A Human Rights Commissioner said today that "allegations based on credible first-hand evidence" concerning police violence and brutality will be given earnest consideration by Suhakam.

"Any specific allegation based on credible first-hand evidence will receive the most earnest consideration of the Commission. General allegations without credible supporting evidence will be ignored," said Mahadev Shankar, a former judge, who stressed that he is speaking in his personal capacity.

"The basis on which the Commission is empowered to proceed under (that section) is upon a complaint by an aggrieved person or an allegation of a human rights violation."

Mahadev was replying to laysiakini's stion on whether Suhakam, under Part III Section 12(1) of the Act, will be taking any action on police violence and brutality.

Suhakam is given a mandate under Section 12(1) of the[#1] Human Rights Commission of Malaysia Act[/#] that, "on its own motion or on a complaint made to it by an aggrieved person or a group of persons or a person acting on behalf of an aggrieved person or a group of persons, inquire into an allegation of the infringement of the human rights of such a person or group of persons."

Limited powers

Suhakam's investigative powers, though, are only limited to allegations of human rights abuses that are not currently under the investigations of the courts.

"The Commission shall not inquire into any complaint relating to any allegation of the infringement of human rights which (a) is the subject matter of any proceedings pending in any court, including any appeals; or (b) has been finally determined by any court," according to the Act under the same section.

When asked on the recent "Abolish the Internal Security Act" memorandum sent to Parliament on Oct 19 by 71 non-governmental organisations, Mahadev stated that "Suhakam must respect the laws of the nation and as long as the ISA is on the statute books we have to take cognizance of it." [#2](NGOs bearing memo denied entry to Parliament[/#], Oct 19).

'Reasonable force'

Mahadev was also asked to comment on police shooting and brutality, particularly the recent cases of carpenter How Soon Hock, 24, who was shot, "Russian roulette" style, during a police interrogation [#3](Suspect allegedly shot during Russian roulette-style interrogation[/#], Oct 16) and Phevarajah Suppiah, who was killed by police in Kluang, Johor, after he held a schoolboy hostage on Oct 10.

"The law permits the use of reasonable force in the apprehension of persons suspected or being seen to the committing criminal offences," Mahadev replied.

"I cannot endorse your view that in all cases where shots have been fired that is ipso facto evidence of police 'brutality'. This is a loaded word and its indiscriminate use is an unwarranted slur on the police force.

"Each case must be judged on its own facts. And it would be useful for all concerned to ask themselves what they would have done if they were in the shoes of the policeman in a particular case where he has had to resort to the use of firearms."

[#4]Q&A; with Mahadev[/#]