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Showing posts with label Police. Show all posts
Showing posts with label Police. Show all posts

Sunday 25 September 2016

Vital to know your rights when get arrested; comments on social media not be a serious crime

Know the law: Citizens need to know how to react if approached or arrested by police.
http://clips.thestar.com.my.s3.amazonaws.com/Interactive/police/police.mp4

YOU wake up, read the latest news updates on your mobile phone, retweet some interesting comments, and post your own reactions. Just another ordinary day, right?

Wrong. If you are not careful, that retweet or comment might land you in legal hot water.

Former journalist Sidek Kamiso found himself in that predicament early last week when a band of plain-clothed policemen banged on his door at 4.40am to arrest him for an alleged Twitter insult. They had not only come for him at an ungodly hour but also reportedly jumped over the fence to forcefully nab him.

After checking their identification, Sidek had let them in, although they did not produce an arrest warrant. The police officers then searched the house, confiscating his phone and laptop before dragging him away in handcuffs to the police station.


The conduct of the police and the nature of that alleged offence notwithstanding, how many of us would have just opened the door when the intruders commanded, “We are the Police! Open the door!” and let them in?

Confirming the police officers’ identity first is extremely important, stresses Sevan Doraisamy, executive director of human rights advocate group Suara Rakyat Malaysia (Suaram).

Many Malaysians are too quick to obey whatever the police tell them to do without first confirming the officers’ identity, says Sevan.

“We always advise the public to ask the police to identify themselves and show their identity card when they are stopped on the street by someone who claims to be the police or when the police go to their house,” he adds, highlighting the public workshops on human rights and the police that Suaram has been holding for more than a decade.

It is normal for policemen on duty on the ground to be in plain clothes, which is why it is crucial to establish their identity.
Eric Paulsen (C) arriving at the lobby of Kuala Lumpur court to have his sedition charge read to him.AZHAR MAHFOF/The Star 06 Feb 2015
Eric Paulsen (C) arriving at the lobby of Kuala Lumpur court to have his sedition charge read to him.AZHAR MAHFOF/The Star 06 Feb 2015 The laws like the CPC and IGP’s Standing Order clearly protects a person’s fundamental liberties, but they are also general. - Eric Paulsen

Senior level police officers, from the rank of Inspector and above, carry blue IDs, while constables and below carry yellow cards. Reserve police carry white IDs while red is for suspended policemen.

According to Suaram, when making arrests, conducting raids, roadblocks or body searches, a police officer of at least the rank of Inspector (with a blue ID) must be present.

“You can also ask them which police station they are from and call it to verify the officers’ identity,” says Sevan.

Another safeguard against unlawful arrests or violations of a person’s civil rights is the police warrant.

The Inspector-General of Police (IGP) Tan Sri Khalid Abu Bakar has asserted that an arrest warrant was not necessary when the police arrested Sidek at his home in Petaling Jaya, as the alleged offence, over a tweet on the death of PAS spiritual leader Datuk Dr Haron Din, fell under the Communications and Multimedia Act (CMA) 1998.

“For this offence, a warrant is not needed. For offences under the (CMA) Act, there is no need for warrants. There is no need for a warrant to detain and no need for a warrant to search homes,” he reportedly said.

The local legal fraternity was quick to refute him.

According to lawyer Siti Kasim, who represented Sidek’s family, a warrant was necessary in his case as arrests made under the CMA generally requires a warrant.
Universiti Sains Malaysia’s (USM) Research Team on Crime and Policing head Assoc Prof Dr P. Sundramoorthy. (CHARLES MARIASOOSAY/ The Star/06/ March 2016).
Universiti Sains Malaysia’s (USM) Research Team on Crime and Policing head Assoc Prof Dr P. Sundramoorthy. (CHARLES MARIASOOSAY/ The Star/06/ March 2016). 'Police personnel who violate criminal laws and other regulations will have to face the consequences'.

Lawyer Syahredzan Johan concurred, explaining that although the police have general powers to make arrests without warrants, they can only do so for offences that are listed as seizable offences under the Criminal Procedure Code (CPC), namely those carrying the maximum jail sentence of three years and above.

But for offences under the CMA which carry a maximum jail term of one year, the police would need a warrant when making arrests, he reportedly said.

Conceding that the details of the law might be beyond a layman’s grasp, Sevan advises members of the public to always demand for a warrant when they are being arrested.

