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MALAYSIA: Possible cover-up by police on a torture case witnessed by activists in Banting, Selangor

November 17, 2005

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

17 November 2005
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UA-211-2005: MALAYSIA: Possible cover-up by police on a torture case witnessed by activists in Banting, Selangor

MALAYSIA: Torture; witness protection; human rights defender; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding a possible cover-up by police authorities in Banting District police headquarters, Selangor into the torture of a man inside their police station. It was witnessed by three persons, two of whom are human rights activists, but the police have denied the incident instead of conducting an impartial investigation.

It was on 28 October 2005 when lawyer N. Surendran and S. Manickavasagam, a political activist, saw a Malay man being tortured by four policemen inside the police station's Bahagian Siasatan Jenayah (Criminal Investigations Divisions). The man's hand was twisted behind his back and his mouth was wrapped with plaster. He was seen suffering in immense pain and crying. One of the alleged perpetrators was identified as Chief Inspector Alex.

After the incident, the witnesses then reported the incident to the Officer-in-Charge of the police station, Superintendent Shah Gzali, who later told them to make a formal police report on the incident they saw.

On 1 November 2005, civil society groups submitted information to Tan Sri Mohd Bakri Omar, the Inspector-General of the Police (IGP), about the torture incident. It was reported later by the media that both Superintendent Shah Gzali and the IGP denied the witnesses' account and the former threatened the witnesses with police action. It was discovered that no impartial investigation was even conducted into the case.

We request your strong intervention to pressure the Malaysian government, in particular the IGP to ensure that an impartial investigation is conducted on the case. The threats of police action against witnesses must also be investigated. The witnesses must be given protection and assurances must be made that no legal or police action is going to be taken against them for making the report.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the witnesses: Mr. N. Surendran, a lawyer; Mr. S. Manickavasagam, a political activist and Narayana Perabu a/l Raman.
Victim: An unnamed Malay man
Alleged perpetrators: Four policemen attached to the Banting District police headquarters, Selangor
Date and place of incident: 28 October 2005 inside the room of the Bahagian Siasatan Jenayah (Criminal Investigations Divisions) at the Banting District police headquarters, Banting, Selangor Darul Ehsan

Case details:

On 28 October 2005, a Malay man was seen being tortured by three witnesses, namely Mr. N. Surendran, Mr. S. Manickavasagam and Narayana Perabu a/l Raman allegedly by four policemen inside the room of the Bahagian Siasatan Jenayah (Criminal Investigation Division section) of Banting District Police Headquarter located in Banting, Selangor Darul Ehsan.

They saw the victim’s hand being twisted behind his back and his mouth was wrapped with a tape or plaster. He was suffering from immense pain and was crying. One of the four policemen was identified as Chief Inspector Alex. Chief Inspector Alex was seen by one of the witness, Narayana Perabu a/l Raman, frequently coming in and out of the room during the incident.

After the incident, the witnesses immediately approached the Officer-in-Charge, Superintendent Shah Gzali Khan Shahadad about what they saw. Superintendent Gzali told them to make a formal report. But it was later reported later that Superintendent Shahadad denied the witnesses' account and instead threatened them with a police action. In a news report by the New Strait Times, a national newspaper in Malaysia on October 29 entitled “I saw cops manhandle detainee” Superintendent Shahadad reportedly rejected the witnesses account. He insisted that nobody was tortured in their police station and that the witnesses acted on hearsay.

On November 1, several civil society groups, one of which was the Malaysian against Death Penalty (MADPET), submitted a memorandum regarding the incident seen by the witnesses to the IGP, Tan Sri Mohd Bakri Omar, for him to take action. One of the witnesses, N. Surendran, is a member of the MADPET.

On November 2 and 10, a report came out from the Malay Mail with the title "Call for Independent Team to probe the incident" which quoted the submission to the IGP and a media statement issued by MADPET.  The information received by the IGP reportedly came from the police officials of the police station where the torture incident took place. The victim was not even identified because of an improper inquiry.

It was learned that the IGP has acted mainly on the report and statement by the Officer in Charge of the Banting Police District, Shah Gzali Khan Shahadad, and that no impartial or independent investigation has been conducted.

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SUGGESTED ACTION:
 
Please send letters to the Malaysian government, in particular to the IGP and raise your concern regarding this case. An impartial and independent investigation must be conducted.

