The independent commission of inquiry which wrapped up its probe into the controversial nude ear-squat video clip last week, should re-convene to investigate other patterns of police abuse against detainees, various groups said at a roundtable conference in Kuala Lumpur today.

The call was also among six resolutions adopted at the end of the 90-minute meeting at Parliament House today. Some 30 representatives were present.

Parliamentary Opposition Leader Lim Kit Siang was the first to make the suggestion of re-opening the inquiry as he said detainees in police custody were not treated with respect regardless of gender or race.

He reiterated his call to the government to adopt the Royal Police Commission's 125 recommendations in full, especially on the proposed independent police watchdog. He said the government should have implemented 99 out of the 125 recommendations by now.

"Seven months have passed and the authorities said they have implemented 73 of the recommendations but why are they so shy to make public the details of this 73? Because they are not prepared for public scrutiny!"

200-year-old history but ...

On this, ex-royal police commission member Tunku Abdul Aziz did not hide his disappointment on the slow progress of the government in reacting to the recommendations. He opined that abuses in police lock-ups could be minimised once they are implemented.

He said the now-dissolved commission had spent 15 months to look into ways to improve the police force but improvement could only materialise if the recommendations are carried out.

"What they have come out with now? If you believe just wearing a 'I am anti-corruption' badges on the uniform can stop corruption, then I think you will believe everything else," said Abdul Aziz, the president of the International Institute of Public Ethics, to laughter from the other participants.

To the argument that strip searches are also practised in England and Australia, he pointed out that they are done there within a legal framework, unlike Malaysia. Strip searches in those countries observe tight rules such as being carried out in specially built rooms that are environment-friendly to a detainee.

"This is why society here cannot simply accept strip searches as part of the police tradition. Our police force has 200-year-old history of established rules and procedures [...] if this is part of the essential investigation process, why were no rules laid down?" he asked.

Human rights lawyer Amer Hamzah Arshad, who represented the National Human Rights Society, suggested that clear guidelines on body searches be drawn up and enacted as legislations to deal with the methodology and circumstances of such searches.

"The law needs to be made public so the people will know what is the permissible boundary and enforcement agencies can't abuse it," he said, adding that transparency and freedom of information were not observed by the authorities in the case of the nude ear-squat incident.

'Apologise to Kit Siang, Kok'

Amer also disagreed with calls from Umno politicians for legal action to be taken against Kit Siang and DAP Seputeh MP Teresa Kok who first exposed the video clip publicly.

"If they want to go after Teresa and Kit Siang, shouldn't we then charge Noh Omar (deputy internal security minister) who said the police had followed the rules because it's not the law, it's merely a tradition."

PAS vice-president Mohamad Sabu (right) said he had brought up a similar experience endured by reformasi supporter Norazimah Mohd Nor five years ago in Parliament but it was ignored by the public then and even by women parliamentarians.

"I also worry that Teresa will be the next victim to be punished like many whistle-blowers such as (DAP's) Lim Guan Eng who was jailed for exposing a rape case while (Keadilan's) Mohd Ezam Mohd Nor was jailed for exposing a corrupt minister.

"I hope Teresa won't go to jail, I will save you," said the former Kuala Kedah MP.
Winding up the conference, Guan Eng echoed Mohamad's views and added that the exposing of the nude ear-squat video clip was not racially or politically motivated.

Other speakers included DAP's Kok, PAS Dewan Muslimat chief Azizah Khatib Mat, Jamaah Islah Malaysia women's chief Dr Harlina Halizah Siraj and Joint Action Group on Gender Equality representative Vizla Kumaresan.

Larger problem

The six-point resolutions adopted at the end of the roundtable were:

  • Deploring the demands made by senators for action against Lim and Kok as this would be applying a double standard on police respect for human rights of detainees under police custody meaning one rule for foreigners, but another for locals.

  • Calling on the senators concerned to apologise to Lim and Kok for the baseless allegations made against them.

  • Calling on the cabinet at its meeting tomorrow to make a policy decision to establish the independent police complaints and misconduct commission.

  • Calling on the commission of inquiry to re-open its probe into the larger problem of the pattern of police abuse of human rights of detainees in custody.

  • Calling on the government to enact law to protect the whistle-blowers and,

  • Calling on the government to enact a Freedom of Information Act instead of trying to put everything under the Official Secrets Act.