What is important, he adds, is that any arrest can only be made after adequate investigation has been conducted on a case.

“You cannot be arrested if you are a witness or just to assist the police in an investigation.

“Always ask if you are being arrested, and for what charge or under what Act. There is no harm in also asking for the warrant,” he notes, adding that in any CMA case, the investigation should first be conducted by the country’s Internet regulator, the Malaysian Communications and Multimedia Commission (MCMC), before any police arrest.

And just like in the American cop movies and television series, when we are arrested in Malaysia, our fundamental rights are guaranteed, as stipulated under the Federal Constitution, the amended CPC and the IGP’s Standing Order on Arrest, says Sevan.

Just don’t expect to be read the Miranda Rights, those words many of us have grown up hearing on the telly: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”

Still, as stated on the Malaysian Bar website, our right to remain silent and refuse to answer any questions when arrested is guaranteed by the Federal Constitution.

Under the Constitution, a person also has a fundamental right to be informed of the grounds of his arrest as soon as possible, as well as a right to consult and be defended by a legal practitioner of his choice.

These rights are clearly spelt out and reiterated under Section 28A of the CPC which came into force in September 2007: An arrested person has the right to be informed as soon as may be the grounds for this arrest; to contact a legal practitioner of his choice within 24 hours from the time of his arrest; to communicate with a relative or friend of his with regards to his whereabouts within 24 hours from the time of his arrest; and the right to consult with his lawyer and the lawyer is allowed to be present and to meet the arrested person at the place of detention before the police commences any form of questioning or recording of any statement from the person arrested.
SEVAN DORAISAMY TAMAN SRI CHERAS HOUSING PROJECT ABANDONED COORDINATOR
SEVAN DORAISAMY TAMAN SRI CHERAS HOUSING PROJECT ABANDONED COORDINATOR 'Ask if you are being arrested, and for what charge or under what Act. There is no harm in also asking for the warrant'. - Sevan Doraisamy

“We always advise those arrested to remain silent in order not to unknowingly incriminate themselves or be forced to make a confession. You can also say, ‘Saya jawab di mahkamah.’ (I’ll answer or say it in court),” Sevan notes.

As for family members, he advises them to get the name of the police station that the arresting police officers are from and are taking their loved one to.

At the police station, he adds, they need to get the name of the Investigating Officer (IO) of the case and his or her contact details.

“The good thing now is that the police’ public communications have greatly improved, and the IO will usually give out their handphone numbers to the family members,” he says, commending Sidek and his wife, Norlin Wan Musa, who is also a former journalist, for knowing and exercising their rights when the police took Sidek to the Johor Baru police station without informing her, and when they allegedly intimidated her and tried to harass their children.

Unfortunately, says Sevan, many Malaysians don’t know their rights when they get arrested, making it easy for errant police officers to intimidate them or abuse their rights.

Lawyers for Liberty executive director Eric Paulsen concurs, stressing that the police also need to act responsibly and reasonably, in accordance to their Standard Operating Procedure when conducting an arrest.

“The laws like the CPC and IGP’s Standing Order clearly protects a person’s fundamental liberties, but they are also general, especially in their wording.

“They were drafted with the expectation that the police would act reasonably and without bias in accordance to their SOP,” he says, describing the police conduct in the arrest of Sidek and two others in relation to the “Twitter insult” as excessive and an abuse of police powers.

Human Rights Commission of Malaysia (Suhakam) chief Tan Sri Razali Ismail urges the police to defend civil liberties in Malaysia rather than repress the exercise of human rights.

“In essence, the police should be the face of human rights, and not a face of intimidation, even as the police needs to be the bulwark of the country’s security. Regulations are being promulgated in a sweeping fashion that will have the effect of threatening democratic practice and undermine the fundamental liberties enshrined in the Federal Constitution,” he had reiterated in his speech at the Malaysian Bar’s International Law Conference in Kuala Lumpur last week.

Khalid has given assurances that the police are subject to the laws and regulations enshrined in the Constitution.

“If we flout the laws, action will be taken against us. We are also subjected to the laws and regulations under the Constitution. So are the Members of Parliament,” he told a press conference after a dialogue with Universiti Utara Malaysia students in Sintok, Kedah, on the role of undergraduates in overcoming national security threats.

Universiti Sains Malaysia criminologist, Assoc Prof Dr P. Sundramoorthy agrees that nobody should be above the law, especially the police.

