Tuesday, 21 February 2012

We need System of Check and Balance to Monitor Enforcement Authorities!

We need System of Check and Balance

to Monitor Enforcement Authorities!


Press Statement: 21 February 2012

SUARAM views the latest complaint by S Mogan, 42 years old; (20 February 2012) who alleged that, he was tortured and beaten with a gun pointed to his head to force a confession is clearly shows the clear abuse of power by the enforcement agencies. 

Suara Rakyat Malaysia (SUARAM) strongly condemns the violation of human rights principles and mistreatment on S Mogan by the police and the RELA. This is not the first time an allegation of abuse of powers and torture were reported on the police and RELA; we are strongly in view that abuses of powers by the police and RELA will continue to happen unless there is a system of accountability as an oversight mechanism on the power of the enforcement authorities.

"SUARAM remains concerned over this continuation of culture of impunity by the enforcement agencies, exacerbated by the failure of the government to implement a credible oversight mechanism. SUARAM questions the government on the delay over the implementation of Enforcement Agency Integrity Commission Act that was passed by Parliament recently. We view the delay on the establishment of the Commission is critical and exposes the government’s lack of political will to establish professionalism of these agencies and of human rights protection.

SUARAM is of the view that despite its call for IPCMC to monitor the duties and complaints on the police, we are also of the view that similar mechanism must be placed to oversee other law enforcement agencies. 

SUARAM call on government to investigate and conduct an inquest into this complaint immediately. The involved policeman and the RELA officers should be suspended until investigations have been completed and must be punished for this crime.

SUARAM stands firm in our demand to establish an independent body to monitor enforcement agencies. We also express our protest over the involvement of RELA in public policing duties as the agency lacks the professionalism and legal procedures in handling such matters. Besides that, SUARAM also calls on the government to ratify few primary international instruments of human rights, namely The International Covenant on Civil and Political Rights (ICCPR) and Convention against Torture (CAT), which had also been recommended by SUHAKAM in their first annual report in 2000.


Released by,

Nalini Elumalai

Executive Director
SUARAM


Related News Reporting:

Mechanic: Gun pointed at my head to force confession
A 42-year-old mechanic has claimed that he was stopped and assaulted by eight Rela personnel after filling petrol in his car in Kajang four days ago.

On top of that, when the Rela officers turned him in to the Taming Jaya police station, he was assaulted by four police personnel who allegedly wanted him to admit to car and lorry theft.

NONES Mogan (left), of Balakong, said his ordeal began about 5am before he was to meet a friend who had sought his help at his workshop and house.

“I decided to fill up my car with petrol as I wanted to send my children to school soon after. As soon as I filled up, I was stopped by the Rela personnel who accused me of car theft,” he said at a press conference today.

“They searched my Nissan Sunny car and saw that I had many spare parts. I told them that I am a mechanic but this was met with one of them using a metal rod to hit my left leg. Then the other Rela personnel assaulted me, punching and kicking me on the body and in the back.”

Mogan said he was then taken to the Taming Jaya police station by the Rela personnel where they told the police that he was a drug addict.

There, the police personnel allegedly assaulted him with a water hose and hit him on the feet, to get him to confess to stealing cars and lorries.

“At one point, one of them pointed a gun at my head, threatening to kill me if I did not confess. The police officers showed me vehicles (outside the police station that they said) had been stolen. (They said the cases) remained unsolved and (that they) would put the blame on me to have the cases closed.

“They continued to beat me on the feet and shouted verbal abuse. I was in severe pain as I suspected that my left leg had been fractured by the use of the iron rod.

“When they pointed the gun at my head, I told them to shoot me as I could not stand the pain. They wanted me to sign a blank letter but I refused.”

Mogan, who said he was held at Taming Jaya from 6am to 9am, was taken to the Kajang district police station where a police officer put him through a urine test.

Mogan, who is married and has three children, said the officer also checked his background and noticed that he does not have a criminal record.

“As the urine test proved to be negative and as I do not possess any criminal record, the officer decided to release me. He told me to seek medical treatment and to come back to lodge a police report afterwards.”

Losses of RM5,000


That afternoon, after seeking medical treatment, he went to retrieve his car from the Taming Jaya police station and noticed that the spare parts, spare battery, alternator, and tools were missing.

“I had RM1,300 in my wallet, which was given to the police, but the money is missing. My Nokia handphone and other spare parts like spark plugs are also missing. I estimate my loss to be in the range of RM5,000,” he said.

“I have lodged a police report soon as I wanted the police to investigate the matter. There are receipts for all the items at my workshop. If the items are from stolen vehicles, come and prove it to me.”

He claimed that his injuries have caused bruises all over his body, a fracture to his left leg, and slight difficulty in hearing.

Mogan said a police officer had taken photos of his injuries yesterday.

“I am scared as one of the police officers in Taming Jaya warned me that they will watch me closely. I fear for my life,” he said.

police tortured victim 110107 lawyer P UthayakumarHindu Rights Action Force (Hindraf) leader P Uthayakumar (right), who was present, said there has been a concerted effort by the authorities to pick up Indian Malaysians and to try to force confessions out of them to resolve crime.

“Hindraf does not condone crime but we are concerned if the Rela and police are going about this in such a way as to force a confession. This is illegal and worrying and we want the inspector-general of police (IGP) and the attorney-general (AG) to investigate the matter,” he said.

“For this reason, I have written to the AG and IGP today to investigate this allegation. Mogan does not have a criminal record as verified by the Kajang police but why subject him to such treatment?”

Uthayakumar said Hindraf wants to see the formation of the Independent Police Complaints and Misconduct Commission as proposed by former Chief Justice Mohd Dzaiddin Abdullah.


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