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Human Rights & Policing in Malaysia |
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Saturday, 15 January 2005 |
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In December 2003, the Prime Minister announced the formation of a Royal Commission of Inquiry. It was tasked with reviewing the conduct of the police force. The move was seen as a response to reports of patterns of violations by police officers, including fatal shootings, excessive use of force, and ill-treatment, torture and deaths in custody highlighted by civil society groups and SUHAKAM |
On 16 May 2005, the Royal Commission released its 607-page report which made 125 recommendations for sweeping reforms to eliminate corruption and human rights abuses within the police force including:
- Setting up an independent body to monitor the police
- To ensure arrest, detention and investigations are done according to established human rights standards
- To amend and repeal laws that undermine human rights and facilitate ill-treatment and torture
The Prime Minister also announced that he would head the taskforce which is to implement the recommendations
AMNESTY INTERNATIONAL'S CONCERNS
"Emergency laws" and policing
| he existence of body of "emergency" laws in Malaysia such as the Internal Security Act the Emergency Ordinance & the Dangerous Drugs Act continues to have a negative impact on human rights based policing |
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Individuals are detained without trial and have been denied access to lawyers, independent doctors and family members. These laws circumvent critical human rights safeguards enshrined in the Malaysian Constitution and international human rights law. They have facilitated patterns of human rights violations, including torture and ill-treatment, and promoted a climate of police impunity
Police Abuses and ordinary criminal suspects
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Laws regulating the ordinary duties and everyday conduct of the police including the Police Act, the Criminal Procedure Code (CPC) and the Lockup Rules empower the police, to use "reasonable force" in self-defence or against criminal suspects resisting arrest or attempting to escape.
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However there have been regular reports of excessive use of force including fatal shootings, unnecessary use of force at peaceful demonstrations, misuse of remand procedures, torture, ill-treatment and deaths in custody. This point to widespread misuse of police powers and a failure to respect the safeguards these laws provide.
Accessing remedies and vulnerable groups
AI is concerned about unexplained delays for inquests into deaths in custody as well as complaints of refusal and delays in the release of post-mortem reports to relatives of these victims. AI is also concerned about the effects of this type of policing of vulnerable groups such as women and children. There have been reports that at times the police are unwilling to take action on domestic violence cases and that the ill-treatment of juvenile offenders continues to persist. |