Two lawyers have urged the Bar Council to view issues related to police abuse of power seriously and support calls for investigation systems into the abuses which are absolutely void of police influence.

The lawyers, P Uthayakumar and M Manogar, said in a written resolution submitted for the Bar Council's annual general meeting on March 19 that the council should "view with grave concern the current legal and procedural mechanisms where the police themselves investigate criminal abuses of police powers".

They proposed that the Bar calls on the Royal Police Commission, Malaysian Human Rights Commission (Suhakam), Attorney-General's Chambers and the government to formulate laws and mechanisms to set up an 'independent police investigation tribunal'.

"The tribunal is to be set up to independently investigate and prosecute all cases involving criminal abuse of power," said Uthayakumar, himself a victim of alleged police abuse.

Currently, the police commission does not possess prosecuting powers and merely investigates public complaints on the police and makes recommendations for the enhancement of police operations.

The AG's Chambers was also not spared criticisms in the lawyers' resolution.

"Over the last ten years, in particular, there has been growing public concern over the trend of arbitrary criminal abuse of police powers and the AG Chambers' slow arm in prosecuting the perpetrators," the resolution alleged.

They cited Article 145(3) of the Federal Constitution and Section 376(1) of the Criminal Procedure Code as authorities for the "AG to exercise his powers of prosecution with fear or favour".

Not conducive legal mechanisms

An example, they said, is the lack of prosecution in the 2001 Kampung Medan racial clashes - where six were killed and scores injured and the unknown outcome till today of four judicial inquests, mainly into deaths in custody, as basis for their discontent with the AG's Chambers.

"The latest memorandum (by a police watchdog) to the police commission outlined 714 reported cases (over 10 years) of criminal abuse of police powers. Hardly any criminal prosecution has been instituted in these cases and this gives rise to grave concerns," added the lawyers.

They further alleged that abuse by certain members of the police force has gone unchecked because of current legal and procedural mechanisms which only empower the police to investigate one of their own.

Contacted today, Uthayakumar speculated that "the resolution should be passed without any problems" by his peers.

Securing a simple majority, by show of hands in a vote, is needed from lawyers present at the meeting for the resolution to be passed.

"It's quite a straight-forward issue and members of the bar are very aware of the current situation and they have supported previous motions to address police abuse of power," he added.