“Police personnel who violate criminal laws and other regulations will have to face the consequences. Everyone who gets arrested has equal rights under the Federal Constitution and the CPC, irrespective of the nature of the case, so the police and the prosecution need to adhere to the law without bias. If they did not follow the SOP that is clearly spelt out then they should have to face the legal consequences, ”he says.

Critically, he adds, it is important for the general public to be aware of the laws of the land and their rights.

“Especially now that social media is an integral and pervasive part of our day-to-day lives. People need to be aware of the law – you make choices in life and you need to face their consequences.

“Similarly, you make your choice of tweeting and retweeting something or posting anything and making comments on social media, so you will have to bear the consequences.”

And as Dr Sundramoorthy puts it bluntly, “If you are so good at using social media, you should also be able to source the relevant information on the law and your civil rights online.

“If you are an expert on social media, you should be able to Google the dos and don’ts of when you are arrested, from the Malaysia Bar website and other civil society groups.”

By Hariati Azizan The Star/Asia News Network

KNOW YOUR RIGHTS


When Police stop you on the street

■ If cop not in uniform, ask to see his/her Police authority card. Note cop’s name and Police authority card number.
■ If cop in uniform, note cop’s name and ID on uniform, and number plate of vehicle.

When Police question you on the street
■ Only give your name, ID card number and address.
■ Politely ask, “Am I under arrest?”. You can walk away if you are not under arrest.

When Police call you for questioning to help in investigation

■ If the place and time is convenient for you, cooperate. Important: Police cannot arrest you if you are a witness.
■ If not, you can negotiate for a more convenient time and place with Police.

When Police arrest you

■ Ask why you are under arrest.
■ Ask which Police Station they are taking you to.
■ You have the right to telephone:* i) Your relative or friend ii) A lawyer or a nearby Legal Aid Centre (LAC)
► Inform them: - you have been arrested; - the time, place and reason of the arrest; - the Police Station you will be taken to.  

In police raids and searches

■ Demand for a warrant – raids without warrant are usually done when Police believe their suspect is in the building, stolen goods are hidden in the premises or some criminal activity is going on there.

After arrest and during detention

You may be detained up to 24 hours at the Police Station, or in a lock-up to “assist” police investigation.

YOUR BASIC RIGHTS WHEN UNDER ARREST


Right to remain silent
The Federal Constitution gives you the right to remain silent when questioned.

Right to counsel
 - Under Article 5(3) of the Federal Constitution, an arrested person also has the right “to consult and be defended by a legal practitioner of his choice”.
- Section 28A of Criminal Procedure Code, which came into force in 2007, also gives an arrested person the right to consult a lawyer.
- The Police must accord you reasonable facilities and a reasonable time period to meet and consult your lawyer. This right can be denied if the delay in questioning you may cause the occurrence of another crime or cause danger to others.

Right to clothing You are allowed to have one set of clothing with you in the lock-up.

Right to personal belongings
The Police must record and put all your personal belongings in safe custody. Your personal belongings must be returned to you upon your release.

Right to welfare - You are allowed to take a bath two times a day. If you are sick, you have the right to receive immediate medical attention. - You are to be given proper and adequate food and water during detention.

The Police may only detain you for up to 24 hours for investigation.
It is the Police’s duty to complete their investigations within 24 hours and release you as soon as possible. Failing that, the Police must bring you before a Magistrate for a remand order to extend your detention beyond 24 hours (Remand Order).


For more information, check out the Malaysian Bar's Redbook pamphlet at http://bit.ly/KBZhlw

Source: The Malaysian Bar, Suaram

Making comments on social media should not be a serious crime, says don


TWO years ago, a 17-year-old boy was investigated for sedition when he “liked” a pro-Israel Facebook post. When questioned by the police, the student had explained that he had accidentally clicked “like” for the post that read “I love Israel” and featured a picture of the Jewish state’s flag.

We will see more and more “insensitive” and “ill-advised” online postings like this – either done intentionally or not – with the Internet and social media growing as an integral and pervasive part of our daily life, says Universiti Sains Malaysia criminologist, Assoc Prof Dr P. Sundramoorthy.

“We have seen this trend of ‘slanderous’, ‘defamatory’ and ‘insensitive’ remarks constantly being made by all segments of society. It is not limited to people in leadership positions or prominence, ordinary people are also making these comments, including the young.”

