The presence of Special Branch personnel during a series of meetings between the police commission and several organisations today enraged commission chairperson Mohamed Dzaiddin Abdullah who was worried that it would cast aspersions on the commission's independence.

According to Dzaiddin, he discovered too late the presence of the Special Branch personnel at the premises of the commission's office in Kuala Lumpur.

"Had I known of their presence here earlier, I would have asked them to leave. They may have come to see who was here and who is saying what. (But) this is wrong.

"It may change public perception of the commission, tainting our image. I want to assure the public that we remain an independent body," he told reporters later.

Dzaiddin heads the 17-member Special Commission to Enhance the Operation and Management of the Royal Police Force. It is tasked to make recommendations on how to improve the police force in the light of many allegations of abuse and misconduct.

During the meeting earlier, the Bar Council among others suggested that magistrates, and not the police, record detainee's confessions, detainees be given the right to a telephone call and to uphold his/her constitutional right to legal access upon arrest.

It also wanted the police to bear the burden of proving that a detainee suffered no injury while under custody.

Burden of proof

Bar Council criminal law sub-committee chairperson, V Sithambaram, said the most important point was to shift the burden of proof from a detainee to the police for whatever happens during the period of custody.

"The police would have to prove that no injury was inflicted on a detainee under their custody, instead of the other way around," he told reporters after presenting the suggestions to the commission.

"This will surely solve cases involving deaths in police custody," he said, citing the Indian Supreme Court's call for the Indian Parliament to incorporate the said amendments to the Evidence Act.

Sithambaram said the sub-committee, set up three weeks ago, also wanted confessions to be recorded by a magistrate.

"All confessions can also be made before a magistrate or recorded by para legals, but not by the police.

"No investigating officer or any officer from the criminal investigations department should even be present when the detainee is asked if he/she wants to make a confession," he added.

He said the recorded confession must then be sealed and handed over to the investigating officer, with a copy kept by the court.

Another suggestion was to have a specific time and court for daily remand applications from specified police stations.

"Remand hearings must be conducted in open court with the decorum and seriousness it rightly deserves," said Sithambaram.

"Similarly, the constitutional right of an arrested person to counsel should also be given immediate effect," he added.

He said this could be incorporated in the Inspector-General of Police Standing Orders and the Courts' Practice Directions.

The sub-committee also noted that the absence of proper supervision of police officers encouraged abuse.

"When police officers feel that their activities are not monitored, they take liberties," said Sithambaram.

He said imposition of a deterrent punishment on erring officers by departmental superiors could go a long way in enforcing the norms of discipline and ensuring compliance of the law.

Religious corp

The commission also met with representatives from the Anti-Internal Security Act Movement (GMI) and the The Muslim Youth Movement of Malaysia (Abim), which proposed for a religious corp to be set up in the police force for the inculcation of religious norms and values

Abim's vice-president for national affairs, Yusri Mohamad, said this was in addition to suggestions by the Bar Council and GMI on both legal and human rights grounds.

"We wanted to introduce something different but closely related to the steps being taken to improve the police force," he said prior to presenting the proposal to the commission.

"This would be similar to what the military has. Discipline and physical strength training alone is not enough. The religious corp can help to strengthen spiritual maturity and moral values," he said.

"We want to propose that the corp be set up to inculcate Islamic values into the force as well as a reference point for them in discharging their duties responsibly."

Abim also wanted improvement in the welfare of police officers, including proper housing, living conditions and retirement requirements.

Checking facts

Meanwhile, Dzaiddin, when quizzed on the allegations of torture by former ISA detainees, said the commission needed to look into the facts first.

"I was part of the judicial process... I know the cases. We have to see the memorandum and probe the allegations.

"In due course, we will make the necessary recommendation," he said, referring to the concerns raised over the alleged torture by named Special Branch officers.

Asked why the meetings were behind closed doors, he explained: "We don't want media coverage because some of the things in the presentations may be privileged information.

"But I'm amenable to the press, so there should be no problem."