Sample letter:


Dear ____________,

RE: MALAYSIA: Possible cover-up by police on a torture case witnessed by activists in Banting, Selangor

Name of the witnesses: Mr. N. Surendran, a lawyer; Mr. S. Manickavasagam, a political activist and Narayana Perabu a/l Raman.
Victim: An unnamed Malay man
Alleged perpetrators: Four policemen attached to the Banting District police headquarters, Selangor
Date and place of incident: 28 October 2005 inside the room of the Bahagian Siasatan Jenayah (Criminal Investigations Divisions) at the Banting District police headquarters, Banting, Selangor Darul Ehsan

I am writing to draw your attention to the case of torture of an unnamed man inside the the Banting District police headquarters, Selangor that took place on 28 October 2005. I am deeply concerned that no impartial or independent investigation has been conducted regarding the incident.

I have learned that the Inspector General of the Police (IGP), Tan Sri Mohd Bakri Omar, has acted mainly on information gathered from the police officials of Banting District police. I am disappointed to find that the statement by the three witnesses who saw the incident was not given appropriate attention . I was shocked that the witness were instead allegedly threatened with police action for making the report on the incident. This must be investigated accordingly.

I am deeply concerned by the attitude and treatment of the police officials towards the witnesses. Such manner is totally unacceptable and is sending the wrong message to persons who may have witnessed similar incidents. I was shocked that the Malaysian police, in particular the IGP has taken the witnesses concern for granted in this case. Complaints against police abuses, in particular acts of torture must be treated properly and investigated impartially instead of threatening those who made the complaints regarding police action.

I strongly urge for an impartial and independent investigation to be conducted in this case. The alleged perpetrators must be charged with criminal offenses if it is found that they have committed crimes against the victim. The victim must be identified and compensation must be afforded to him without delay.

Furthermore, I aske that the witnesses be given protection and that any actions to be taken against them as a result of making the complaint must not be encouraged. No further threats and intimidation must be employed towards them.

With such frequent incidents of torture occurring in the country, the government of Malaysia must ratify the United Nations Convention against Torture without delay and eventually introduce stringent domestic legislation to prevent such incidents from reoccurring. Abuses by the police must be prevented.

I trust that you will take action in this case.


Yours sincerely


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PLEASE SEND LETTERS TO:

1. Tan Sri Abdul Gani Patail
Attorney General's Chambers of Malaysia
Level 1-8 Block C3, Parcel C,
Federal Government Administrative Center,
62512 Putrajaya
Malaysia
Tel No: +603-88855004, +603 - 8885 5000
Fax No: +603 - 8888 9362
Email:  ag@agc.gov.my

2. Datuk Seri Mohd Bakri Omar
Inspector General of Police
Ketua Polis Negara, Ibupejabat Polis Diraja Malaysia
Bukit Aman, 50502 Kuala Lumpur
MALAYSIA
Tel: +603 2273 1326
Fax: +603 2272 2710 / 2273 1326

3. Tan Sri Abu Talib Othman
Chairperson
Human Rights Commission of Malaysia (SUHAKAM)
29th Floor, Menara Tun Razak
Jalan Raja Laut, 50350 Kuala Lumpur
MALAYSIA
Tel: +603 2612 5600
Fax: +603 2612 5620
E-mail: humanrights@suhakam.org.my

4. Dato' Seri Abdullah Hj. Ahmad Badawi
Prime Minister
Block D1, Parcal D, Pusat Pentadbiran Putrajaya
62502 Putrajaya, Selangor
MALAYSIA
Fax: + 60 3 8886 8014
E-mail: abdullah@kdn.gov.my


SEND COPIES TO:

1. Louise Arbour
United Nations High Commissioner for Human Rights
Office of the UN High Commissioner for Human Rights
1211 Geneva 10,
Switzerland
Fax: +41 22 917 9012 / 0213
Email: secrt.hchr@unog.ch (Attn: High Commissioner of Human Rights)
 
2. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
 
3. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Ben Majekodunmi or Ms. Chloe Marnay-Baszanger
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (Attn: Special Representative for human rights defenders)
E-mail: bmajekodunmi@ohchr.org; cmarnay-baszanger@ohchr.org

 
Thank you
 
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-211-2005
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.