As he sees it, stopping people from expressing themselves when they have access to these channels will be impossible.

“We can’t stop people from using the Internet and social media, and many will use them without thinking of the consequences. The question is where do you draw the line for freedom of expression?” he poses.

“For the proponents of absolute freedom of expression, they will say it’s the right of the people to express themselves.

“People who are against absolute freedom of expression will say that this freedom will create chaos, disharmony and trouble in general, and they will prefer some sort of censorship.”

The issue was thrust under the spotlight again recently with the arrest of three people under the Communications and Multimedia Act (CMA) 1998 for their Twitter comments over the death of PAS spiritual adviser Datuk Dr Haron Din.

This time around, the glare was on the police conduct during the arrests – the police had allegedly trespassed into the compound of former journalist Sidek Kamiso’s house in the wee hours of the night to arrest him for his tweet, traumatising his wife and children. The police had also allegedly searched his house without a warrant while denying him his right to contact his family and lawyer after his arrest.

While he believes that it depends on the laws of the land, Dr Sundramoorthy feels that social media boo-boos should not be treated as a crime per se.

“Granted, there are limitations on the subject matters that we can comment on as they can create racial or religious disharmony and other types of conflict among citizens here, but we need to take a reasonable approach towards it.”

Suara Rakyat Malaysia (Suaram) executive director Sevan Doraisamy frankly describes the police action towards Sidek as “excessive and a waste of resources”.

He says many of the CMA cases undertaken by the police do not meet the criteria of hate speech and dangerous speech to justify arrests or prosecution. In fact, he stresses, the cases are a “severe threat” to freedom of expression.

“If you ask me, ‘insensitive comments’ should not be an arrestable crime. It is also unacceptable that just because of one or two incidences of inadvisable comments, the Government should curb the freedom of expression of everyone.”

He points out that CMA cases can be investigated without physical detention. “If the police receive reports on alleged insensitive comments, they should not waste their resources to arrest the people, they can just call them in to give their statement.

“And the top officers do not need to get involved, especially when there are more serious crimes and security issues in the country – for instance, we have hundreds of people still missing from unsolved abduction and kidnapping cases,” he says. “Crucially, there is no need for those detained in Petaling Jaya to be taken to Johor Baru for investigations, for example, as it is a waste of public resources.”

Sevan, however, concedes that Malaysians need to be more responsible when using social media.

“It should not be a crime – people have a right to express themselves – but they need to be responsible about what they post or comment on.

“While they continue to assert their freedom of expression, people should also realise that they don’t need to comment on everything and anything, especially if they know that it might lead to slander or instigate something. We are still living in a sensitive society entrenched in racial and communal politics. You don’t want to get caught in the middle of it,” he says.

Denying that they are making light of hate speech, Lawyers for Liberty executive director Eric Paulsen contends that the Government and Malaysian authorities need to come to terms with social media.

“Nobody is saying that the Internet and social media should be free for all – if someone promotes hate or threatens someone with murder or rape online, or if they are cyber terrorists, then police should take action against them. But they need to be fair, and the legal action should be proportionate.

“We should not prosecute someone for a mere comment – no matter how unsavoury or insulting we think it is. Without any serious element of hate speech or real element of incitement to violence or harm it should not be a crime.”

Paulsen also believes that the police conduct in the arrest of Sidek was excessive, calling it “overkill”.

Declining to comment on whether there is a need to review the CMA or enforce a hate speech law, Paulsen says what is needed is a review of police policies.

“What are their priorities in crime fighting? What constitutes serious crime for the police? Anywhere in the world, corruption, criminal breach of trust, robbery and murder are traditionally considered the serious crimes and resources are channelled towards fighting them. Unfortunately in Malaysia, a lot of our resources are wasted on frivolous cases like this.” - The Star

Sunday 4 May 2014

‘Panther 911’ : Digistar is bullish on new central monitoring system (CMS)

Digistar chairman Tan Sri Mohd Zaman Khan (left), Inspector -Gener al of Police Tan Sri Khalid Abu Bakar and Lee during Pan ther 911’s official launching on April 25, 2014.

Information and communications technology (ICT) and property company Digistar Corp Bhd is bullish about the prospects of its newly-launched central monitoring system (CMS) called ‘Panther 911’.

Chief executive officer Datuk Wira Lee Wah Chong says the company targets 100,000 users for its hi-tech product in the first year.

