persons and; ii. who were responsible for such violation; c) To recommend what action to be taken against those responsible for the violation of human rights of such person or persons. 2.2 The scope of inquiry may extend to:- The deployment of non uniformed (plain clothed) special branch agents at the scene and possible act of provocation that was later used to justify use of force. 4 of 8

3. Analysis of evidence of witnesses In this regard, SUARAM adopts the finding and analysis made by the Bar Council Malaysia. We agree that FRUs and police personnel have used excessive force on the three male complainants W1, W3, and W7. There is no justification whatsoever for the police and FRUs to have committed violation of human rights in the manner they did. 4. Recommendations SUARAM would like to make recommendations as below: 4.1 Prosecute Human Rights Violators In refer to this incident, SUARAM urges the Commission to suggest to Attorney General s Chamber to prosecute those police personnel who were involved in the assault on W1, W3 and W7. The Commission also needs to prevent the perpetrators impunity from punishment of law. At the meantime, enhance the engagement between Suhakam and Attorney General s Chamber to prosecute human rights violators in court. This relationship should retain until the Attorney General s Chamber allocate an independent Deputy Public Prosecutor in Suhakam office to further prosecute human rights violators. 4.2 Pro-active of Civil and Political Rights Committee SUARAM welcomes the effort of Suhakam in setting up the civil and political rights committee and having a few rounds of dialogue with civil society organizations to discuss the function and role of the committee. SUARAM would like to recommend the committee should be more pro-active to attend to each peaceful assembly to monitor the whole process of assembly and to intervene when the authorities deny the rights to assemble. The committee should be the body to push forward all the recommendations on rights to assemble made by Suhakam in the report on Freedom of Assembly to The House 5 of 8

of Parliament in year 2001 and recommendations in the report of public inquiry into the incident at KLCC on 28 May 2006. 4.3 Accountability SUARAM has strongly stated that the present mechanisms for police accountability are ineffective and unsatisfactory. In order for any policing service to have public confidence, it must be seen to operate under the rule of law. Thus the actions of state agents must be accountable under law and to the public in a transparent manner. We urge the Commission to strongly call for the immediate implementation all the 125 recommendations as proposed by the Royal Police Commission especially the setting up of the Independent Police Complaints and Misconduct Commission (IPCMC). SUARAM also views with concern on the role and function played by the Special Branch in public order policing. We fear that the unidentifiable officers in civilian clothing could abuse their powers and act as a provocateur at any tensed situations and moments. The Royal Police Commission recognised that there appears to be no legal provisions dealing with the functions, powers and duties of the Special Branch. The Commission recommended the Special Branch to be made accountable and its powers and responsibilities to be spelt out in law so that it can function impartially and independently and to clearly define the term 'security' to avoid abuse of power. SUARAM urges SUHAKAM to further study the roles played by the Special Branch in situation of public assembly and to adopt the recommendations made by the Royal Police Commission to further scrutinise the agency and to increase their accountability. 4.4 Composition A vital step towards creating a police force that enjoys the support of the wider community is to ensure that the composition of the police reflects all sectors of the community. The terms of reference for the Commission clearly state the recommendation should include proposals that address the composition of the police force. Creating a police force that is representative of the Malaysian community is, therefore, a vital first step in building a force that will have the confidence of the general public. 6 of 8

To this end, SUARAM recommends: To set a recruitment timetable and target for attracting under-represented community sectors including those from the nationalist community as well as those from other minority groups and women; The establishment of a vetting system, which will ensure that no police officers involved in past abusive practices could continue to work in the police force. 4.5 General International Policing Standard Although the Malaysian government has not ratified key legally-binding international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT), Malaysia as with all other UN member states, has a responsibility under the 1945 UN Charter to promote respect for, and observance of, human rights and fundamental freedoms. Police personnel, as officers of the state (where primary responsibility for the protection and promotion of human rights resides) are, with all other individuals and organs in society, obliged to know and to apply international standards for human rights. Moreover, Article 28(2) of the UDHR recognises that a "social order" is a necessary condition for the realisation of the above and all other rights. Within the context of ensuring "social order", the effective deployment of a policing service in a manner that respects human rights is one of the key means which a sovereign state can fulfil both its international obligations and its obligations to its own citizens. In addition, Malaysia should be in alliance with the United Nations (UN), who in a continuing effort to assist member states in the development of national police practice consistent with the human rights framework, has developed a series of Principles, Codes and Guidelines related to policing. 4.6 UN codes, guidelines and principles for policing SUARAM would like to express our support to SUHAKAM in calling the Government of Malaysia to immediately ratify and implement domestically all the 7 of 8

international human rights measurements. In particular the International Covenant on Civil and Political Rights, the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment of Punishment, the United Nations Code of Conduct for Law Enforcement Officials, the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcements Officials and other relevant human rights standard documents. This effort is to establish a fundamental standard on the nature of human rights-based policing, and the relationship that police should have with the communities they serve and political system within which they function. 4.7 Training Central to the training curriculum of police officers must be principles of international human rights laws and standards. Specifically, we recommend that training received by the police force be in accordance with principles on policing as expressed in the following international documents: UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; UN Code of Conduct for Law Enforcement Officials; and UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions. Additionally, police officers should be familiar with provisions contained within international human rights treaties including the International Covenant on Civil and Political Rights. Such training should have relevance to the impact of these instruments on everyday policing. To this end, Suaram recommends that the police force draw from all available professional resources, including from the academic, legal and human rights communities, to conduct this training in a rigorous and informed manner. 8 of 8