|
|
|
|
Moves to 'halt the rot' in
Malaysia
By Anil Netto
PENANG - A senior police officer allegedly
declares he has assets worth RM34 million (US$8.9
million); another rakes in RM200,000 a month from
a protection racket he runs. And that's just the
tip of the iceberg in Malaysia.
These are
part of the findings of an independent commission
of inquiry, headed by a former judge, that has
taken Malaysia's police force to task for
human-rights abuses and corruption in a
surprisingly frank report released this week. It
has come up with 125 recommendations to improve
police operations. Among the report's key
proposals is the setting up of a permanent
independent commission to investigate and take
action on public complaints against the police.
The commission and its report are being
seen as an attempt to repair the tarnished image
of the force - and burnish Prime Minister Abdullah
Badawi's waning reformist credentials amid
mounting public disillusionment in recent months.
Before the report was released, Abdullah's
credibility as someone who could bring about
reforms was at stake.
"There was a lot of
talk about Abdullah Badawi not being able to do
much to wipe out corruption and abuse of power,"
noted political scientist Johan Saravanamuttu. "I
see [the commission and its report] as Abdullah
Badawi trying to re-establish himself in the eyes
of the public."
Already the premier has
promised to set up a task force headed by him to
oversee the implementation of the commission's
recommendations.
Acknowledging what
ails the police
In the Malaysian context,
the police have always been relied upon to ensure
"stability" for the country in more ways than one.
Malaysia has been led by the same party,
the United Malays National Organization - in
coalitions with other parties - since independence
from the British in 1957. When pro-democracy
protests erupted in 1998 after former prime
minister Mahathir Mohamad sacked his populist
deputy, Anwar Ibrahim, the police played a key
role in suppressing the fledgling reformasi
movement, comprising activists, opposition
politicians and ordinary people.
But the
high-handed methods used to quell the movement
tarnished the image of the police and undermined
their credibility. The most damaging incident
occurred in September 1998, when Anwar was
arrested after leading a huge demonstration in the
capital, Kuala Lumpur, as tens of thousands of
people called for Mahathir's resignation.
That night, the country's then-top police
officer, Rahim Noor, pummeled a bound and
handcuffed Anwar in a police cell, leaving him
unconscious. Days later, when public pressure
forced the authorities to bring Anwar to court,
his black eye sparked a public outcry.
Other reformasi activists were detained
under the draconian Internal Security Act (ISA)
and some alleged that they were abused or tortured
- either mentally or physically. The ISA allows
for indefinite police detention without trial.
In addition, dozens of peaceful
demonstrators on the streets felt the wrong end of
police batons while many more were stung by tear
gas.
While Mahathir's administration
survived the upheaval - the former strongman
eventually stepped down in 2003 after 22 years in
power - his suppression of dissent left the image
of the police in tatters.
Telling them
what they already know
In a sense, it
didn't have to take such a bulky report to find
out what most Malaysians already know about
corruption and abuse of power in the police force.
Even before the reformasi protests, in coffee-shop
talk and the privacy of homes, many Malaysians
would whisper among themselves about corruption
among the men in blue.
The commission
received 468 letters from the public, 232 online
responses, and 551 complaints through public
hearings, as well as 316 suggestions for
improvement. Its report outlined a litany of cases
of corruption and abuse of power involving police
personnel, but few Malaysians appeared surprised.
Some see the commission of inquiry's
findings as an endeavor to boost the legitimacy of
the police as a key apparatus of the Malaysian
state. "It is an attempt to restore their image,"
said Johan.
All the same, the commission's
findings are significant. This is the first time
an official body has publicly acknowledged
widespread corruption, abuse of power and other
shortcomings in the force.
"The commission
recognizes that there is corruption, there are
abuses, and vulnerable members of society are
without protection under detention," noted P
Ramakrishnan, president of the social reform group
Aliran.
But while the commission seemed
willing to tackle corruption and the conditions
that lead to everyday abuse of power, it appeared
less willing to confront the most oppressive of
the preventive detention laws, the ISA.
Many former detainees have complained of
cruel, inhuman and degrading treatment while in
custody. But instead of calling for the repeal of
the ISA, the commission merely called for the law
to be amended (though it did call for the repeal
of other similar laws).
"It is difficult
to accept the commission's recommendation that the
initial period for detention under the ISA be
reduced to 30 days (from 60 days) when this
obnoxious law should not exist in our statute
books," said Ramakrishnan.
Anti-ISA
campaigners have pointed out that the worst abuses
against detainees occur during the first two weeks
of detention, often at unknown locations where the
detainees are held in solitary confinement (see Torture tales should deter
indefinite detentions, May 25, 04).
"A law that denies a person his recourse
to natural justice cannot be justified for
whatever reason or under whatever circumstances, "
said Ramakrishnan.
He added that he is
concerned whether the commission's other
recommendations would be translated into effective
mechanisms "to halt the rot in the system". Other
activists felt the issues of custodial violence,
deaths in police custody, and the allegedly
indiscriminate shootings of criminal suspects were
not adequately tackled.
S Arutchelvan of
the human-rights group Suaram called on Abdullah
to give an assurance and a timeframe for the
implementation of the commission's
recommendations. He noted that the recommendations
of two previous Royal Commissions - one on local
government and the other on a disaster at a
fireworks factory - were never implemented.
"We are concerned that this report will
face the same fate," Arutchelvan pointed out in a
statement, adding that the government should give
a report every six months on the progress in
implementing the 125 recommendations.
One
of those who has borne the brunt of police
brutality is opposition politician Tian Chua, who
was either manhandled or assaulted during the
reformasi period.
"As someone who has
experienced it firsthand, I cannot but feel
cynical [about the report]; it's hard for us to
feel any enthusiasm about the recommendations," he
told Inter Press Service, noting that previous
recommendations on freedom of assembly by the
Human Rights Commission of Malaysia were not
implemented.
The opposition politician
stressed that it is not the length of detention
that is crucial in preventing abuse of power and
torture. Rather, the government has to abolish
detention without trial, tackle the issue of lack
of access to lawyers and observe the due process
of law.
"Ultimately, it comes down to
whether the government has the political will to
carry out reforms," said Tian Chua.
(Inter
Press Service) |
|
|
|
|
|
|
|
 |
|
|
|
|
|
All material on this
website is copyright and may not be republished in any form without written
permission.
© Copyright 1999 - 2005 Asia Times
Online Ltd.
|
|
Head
Office: Rm 202, Hau Fook Mansion, No. 8 Hau Fook St., Kowloon, Hong
Kong
Thailand Bureau:
11/13 Petchkasem Road, Hua Hin, Prachuab Kirikhan, Thailand 77110
|
|
|
|
