The Human Rights Commission (Suhakam) will study the allegations of police brutality before making any official report as most of the cases involve those still in police custody, said its vice-chair Harun Hashim today.

"We are analysing the complaints. We have to be careful. Because under the law, if the matter is already with the courts we cannot interfere," he told reporters at a press conference to launch the commission's logo at the National Art Museum in Kuala Lumpur.

"Those who are 'so-called' brutalised by the police are those who are already in custody in relation to a court case. Police don't go round the town slapping people just like that," he said.

Harun was replying to malaysiakini 's questions on the issue, on a request by Suhakam chairman Musa Hitam who was present to officiate the ceremony.

Suhakam has received a memorandum recently on alleged cases of police brutality from Parti Reformasi Insan Malaysia, a splinter group that broke away from Parti Keadilan[#1] (Average of 1.3 persons shot dead by police a week[/#], Oct 17).

The memorandum contains a detailed list of 638 police killings over the past 10 years.

Relevancy

Musa said that Suhakam has to determine the relevancy of the cases because many of them are not under the commission's purview and can be dealt by the agencies, departments and groups concerned.

He cited an example of alleged police brutality where Suhakam will communicate with the police and tell them that there is such a complaint against them. But if the police "turn around" and say that the matter is already going through the normal judicial process, Suhakam is no longer entitled to handle the matter.

"However, if we feel that it is clearly relevant to the issue of human rights, we will decide whether we need more information, in which case we will communicate to the complainant. Once we are satisfied with the information, we will communicate with those who have been complained against," he said.

"We will call for an explanation between both parties. We'll try to resolve it through arbitration or mediation," he added.

Musa said that the mediation process is a very important aspect of the complaint procedure.

ISA review

However, he said that if the parties cannot resolve the problem through mediation, the matter may finally have to go through the normal process of a public hearing.

"Our (Suhakam) vision is to have in our office a place for public hearing, like a court," he added.

Suhakam is expected to set up its office at Menara Tun Razak in Kuala Lumpur at the end of the month.

Meanwhile, Musa said that Suhakam might recommend a review of the Internal Security Act and other laws which are against human rights.

Last week, representatives from 71 NGOs, led by Suaram gathered outside Parliament and handed over a memorandum calling for the abolishment of the Internal Security Act, a copy of which was sent to Suhakam[#2] (NGOs bearing memo, denied entry to Parliament[/#], Oct 19).

"In this case, we have to collect information and even listen to (what) the government (has to say), after which we might, I say 'might' because it is not conclusive, that we might say 'yes' we agree that these laws, these rules and regulations are indeed not in conformity to the spirit of the promotion of human rights," he added.

'Better than nothing'

Musa said that this exercise is in line with Suhakam's role, which is to advise, assist and recommend to the government on the drafting of laws, instructions and orders of administration.

"As far as detention without trial is concerned, we have met with NGOs and various groups and we agree that the laws need a review and I am glad to say that coming from statements of some political leaders and ministers, there has been on record that there is a need for review," said Musa.

"It is better than nothing. We in Suhakam are already looking at the details of the review. We are not looking at the ISA alone. There are also other laws like the Printing Presses and Publications Act, Broadcasting Act, and laws with regard to riots and peaceful assembly," he added.