Suhakam inquiry into lawyers' arrest begins

By Malaysiakini (Aug 14, 09 10:02am )

The three-day public inquiry by Human Rights Commission of Malaysia (Suhakam) into the arrest and detention of five lawyers for illegal assembly on May 7, began today

The session is chaired by Muhammad Shafee Abdullah (below) and two other commissioners Michael Yeoh Onn Kheng and Denison Jayasooria.

The five lawyers are Puspawati Rosman, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal and Syuhaini Safwan.

They are being represented by lawyer M Puravalen.

The lawyers were attempting to provide legal aid to a group of individuals nabbed during a candlelight vigil in support of Bersih activist Wong Chin Huat, who was detained under the Sedition Act, when they were arrested.

Arrested for taking photo

The first witness called in by the inquiry was Ginie Lim, who is the chief press relations officer at the Selangor government.

Lim said that on that night, there were about 30 people who had gathered to hold a candlelight vigil to show support for Wong.

"A plainclothes police officer had then approached us and asked everyone to disperse. He counted to the count of three for the crowd to disperse," she said.

She said this was soon followed by the arrest.

"I told the officer that it was not necessary to take photos of the (arrested) demonstrators but I was handcuffed instead," she said.


Shocked to see lawyers arrested

Lim said about 14 people were detained by the police at 9.30pm, when they failed to adhere to a very short notice from the authorities to disperse.

"Immediately, I texted one of my lawyer friends to tell her what happened and asked her to help us," she said.

About 30 minutes later, Lim who was separated from the bigger group and placed in a store at the police headquarters, said she was informed by her friend that the lawyers were outside the police station but were denied access to her.

Her requests to see them were pointedly ignored and about 11pm, she shouted to get the police's attention.

"One of them (policemen) told me that it was of no use to shout as the lawyers were detained. I was so shocked because I did not expect that," she said.

Later, Lim said she was asked to sign a waiver form but she refused as she knew from past experiences that signing such forms would surrender her right to a counsel.

She met four female lawyers when she was instructed to get into a truck to be taken to the Travers police station and they spent the night in opposite cells at the station's lock-up.

Police were unprofessional

Wong, 39, meanwhile said she went to the Brickfields police headquarters after being informed that two of her staff were detained for attending the candlelight vigil.

She saw the lawyers arguing with a high-ranking police officer and tried to help them gain access to their clients, but failed.

However, she decided to leave the police headquarters after the police chief warned that those who failed to disperse would be arrested.

"...but I never thought that they would arrest the lawyers as they had a duty to perform. The police were not particularly, professional in their dealings with the lawyers," she said.

Other witnesses interviewed were journalist Teh Yee Keong, 24, and students Neow Ti Hooi, 23, and Gan Zhi Jie, 22.

Terms of reference

The inquiry's term of reference is to determine whether the arrest and detention of five at the Brickfields Police station contravened provisions of the Federal Constitution and other substantive and procedural criminal laws which guaranteed the right to an arrested person.

The panel will also look into whether there was justification or necessity to arrest the lawyers under Section 27 of the Police Act.

It will also determined if there was violations of human rights and if so:

Which person or agency was responsible,

How did the violations occur,

What administrative directives and procedures or arrangements contributed to them; and

What measures should be recommended and taken to ensure that such violations do not recur.

The inquiry held at the Suhakam Inquiry Room at Level 29, Menara Tun Razak in Kuala Lumpur continues.