CHAPTER 1 - REPORT OF THE EDUCATION AND PROMOTION WORKING GROUP
4. HUMAN RIGHTS TRAINING FOR ENFORCEMENT
AGENCIES
(a) Training for the Royal Malaysian Police
The on-going series of workshops saw 149 officers-in-charge (OCS) of police stations in Kelantan,
Terengganu and Pahang being trained between May and October. Resource persons from several
human rights organisations were invited to speak on themes relating to policies and daily duties
of OCS. The participants were assigned case studies on issues and procedures related to death in
custody, remand orders, domestic violence, child abuse, freedom of assembly and the interrogation
process. Other issues included rights during arrest and detention, rights of the police officers and
misuse of power by police officers.
Special attention was given to the Commission’s views on human rights in the investigation process.
Participants were informed that the police should not detain anyone without trial as this is a clear
violation of human rights standards. Legislation that allows detention without trial such as the Internal
Security Act 1960 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969 have
been open to abuse, based on previous complaints. The Commission strongly believes that everyone
has a right to a fair trial.
Another key issue addressed was on the freedom of assembly. Since its establishment, the Commission
had conducted three Public Inquiries2 relating to freedom of assembly, and proposed guidelines for
both the police and organiser. These guidelines, shared with the participants, emphasised that:
•
The law on assemblies should be applied equally and without discrimination.
•
A cooperation model between the police and the organiser of assembly should be exercised –
the organiser should inform the police about the intended assembly, thereby negating the need
for a permit.
•
The authorities, including managers of public places, should allow the use of such places for
gatherings organised by all sectors of the society without any discrimination.
•
Roadblocks should not be used to prevent assemblies from taking place.
•
Police personnel should display individual identification, especially on the outer part of the body
armour.
2
Inquiry on Its Own Motion into the 5 November 2001 Incident at the KESAS Highway; Public Inquiry: Incident at KLCC on 28 May 2006; and Public
Inquiry into the Arrest and Detention of Five Lawyers of the Kuala Lumpur Legal Aid Centre at the Brickfields Police Station on 7 May 2009
29