Date: Tue, 14 Nov 2000 08:54:22 +0800
www.malaysia.net/aliran/
PEACEFUL GATHERING AND VIOLENT POLICE REACTION
Aliran deplores the violence perpetrated by the police on a peaceful gathering on Sunday 5 November 2000 and condemns their harsh and cruel behaviour which is totally unbecoming of a peace-keeping force.
When the keepers of the peace turn violent and act as thugs and bullies they pave the way for anarchy and mayhem to rule the day.Is this what was intended by their mindless assault on defenceless citizens? Was it a planned provocation so that an excuse could be created to declare a state of emergency?
.
The police must surely bear the consequence of their behaviour:
*If there was, as they claim, an illegal assembly it was because of the unreasonable refusal of the police to grant a permit to legitimise the gathering.
* If there was traffic chaos it was caused by the police who set up road blocks and prevented a free flow of traffic.
* If innocent people were injured and traumatised it was because of the barbaric behaviour of the police.
The police, according to eyewitnesses, behaved unprofessionally and provocatively; their conduct was unbecoming and demeaning. They had by all accounts gone beyond the norms of common decency in what they did.
We understand that cars were vandalised and their occupants brutalised. Peaceful demonstrators were tear-gassed and bombarded with water canons. Apparently there was no prior warning given to disperse.
What was beyond comprehension was the fact, as reported, that some forty citizens who were detained and locked-up in a police truck "were subjected to three incidents of spraying fumes" that affected their eyes and hurt their heads badly. They were inhumanly locked-up for about three hours in the police truck under "very cramped conditions … with the flaps brought down" thus "making it most difficult to breathe".
We are outraged that one of the 4 women detained "was asked to strip naked at the Kapar Police Lock-Up and was made to do 10 "ketuk ketapis" - a form of infantile punishment meted out to little children by some unimaginative stupid teachers which required the children to hold their ears by crossing their hands and doing squats. The woman officer responsible for this punishment is a disgrace to the police force and is unfit to don the uniform.
We are shocked that a 17-year old juvenile who was sitting for her examination could be remanded. She should rightly have been released on police bail but, it seems, the police were in no mood to make a distinction between an adult and a juvenile.
We are disturbed to learn that those who were injured during the arrest were denied medication. There was no compassion shown nor any concern expressed for the injuries suffered by the detainees. This is indeed shocking.
We are appalled that some of the detainees were not produced before the magistrate within the stipulated period as required by the Federal Constitution. We regret that the court did not take the police to task for this violation of a fundamental right that is so crucial to the notion of rule of law.
We are flabbergasted that 10 lawyers who came to represent the 125 detainees were denied access to the detainees and were "kept waiting outside the gate of the Port Klang Police Station under the blazing hot sun from morning until up to 3.30 pm" after which "only 2 of them were allowed in".
It reflects sadly on our system of justice when the magistrate ultimately allowed the lawyers only 15 minutes to get their instructions from their clients. How this is humanly possible for the lawyers to take instructions from 125 detainees within 15 minutes defies our imagination.
For this breakdown in law and for the violation of human rights and for the detention of peaceful citizens by the police, we hold the Home Minister entirely responsible for the reprehensible behaviour of the police force which comes under his Ministry.
He must explain why a police permit was not granted for this gathering. He cannot hide behind some vague security reasons for this refusal. It is not acceptable.
My colleagues and I were present and participated in the peaceful protest against the ISA in front of the Kamunting Detention Centre on 29 October 2000. The organisers were remarkably responsible.
They were superb in their traffic control and ensured that there was a free flow of traffic at all times. There was no obstruction and the occasion was amazingly incident-free in spite of the spirited enthusiasm of the participants.
There was no reason or justification to fear that the gathering on 5 November 2000 would have been other than peaceful.
Datuk Seri Abdullah Badawi must state whether he condones the conduct of the police force on 5 November 2000. This is very important for us to know for that will reveal what his perception of the rule of law is. Datuk Seri Abdullah is not just a cabinet minister but a Deputy Prime Minister who, with a little bit of luck, will end up as the next Prime Minister of the country, unlike his three predecessors. We want to know whether his administration will have a human face and a compassionate heart.
We call upon the Human Rights Commission to take a very clear and moral stand on this episode. Human rights activists and peaceful citizens would want the Commission to state its position on the following:
* How justified was the police in refusing a police permit for a peaceful gathering on 5 November 2000?
* Were the constitutional rights of some of those detained violated when they were not produced before a magistrate within the stipulated time?
* Was the cause of justice served sufficiently in not permitting all the 10 lawyers present to have access to their clients?
* Was the magistrate fair to the two lawyers representing the detainees in giving them only 15 minutes to obtain their instructions from their 125 clients?
* Were the police right in not ensuring that those injured received prompt medication?
* Was the woman police officer who made a woman detainee strip naked and do 10 squats while holding her ears doing her duty diligently without violating the human rights of the woman detainee? Did her comtemptible conduct degrade the dignity of a human being?
* How justified were the authorities of Bukit Jalil Stadium in refusing to rent out the stadium for a peaceful gathering? Were they justified in rejecting a rental of RM30,000 that the organisers were reportedly ready to fork out. Bukit Jalil Stadium has become a white elephant and a burden to the taxpayer. Rejecting an income of RM30,000 is not only foolish and absurd but totally unwarranted.
The HRC must address these issues honestly and courageously and speak up openly on this matter to deserve our confidence and support.
We call upon the Inspector General of Police to instil in the police force that donning the uniform is not a licence to beat up people and behave as thugs and bullies.
He must immediately discipline those who exceeded their authority and weed out the unruly elements from the police force.
Tax-payers who contribute to the maintenance of the police force demand and deserve better treatment and respect from them.
P. Ramakrishnan
President Aliran
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