The Human Rights Commission (Suhakam) has found the arrest of five lawyers on May 7 last year at the Brickfields police station to be in violation of human rights and held two top police officers responsible.

It argued that the decision of the police to use section 27 of the Police Act to arrest the lawyers – who were at the police station to provide legal assistance to a number of detained protestors – was unjustified.

NONE Announcing the findings in Kuala Lumpur today, Suhakam commissioner and inquiry chairperson Muhammad Shafee Abdullah said that the police had acted in a way that was mala fide.

"Clearly the violation of human rights were mainly committed by Brickfields OCPD Wan Abdul Bari (Wan Abdul Khalid) ( photo below ) and DSP Jude Pereira," he said.

protest against sri lanka genocide 270209 16 brickfields ocpd wan abdul bari wan abdul khalid "We are of the view that this two senior police officers had the relevant time go and make an assessment of the situation that has now become the subject of this inquiry," he added.

The inquiry which began last August was aided by two other commissioners - Michael Yeoh and Denison Jayasooria.

No disciplinary action recommended

Following the decision, Muhammad Shafee recommended that the police acquire a better understanding of local and international human rights laws, but he stopped short of suggesting any disciplinary action for the duo.

“There are only two persons responsible for the entire episode and we leave it to the parties concerned - the Attorney-General’s Chambers and the police force - on what action they ought to take,” he said.

lawyers at brickfields police station 220509 04 The five lawyers from the Bar Council’s Legal Aid Centre - Puspawati Rosman, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal and Syuhaini Safwan - were arrested for allegedly participating in an illegal assembly outside the Brickfields police station between 9.25pm and 9.30pm on May 7 last year.

However, the lawyers stressed that they were there to provide legal representation for protestors who had been arrested several hours earlier for participating in a candlelight vigil.

The vigil was to protest the arrest of Bersih activist Wong Chin Huat, who on May 5 was detained under the Sedition Act.

The arrest of the five sparked an uproar by the Bar Council, which condemned the police for interfering in the duties of the lawyers and demanded for an inquiry into the matter.

Bar Council plans to sue cops

bar council suhakam memo 5 detained lawyers incident 200509 ragunath In an immediate reaction, Bar Council president Ragunath Kesavan ( right ) said that the Suhakam inquiry has vindicated the five lawyers.

“This have been our position from the beginning that the lawyers were not part of any illegal assembly. We condemn the police action and we will be filling a civil suit and lodging a complain with the Police Commission,” he said.

Counsel M Puravalen, who represented the five lawyers at the inquiry, took a swipe at the police for the events on May 7.

“When the lawyers were arrested, IGP Musa Hassan had said that lawyers are not above the law/ Now that his people have violated human rights, I ask the police chief to take action against them,” he said.

“The police are not above the law.”