‘Misconduct due to ignoring inquiries’

The Bar Council points to the government’s reluctance to implement the IPCMC and its snubbing of Suhakam recommendations.

KUALA LUMPUR: The government’s reluctance to implement the Independent Police Complaints and Misconduct Commission (IPCMC) and repeated snubbing of Suhakam’s recommendations contributed to the various reported misconduct of the police during the Bersih 3.0 rally, Bar Council president Lim Chee Wee said today.

“It is sad that the police has not learnt in the last 10 years from the mistakes it has made in past rallies,” he said.

“Given the incontrovertible and extensive evidence of police brutality and wrongful use of non-lethal weapons of tear gas and water cannon, the government must demonstrate a serious commitment to investigate via an independent and competent panel on what went wrong, how and what to do for the future.”

Lim added that the government must follow up on the findings and recommendations of the panel.

He said the public was disappointed with the government’s reluctance to heed past panels of inquiry, notably the proposal for an IPCMC and the recommendation for prosecution of MACC officers responsible in the death of Teoh Beng Hock.

Lim said that the number of “negative elements in the police force” would have been reduced had the government implemented the IPCMC, recommended by a royal commission headed by former chief justice Mohamed Dzaiddin Abdullah.

“The recommendation is premised on the underlying principle that the police cannot be expected to police themselves.”

Lim said that in the absence of the IPCMC, Suhakam would be the best body to undertake the investigation into police conduct during last Saturday’s rally.

However, Lim added, despite Suhakam having conducted three separate public inquiries and produced its reports into police brutality and misconduct in their handling of rallies, it has been ignored by police, said Lim.

The inquiries were:

• Inquiry on its own motion into the Nov 5, 2000 incident at the Kesas Highway;

• Public inquiry into KLCC Incident on May 28, 2006; and

• Public inquiry Into the allegation of excessive use of force by law enforment personnel during the incident of May 27, 2008 at Persiaran Bandar Mahkota Cheras 1, Bandar Mahkota Cheras.

Lim noted that there is an ongoing Suhakam inquiry into last year’s Bersih 2.0 rally.

Recommendations made by Suhakam from past inquiries include:

A. From the inquiry into the Kesas Highway incident:

Crowd dispersal methods

1. The police should review the methods of crowd dispersal.

2. Police personnel on duty should be ordered to exercise restraint when dispersing assemblies, especially in the use of canes and batons, tear gas and water cannons.

3. Warnings to disperse should be given loudly and clearly, three times at 10-minute intervals.

4. Sufficient time to disperse should be given. The time given should depend on the size of the crowd – the larger the crowd, the longer the time given.

5. People who are trying to get away after the warning to disperse should not be chased and/or assaulted.

Confiscation or destruction of property

1. Property belonging to members of the public should not be destroyed or confiscated without a justifiable reason.
B. From the inquiry into the KLCC incident:

The basic principles on the use of force and firearms by law enforcement officials which have been adopted by other jurisdictions provide a practical guideline for law enforcement officials when the use of force and firearms is unavoidable. In summary, the guidelines are as follows:

1. Human life should be respected and preserved;

2. Everyone is allowed to participate in peaceful assemblies;

3. There should be no interference by the police save for the protection of persons participating in the assembly or others;

4. Police officers should exercise restraint in the use of force and minimise damage and injury;

5. Law enforcement officials should minimise the risk of endangering uninvolved persons, and the use of such weapons should be carefully controlled;

6. The progression of use of force should follow five stages: verbal persuasion, unarmed physical force, force using non-lethal weapons, force using impact weapons and deadly force.

Lim said similar recommendations made in Suhakam’s Report on Freedom of Assembly have remained unheeded by the police.

“This is evident by the recurrence of excessive use of force and unprofessional police conduct in the dispersal of peaceful assemblies in past assemblies and the incidents of heavy-handed action of FRU personnel” in Bersih 3.0, he added.

Lim said the Bar Council would participate in any Suhakam inquiry into Bersih 3.0.

The council has called for a extraordinary general meeting next Friday to discuss issues surrounding the Bersih 3.0 rally.

The council deployed a 78-member monitoring team during the rally and released an interim report early this week.

Lim has also announced that the council was considering getting volunteer lawyers to file civil suits on behalf of victims of violence during the rally.