The Human Rights Commission (Suhakam) can conduct investigation into police brutality even if such cases are pending in court, commissioner Anuar Zainal Abidin said today.

He said that police cases being tried in court for offences unrelated to torture or abuse by police officers can be investigated separately by the commission.

"This is my opinion. I don't know if others (in the commission) agree with me. There are 12 of us there and we all have different opinions but somehow we manage," he told reporters after launching a forum on Campaign Against Torture .

His comments appear to contradict the views expressed by Suhakam's vice-president Harun Hashim.

Last Wednesday, Harun said that under the law, Suhakam is not entitled to interfere with cases which are already pending in court.

He added that 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," Harun said.[#1] (Suhakam will 'analyse' allegations of police brutality[/#], Nov 2)

Suhakam has recently received a memorandum on alleged cases of police brutality from Parti Reformasi Insan Malaysia, a splinter group that broke away from Parti Keadilan[#2] (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.

Free to probe

Anuar said that while the right against torture is not spelt out in the Constitution, Suhakam is free to look beyond the Constitution and to comply with the Human Rights Commission Act.

"Suhakam can enquire into any complain and there is nothing in the Act that prohibits investigation from taking place as long as the investigation is not about the offence that is being tried in court," Anuar said.

Anuar also said that Suhakam's role in the prevention of torture is to examine relevant laws and convention and ensure the ones which do not comply with fundamental human rights to be ratified by the government.

"I don't see why the government hasn't ratified the United Nations Convention against Torture. It can be easily done," he said.

"I am sure they (government) will view the ratification of the Convention favourably," he added.

Anuar, who is former Chief Justice of Malaya, said that laws are necessary to overcome abuse. He said that with the presence of appropriate laws, citizens will have the right to complain against human rights abuse.

"This will at least deter people from committing the offence," he said, adding that Suhakam will visit the Semenyih detention camp tomorrow to observe the condition there following allegations of abuse and torture.

He noted that Suhakam's role is important in pushing for government action. He cited an example where juveniles under detention in Sungai Buloh were removed after their visit and recommendation that the prison is "not suitable for juveniles".

It was revealed recently that there were 120 juveniles below 18 years of age under remand in the Sungai Buloh prison.

"I would like to think it is our visits, actions and activities that had sparked a need for the government to take certain action," he said.

Stamp out torture

Meanwhile, an organiser of the Campaign Against Torture forum, Amnesty International Malaysia (AIM), today joins the global "Take a Step to Stamp Out Torture" campaign which will urge governments to openly commit themselves to abolishing torture.

"The government will be asked to sign and rectify the UN Conventions against Torture and to ensure that laws and practices in the country are consistent with the Convention," said AIM chairman Joseph Paul.

"As of October this year, the Convention has been ratified by 119 countries in the world, but Malaysia is not one of them," he added.

He said that the campaign will also create awareness of the lucrative trade in torture equipment and technologies.

"Torture has become high-tech in some countries, with scientific and medical knowledge being used to manufacture devices specifically designed to torture human beings," he said.

The campaign was attended by about 50 people from various non-governmental organisations. Other speakers who spoke about torture were Universiti Institute Teknologi Malaysia lecturer Mahindarjit Singh, KL Bar Committee member M Puravalen and Womens' Aid Organisation executive director Ivy Josiah