September 14, 2012
What is wrong of Law Enforcement in Malaysia?
MORE than 30 years ago, I interviewed the then Inspector General of Police Tun Hanif Omar in his office. It was a candid, no-holds barred tete-a-tete and among other issues, we talked about why the public “fear” the police.
“Can you remember your younger days?” he asked. Not much but several incidents are ingrained in the memory. You know Nades, Hanif said a matter of factly, when children refused to have their food, the mothers usually threatened them by saying, “Eat quickly or the Policeman will come and catch you.” And the child finishes his or her meal without further fuss.
Hanif then reasoned that this “fear” is inculcated in people’s minds from a young age and hence the negative perceptions of the Police. It was an eye-opener having gone through the same routine in my younger days.
These days, parents may no longer use the same ruse and instead use words like “you can’t play games on the computer if you don’t finish your food”. However, the perception of the Police being high-handed and using double-standards in law enforcement is getting more credibility than ever before.
Enacted before their very own eyes, the public perceives the Police Force as a “bully”, taking advantage of the vulnerability of young persons while adults who had carried out similar acts are treated with kid gloves.
This is not an indictment of the entire force but some isolated incidents done in the glare of camera lights adds further to the poor image of the much-maligned law enforcers.
In September 2008, a group of men smashed a photo frame bearing the photograph of former Penang Chief Minister Tan Sri Koh Tsu Koon and then tore up his photograph in front of a packed media group. This was preceded by a falling out between Koh and UMNO politician Ismail Ahmad. Nothing happened. The Police watched with arms folded.
On Merdeka Eve, a group of people had trampled on the photograph of the Prime Minister and his wife. If stepping on photographs is an offence, it is understandable. That’s the reason why no one was charged in the Penang incident. And yet, the police deemed it fit to use the Sedition Act as a basis for their investigations. And what followed is what can only be described as the police shooting themselves in their own feet.
The photograph of a 19-year-old in handcuffs on the front page of this newspaper last week drew yet again, unnecessary attention on the Police Force. For the umpteenth time, the image of the force took another knock. Was it necessary to handcuff someone who voluntarily came to assist the police in their investigations? And she had yet to be charged.
On Sunday, Bernama quoted the Home Minister as saying that the government may review the standard operating procedure (SOP) concerning the arrest of persons surrendering to the Police.
Is this a Joker or a Joke?
Is there an SOP? The methodology for arrests is prescribed in the Criminal Procedure Code. Surely legislation supersedes any code or procedure.
Section 15 of the Criminal Procedure Code on making arrests states:
(1) In making an arrest the Police officer or other person making the same shall actually touch or confine the body of the person to be arrested unless there is a submission to the custody by word or action.
(2) If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest, such officer or other person may use all means necessary to effect the arrest.
So, there’s no compulsion and neither is it mandatory to use handcuffs when arresting someone. The exception being that the arresting officer is of the view that he or she is likely to escape. Here, the girl voluntarily went to the Police station and was treated like a convicted criminal. No one will complain if dangerous criminals or convicted felons are shackled, but when double standards are applied, the furore will be uncontrollable.
You don’t have to go to a Police station or court house to see such wanton discriminatory actions. Just look at the photographs in the newspapers and if there is a prefix to the name of the accused person, he may also be driven to the court house in his private chauffeur-driven SUV while the ordinary guy arrives in a Black Maria or a Police van.