COMMENT Suara Rakyat Malaysia (Suaram) is alarmed by Home Minister Hishamuddin Hussein's statement that the repeal of the Internal Security Act (ISA) will not limit the powers of the police (Source: Bernama April 15, 2012).
The Security Offences (Special Measures) Bill 2012, tabled on April 10, once again provides excessive powers to the police with limited oversight or accountability.
Suaram has been concerned about these powers since the legislation was tabled and the remarks made by the home minister have confirmed our doubts and strengthened our call for the Bill to be cancelled immediately.
Laws should be made by taking into account the views of the people, not the police alone!
The statement quoted the minister as saying "the new Bill would not have been tabled if police as the 'end users', who ensure the security of the country, are not comfortable with it".
This sends out a message that the government and Hishamuddin (right)
never had the desire to take into account the views of the people, but
have been only concerned with how the police view the law because of
their role as law enforcers.This position once again confirms the view of civil society and many others that Malaysia is a police state and the police can operate without accountability.
Clause 4 of the new Bill allows a person to detained for 28 days without being brought before a judge and would also give the police broad powers to conduct searches and intercept communications without a judicial warrant and will allow for abuse of power by the police.
The history of human rights violations by Malaysian police while using repressive laws such as Internal Security Act (ISA) and Emergency Ordinance (EO-Public Order and Crime Prevention 1969) - that have been documented over the years by Suaram - clearly show why the police should not be given such broad powers.
There has been a lack of justice and accountability on a range of human rights violations by the police, such torture and ill-treatment, deaths in custody, unlawful police shootings and abuse of power and corruption in the police force.
This has contributed to the lack of support and trust in the Malaysian police.
Today's police service in Malaysia has failed to realise the goals set for the establishment of a truly modern, representative and democratic police service.
There has been a lack of progress in reforming the Malaysian police service over the years and effective police oversight mechanisms do not exist at all. Yet the government has once again provided the police with a wide range of powers in the name of national security.
Reform of police crucial
The reform of the police is crucial for the development of a stable democracy, and the development of political and social structures representative of the values and needs of society.
The government needs to recognise the crucial role that the reform of the police plays in stabilising societies.
Furthermore, the police reform process should be viewed in the context of the need for a comprehensive review of the criminal justice system and police accountability.
Respect for human rights and the presumption of innocence are the cornerstones of a fair and impartial criminal justice system.
These principles must transcend the work of the police, be reflected in accountability procedures and define the manner of their interaction with the public.
We
are very concerned about the excessive powers given to police in this
Bill will act to further restrict fundamental rights and provide wide
powers to a police force that has failed to undergo reform and implement
the recommendations of the Commission on Policing dealing with human
rights.Suaram believes that the new Bill will strengthen the current climate of impunity and exacerbate the abuse of power by the police.
Therefore, Suaram demands the following be done:
1. Withdraw and cancel the Bill immediately
2. The government establishes the Independent Police Complaints and Misconduct Commission (IPCMC) as per the recommendations made by the 2005 Royal Commission on Policing without further delay.
3. All persons currently detained under the ISA be released immediately and unconditionally and be provided reparations equivalent to the torture and sufferings experienced by the detainees and family members;
4. Establish a Truth Commission to review all past ISA arrests with a view to bring perpetrators of torture and ill-treatment as well as other human rights violations committed against former detainees to justice in proceedings that meet international fair trial standards; and
5. The government must abolish all other detention-without-trial laws, such as the Dangerous Drugs Act (DDA).
Nalini Elumalai is the executive director of Suaram.
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