Malaysia: Suhakam inquiry finds police, FRU used excessive force

Law enforcement personnel used excessive force against two individuals during an incident at Persiaran Bandar Mahkota Cheras (BMC) on 27 May last year, said the Human Rights Commission of Malaysia (Suhakam).

The findings of an inquest into the incident, which resulted from the closure of an alternative road, found that the excessive use of force violated the safety and security of mechanic Chan Jiun Haur, 23, and his employer Chan Siew Meng.

Reading out the 41-page report, inquiry chairman Datin Paduka Zaitoon Othman said the evidence indicated that the police and Federal Reserve Unit (FRU) personnel were responsible for the violation of human rights during the incident.

"However due to the contradicting as well as unclear evidence, the panel was unable to identify who among the law enforcement personnel were responsible for such violation.

"The panel of inquiry strongly recommended that the police conduct their own investigation to ascertain which personnel used the force against the victims," she said.

She said those were the unanimous findings and recommendations of the panel of inquiry which also comprised Datuk Dr Chiam Heng Keng and Datuk Khalid Ibrahim, Bernama reported.

Zaitoon said the panel of inquiry also recommended that the police and FRU urgently implement international standards as guidelines for their personnel on the use of force.

"The panel of inquiry recommended that the police and FRU require all their personnel to display their names and badge numbers visibly and clearly during field operations," she said.

Zaitoon said the report would be submitted to the police, Home Ministry, Attorney-General' s office and those who lodged the complaints, as soon as possible.

The Suhakam panel began its inquiry last July.

The two men unwittingly drove to the scene of a protest by BMC residents against the blockade of Persiaran Bandar Mahkota Cheras, which was used as a shortcut to get to the Grand Saga highway.

Chang had claimed the FRU and police had stopped his car and assaulted him and three passengers. The inquiry found that no excessive force was used against the other two passengers, although their security and safety were threatened by the police's aggressive actions.

On claims that Jiun Haur’s was driving recklessly and refused to get out of his car when ordered to do, Zaitoon said the panel could not deliberate on this as the allegation had become the subject of a court case.

The BMC issue was later resolved, when the residents submitted a memorandum to Works Minister Datuk Mohd Zin Mohamed and the cabinet ordered the barricade to be removed.

Date: 7 January 2009

Source: The Sun Daily