Special Panel into Aminulrasyid’s death is not grounded in law and legal procedure and is a diversion and public relations exercise

We view with extreme concern the establishment of the Special Panel on Aminulrasyid’s killing as headed by Deputy Home Minister Datuk Abu Seman Yusup. The “special panel” is neither here nor there because there is no legal provision for such a panel. It is not a Royal Commission of Inquiry nor is it a Suhakam Inquiry where there are established laws and practices governing its powers, conduct and procedures.

It is therefore not surprising that the Deputy Home Minister has fumbled badly on what exactly are the terms of reference, purpose and powers of the Special Panel. He initially said that the Special Panel can neither inquire on its own nor make recommendations to the police. After much public criticism, he then said that the Special Panel is empowered to call up witnesses, to review the procedures involving the discharge of firearms and scrutinise the investigation papers of the police or Attorney-General’s Chambers. Where did the Special Panel get such powers?

Is Malaysia a country governed by laws and legal procedures or by political dictates and whims as seemingly exemplified by the conduct of the Deputy Home Minister and the Special Panel?

We are further shocked and appalled that the Special Panel has started its inquiry in the middle of last night without the presence of both the lawyers and the deceased family. It looked more like a public relations exercise rather than the beginning of a serious inquiry because if they were serious and transparent, the lawyers and family would have been involved. We have written to the Home Ministry on 3 May on behalf of the family requesting a meeting and stating our interest in the Special Panel’s work and yet to date, there has been no response.

There is also an additional concern that Abu Seman as the Deputy Home Minister should chair the Special Panel as obviously there is a conflict of interest as he is the Deputy Home Minister in charge of the police force.

The Government should stop covering for the police and immediately disband the Special Panel as it is clearly a diversion and a public relations exercise. We reiterate our calls for the Government to immediately establish a Royal Commission of Inquiry into Aminulrasyid’s killing, and in the wider interest of improving and safeguarding the competency, professionalism and accountability of the police force – the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) as recommended by the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police in 2005.
 

N. Surendran and Latheefa Koya
Lawyers for the family of Aminulrasyid
Lawyers for Liberty