Arresting The Illegal Arrests
By Art Harun
In my article "Is the Malaysian Bar Pathetic?", I asked the question, "who polices our police?" This question is brought to the fore recently when the police arrested five legal aid lawyers who were trying to see their respective clients at the Brickfield Police Station.
The Scene
On the night of 7th May 2009, about 14 persons assembled in front of the Brickfield Police Station. They were apparently holding a candle light vigil for Wong Chin Huat who were earlier arrested for the grave offence of sedition by suggesting to the public to wear black. It was a peaceful assembly. No shouts. No screams. Just some harmless activists wearing black holding candles. They were arrested.
Some time after they were arrested, 5 young lawyers arrived at the police station asking to see their clients who were arrested earlier. Again. No shouts. No screams. Apart from the OCPD of course. Although he was within hearing distance from the lawyers, he had of course to use a loud hailer. The lawyers spoke softly. Nicely. They coaxed him. Pleaded with him. Even begged him.
The OCPD asked them to disperse because according to him, the lawyers were assembling illegally. (I must make a mental note to not go to the police station in future in a group of more than 3. Because under the law, that is illegal assembly. Never mind my intention.) The lawyers argued that they should be allowed to see their clients. They were told that their clients have signed a form saying that they have waived their right to see lawyers.
The 5 young lawyers – of which 4 were young girls and one man – asked to see the alleged waiver form. The police did not show them. (Event would show later that the police were lying as the arrested persons never signed any such form). Finally, the OCPD lost his cool. He ordered the arrest of the lawyers. The lawyers were then arrested.
The whole episode did not take place in Zimbabwe or Rhodesia during Ian Smith's time. It happened on the 7th of May 2009 at Brickfield Police Station. Watch exactly what happened at Malaysiakini.tv.
The Dungeon Treatment
Their statements were taken. They were made to wear the lock up suit. One of the girl was told that the lock up suit was not washed, for whatever reason. When they were being brought from one block to another, their hands were handcuffed. (Note: I think the police were mindful that drugs worth 1 million ringgit could disappear from their own store room and so they were just taking precaution to ensure that the lawyers did not disappear too).
The male lawyer were driven to another police station. In the car he asked where he was being driven to but the police officer said he did not know. Meanwhile, in the outside world, nobody, including his family, knew where he was! Efforts to locate him proved futile as family members and lawyers were given the normal run around from one station to another. He finally ended up at Taman Tun Ismail police station.
