The Parliamentary Special Select Committee to Peruse the Penal Code and Criminal Procedure Code was today urged to push for the setting up of an independent tribunal to investigate complaints against the police.

Non-governmental organisation Police Watch and Human Rights Committee made the recommendation in a memorandum to the parliamentary committee chairperson Mohd Radzi Sheikh Ahmad.

Met at the Parliament building earlier, Police Watch's legal advisor P Uthayakumar said the current practice of having the police record complaints against them is akin to having "criminals recording statements from their victims".

In view of this, the lawyer said the government must form a Police Complaints Tribunal to tackle such issues.

In May, Uthayakumar had claimed to be assaulted by a group of men whom he believes were police officers.

However, the vocal campaigner against police brutality refused to have his statement recorded by the police.

Cases are closed

Uthayakumar and four other lawyers presented the memorandum which also provided a list of suggested amendments to the Penal Code and Criminal Procedural Code during a closed-door meeting with Radzi, who is also the minister in the Prime Minister's Department.

The 19-page memorandum, signed by Police Watch's chairperson RN Rajah, stated that cases involving complaints - criminal or otherwise - against the police are usually not investigated.

"In some cases, we have waited for 12 years but there's no action," said Uthayakumar.

Other proposals contained in the memorandum related to the occurance of death in police custody, such as suggesting amendments to the certain aspects in the Penal Code and the Criminal Procedure Code (CPC).

Limit remand period

The other recommendations were mainly concerned with police powers in arresting and detaining persons suspected of involvement in crimes, included limiting the remand period to a maximum of seven days as opposed to the maximum 14 stipulated in Section 117 of the CPC.

In addition, the memorandum said police officers should not be allowed to exercise prosecuting powers or be allowed to apply for a fresh remand order beyond seven days.

It added that this was to ensure that "serial remand orders" and charges of torture and other abuses do not occur as well as improve the general efficiency of police investigations.

"By this amendment it would force the police force to increase their level of efficiency and investigate first before arresting any suspect," read the memorandum.

On that note, Section 23 (1) of the CPC was also targetted for change by the memorandum as it frequently led to arbitrary arrest based on merely "a reasonable complaint, credible information, or reasonable suspicion."

Warrant of arrest

The memorandum urged that a new clause be added to Section 23 emphasising the general rule that a warrant of arrest be obtained before arresting a suspect, as well as a further requirement that the district police chief serve a formal police report, within six hours, detailing the grounds of an arrest.

Other recommendations pertained to the right of detainees both to legal representation of their choice as well as the opening of their remand trials to the public.

In the press conference following the meeting, Radzi expressed his committee's willingness to consider all the recommendations presented in the memorandum.

However, he did not disclose any details regarding the seven-member committee's views on the proposals.