Letter to the Editor

On August 11 2005, Malaysiakini reported that a 14-year-old boy was allegedly abused and tortured by the police while in custody. The boy, accused of stealing, was handcuffed and allegedly beaten, abused and humiliated by police officers.

Women's Aid Organisation (WAO) want to take this opportunity to express that this alleged misconduct by the police is an indication as to why urgent reform in the police is imperative. It is to be remembered that the abuse and torture of detainees in custody has been addressed in the past by SUHAKAM, SUARAM and other NGOs.

For reform to take place, it is important that recommendations in the Report of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police be taken seriously and be put into action.

Besides the alleged abuse, there were other forms of misconduct by the police. In violation of the Child's Act 2001, the boy, a minor, was handcuffed. In accordance with this, the Report of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police also makes some provisions as to the conduct of the police when it comes to juvenile cases. It states that provisions in the Child Act and the IGSOs should be strictly adhered to and stressed that child suspects should not be handcuffed unless they show an inclination to abscond, to be aggressive or violent.

In reference to the section on Principles and Code of Practice Relating to the Arrest and Detention of Persons that is contained in the Report, a few recommendations were proposed to prevent torture and abuse of detainees. One of these was installation of 24-hour video-surveillance cameras in all rooms in the police stations. An action such as this would cause personnel to be vigilant about their conduct.

Another important recommendation was to have Custody Officers assigned to keep complete and accurate records of every detainee. The Custody Officer is to be appointed by the Chief Police Officer, and is to be independent of the Criminal Investigation Department. The officer is thus responsible for the welfare of the person detained, and has records of every detainee at the police station.

The alleged abuse that took place also highlights the fact that some officers are still unaware of the rights of the detained person. This calls for more training and education of the police personnel in regards to human rights. Police officers have to be made aware, and understand that they cannot abuse and torture remand prisoners.

It is sad to say that it is actions and allegations such as this that mars the faith of the people towards the police. These allegations against the police must be taken seriously. Also, action should be taken against the officers involved in the matter. We also urge the Ministry of Internal Security to put in place the reforms recommended in the Royal Commission Report, or else it will always be business as usual in the police force.