FAC News - Wednesday, June 12, 2002 10:52 AM

Policing Should Not Conflict With Human Rights, Says Abu Talib

Policing can and should be a positive factor in the protection of human rights and when carried out effectively, lawfully and humanely there need be no conflict between human rights and law enforcement, said Human Rights Commission of Malaysia (Suhakam) newly appointed chairman Tan Sri Abu Talib Othman Tuesday.

"Nevertheless, as a body of people vested with vast range of power, including power of arrest, use of force and the power to detain, the police can inadvertently be seen as violators or potential violators of laws expressing human rights standards," he said.

He said this in his keynote address at a human rights workshop organised by Suhakam for senior police officers at the Police Senior Officers Training Centre in Cheras, here.

He said this aspect of the relationship between human rights and policing must be addressed in any police training as law enforcement and the administration of justice impinges directly upon civil and political rights of the people.

Abu Talib said it was essential that law enforcement officers gain awareness of both, international human rights standards as well as national legal provisions protecting human rights.

"Whether human rights standards are seen as restraints on policing or as benefits which can be enjoyed through policing, it is essential that the police be aware of those standards," he added.

He said the role of the police in protecting human rights is crucial, since police operate at the very juncture in society where the maintenance of peace, order and stability must be reconciled with the protection of individual and collective rights and freedoms.

He said illegal and inhumane policing may lead to a denial of socio-economic and cultural rights of the people who are being subjected to such treatments.

"Given the nature and purpose of the role of the police, the impact of policing on civil and political rights is considerable, and much more immediately apparent. Policing is a powerful and essential factor in the protection and promotion of civil and political rights," he said.

He said in so far as political rights are concerned, the police could play a crucial role as facilitators for the realisation of those rights, irrespective of whether they are expressed political rights, the right to freedom of thought, conscience and religion, the right to freedom of opinion and expression and the right for peaceful assembly.

"The right to peaceful assembly, for instance, although at times seems to be controversial, is a basic human right and must be given due recognition.

"In Malaysia the right to assemble peacefully and without arms is clearly provided in the Federal Constitution, subject to restrictions imposed by laws which Parliament deems necessary in the interest of national security or public order," said Abu Talib, a former Attorney-General.

He said Suhakam is of the view that peaceful assemblies do not necessarily disrupt peace and stability or cause any public disorder.

He said it had been argued that the use of force by the police in the area of policing was intrinsically wrong, because it conflicts with the ethics of duty.

"However from a different standpoint, it may be seen as a moral obligation for police officers to protect life and preserve order, which often requires the potential for force or actual deployment," Abu Talib said.

He also called on the police to treat detainees in a humane manner and in accordance with the provisions of the law, which grants them the basic human rights in detention.

Humane treatment of detainees, he said was required not only for basic humanitarian reasons but also to ensure ill treatment does not lead to the miscarriage of justice.

He said it was important that law enforcement officers and agencies carry out their functions fairly and with full respect for human rights and failure to do so would draw severe criticisms of the international as well as local communities.

-- BERNAMA