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Memo to suhakam and police
Friday, January 16, 2009
Seven policemen were charged at the Kuala Lumpur Sessions Court today in connection with the case of a 27-year-old man and 18-year-old teenager being allegedly scalded with hot water at the Brickfields police district headquarters.The seven were charged under Section 506 and Section 304 of the Penal Code for collectively committing an act of criminal intimidation and voluntary causing hurt to extort a confession.
Those charged were Sgt Mohd Shafiee Abdul Halim, Sgt Mohd Diah Sulaiman, Sgt Zulkiplly Taib, Cpl Abdullah Musa, Cpl Zamrin Zaid, L/Cpl Matila @ Saudi Ismail dan L/Cpl Nizam Abdul Wahab from the Criminal Investigations Department (CID).
They were accused of committing the offence against B Parabakar and C Solomon between 10.15pm on Dec 23 and 3.30am on Dec 24.
The seven pleaded not guilty and posted the RM5,000 each bail. If found guilty, they face a prison term of up to seven years and a fine.
Solomon, who is missing, was picked up by police and taken to the Brickfields district police headquarters on Dec 23 to assist in the investigation of an extortion case.
Prabakar, a friend and colleague, was taken in at the same time from their place of work at Sri Hartamas.
He alleged that he failed to provide the police with any information, he was tortured in various ways by 11 policemen, including having boiling hot water poured on him.
Prabakar was released from remand on police bail on Dec 28 - the last he saw Solomon.
Memorandum to Suhakam
Kapar PKR parliamentarian S Manikavasagam today submitted another memorandum to the Human Rights Commission of Malaysia (Suhakam) on behalf of Prabakar.
Other members of Parliament who present were M Manogaran (Teluk Intan-DAP), Lim Lip Eng (Segambut-DAP) and Loh Gwo Burne (Kelana Jaya-PKR).
Suhakam Commissioner Siva Subramaniam, who received the memorandum, said that since the matter was now before the courts there were limitations to what Suhakam could do.
However, he assured that the commission’s legal division would study the memo and put up a paper for the commission to consider.
He said the key issue at hand was that police officers lacked training and Suhakam was hoping to organise more programmes with the police, especially investigation officers, on human rights.
“Police officers should keep in mind that they are not above the law. Although upon arrest they can use minimal force but during the investigation they must follow the norms,” said Subramaniam.
“These practices do not reflect well for a developed country,” he said. Prabakar, who was present, said that he was unhappy that only seven policemen were identified and prosecuted. “When I gave my statement, I said there were nine of them,” he said, adding that when he was called for an identification parade only seven policemen were in the line-up.
‘Case not an isolated matter’
Prabakar’s lawyer, N Surendran , lamented that the case was not an isolated matter and raised concerns about the attitude of the police force.
“The police seem to be routinely doing this (brutality) when arresting a suspect [...] for example, beating with a rubber hose on the soles of the feet, we know this to be a routine thing [...] I feel it is safe to say the police do it in the routine way,” he said.
“I have been practising law for 15 years and I have come across many incidents of clients who have related the same stories…and yet nothing seems to be done in order to remedy the situation.
“So it won’t be an exaggeration for us to say that many of our police lock-ups are little more than torture chambers,used by the police in order to oppress and treat suspects in the most shocking manner.”
In addition, Surendran claimed that there must be something unstable about individuals who performed such brutality.
“To actually do this to another human being, one must be in some manner sick,” he added. Surendran also asked whether “normal people joined the police force but something in the police culture corrupted them and turned them into monsters”.
Surendran said Suhakam must present a “harder stance” on the matter and pressurise the police to overcome their lackadaisical attitude.
posted by T. BALA @ 4:50 PM  
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