CHAPTER 2 - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP
On 1 May, a team was sent to observe a planned parade from Jalan Chow Kit to Dataran Merdeka,
Kuala Lumpur, to mark Labour Day and to show support for the Minimum Wage Bill. However, the
police prevented the event from proceeding because the organiser – a group of NGOs – did not
have a permit for the assembly. Several individuals were arrested when they did not heed police
instructions to disperse. A discussion took place between the organiser, police and the Commission’s
team. Those who had gathered were then given time to disperse.
On 9 July, however, participants of the Bersih 2.0 rally in Kuala Lumpur were dispersed forcefully by
the police. Based on complaints received, the Commission has initiated a Public Inquiry into alleged
infringements of human rights, including the alleged use of excessive force by the authorities prior to
and during the event. The Inquiry is in progress. (Please see Report of the Public Inquiry, page 133).
The Commission has previously recommended that, in the event the police find it necessary to control
or disperse a crowd, appropriate and non-violent measures should be adopted. It hopes that the
proposal can be implemented for the development of human rights in Malaysia.
(e) Treatment of Detainees
On 18 August, the Commission received a complaint from families of detainees at the Machang
Rehabilitation Centre in Kelantan. It was alleged that the detainees had been beaten by a group of
officers from the Prison Department headquarters during a spot check on 17 August. The identity
of the alleged perpetrators could not be established because the officers had been wearing face
masks during the spot check.
The Commission visited the centre and met with the detainees on 6 September. The Commission
also met with officers of the Machang Police District Headquarters to get feedback on the status of
reports lodged.
Based on its observations during the visit to the centre and feedback from the Prison Department,
the Commission has recommended the following measures to avoid the recurrence of such
incidents:
•
The Prison Department should come up with a Standard Operating Procedure (SOP) on the
wearing of face masks by officers conducting cell inspection.
•
Injured detainees should be taken to hospital for treatment as soon as possible. In this case, the
detainees had only been sent for treatment four days after the alleged incident.
•
Items sold at the prison canteen should be in line with guidelines set by the Prison Department.
In this case, it was alleged that the officers had confiscated items that the prisoners had bought
from the canteen.
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