A CMS is security-based system that includes aspects such as CCTV monitoring and alarms.

Digistar’s medium term goal is to secure a subscription base of 500,000 for its CMS in five years.

“The margins are good, about 20% to 30%. And this would be reflected from our current financial year (ending September 30, 2014) onwards,” he tells StarBizWeek.

“The first year may be slower than what we target but once our CMS gains visibility in the market, we expect a jump in take-up rate among business owners and individuals,” Lee says.

Digistar had spent RM5mil over the past two years to develop the CMS.

The company intends to use a multi-level marketing strategy to push the product into the market. “To incentivise the sales staff, they will get monthly a commission of 5% from the subscriptions they secure.”

In addition, the police force is also looking at the installation of closed-circuit television (CCTV) cameras at resorts and islands off Sabah’s east coast.

Last week, the police was reported to have asked Digistar to send them a proposal on installing the ‘Panther 911’ security system in Sabah.

The Inspector-General of Police Tan Sri Khalid Abu Bakar said to have the system linked directly to police stations would help security forces respond faster.

Khalid said the Eastern Sabah Security Command (Esscom) was planning to place security teams at 11 private resorts and islands that were the furthest away from Semporna and Lahad Datu. This was in light of recent killing and kidnapping events highlighted in the news.

If successful in this tie-up with the police, it would be Digistar’s first collaboration with the public sector for its CMS business. Right now, its target is on the mass market and commercial buildings.

Entering the Sabah market would not come as a surprise as Lee has always wanted to expand into Sabah and Sarawak.

That would be the second phase of Digistar’s security system business and the company estimates another RM5mil of investments for the expansion in the next two years. However, Lee notes that there needs to be better Internet connectivity in order for Internet-based surveillance systems to thrive in the country.

Digistar has a few competitors in the local CMS space.

But it seeks to differentiate itself by the attractive features of its system.

Digistar’s Panther 911 CMS system offers 24-hour monitoring services via an internet protocol-based platform. It can switch to run on 3G, 4G and LTE networks during power disruptions.

Banking on property sector

Lee says the company has plans to be among the top 100 companies in Malaysia in terms of market capitalisation in the next five years.

To do that, Lee says the company needs to further expand its property business. For Lee, property is Digistar’s next phase of growth as he opined that the growth trajectory for an ICT company has its boundaries.

“We are still focused on our ICT business but to achieve bigger goals, we will expand our property division,” he says. “We are looking for pockets of land around the Klang Valley now for small scale projects.”

Digistar already has a serviced apartment project in Malacca called The Heritage, with a gross development value of RM150mil. It is already 70% sold and is targeted to be opened this November.

Lee says the company intends to rent out the remaining 30% of apartments for recurring income.

“We plan to rent out like a hotel.

“The project will be a ‘condotel’, a combination of condominium and hotel,” he says.

Digistar is already speaking to hospitality partners to rope in for the management of the hotel component at The Heritage.

The company has also a 15-year concession for the construction and asset management of the Malaysian National Technology Advancement Centre in Alor Gajah, Malacca.

The project is a tie-up with the Works Ministry for the minstry to carry out training programmes for engineers and architects.

Its concession consists of RM174mil for the construction of facilities and infrastructure, and RM66mil for the provision of ICT and lab equipment.

Lee says the margins for this project would likely be in the double-digit range as well.

Digistar is also in talks to develop its telecommunications segment as it owns three individual licenses from the Malaysian Communications and Multimedia Commission to provide network and facilities services for five years.

Lee says discussions are on-going and declined to reveal any details.

All these efforts, says Lee, are aimed at steering the company back into profitability.

For the 2013 financial year (FY13), Digistar made a net loss of RM11mil compared to a profit of RM6mil in FY12.

The company had said that the loss was due to a higher operating cost, commencement of projects where revenue was yet to be recognised as well as the business expansion for its CMS and telecommunications divisions. Lee reckons that Digistar’s CMS as well as other initivatives would help turnaround the company and generate long-term recurring income.


Thursday 14 November 2013

Malaysian Crime Awareness Campaign

 
The woman kneeing the ‘robber’ in the stomach as seen from a video grab.

 PETALING JAYA: Many would be disappointed to find out that the viral video of a woman putting up a brave fight against snatch thieves in her house compound was, in fact, a mere re-enactment.

The video, which was shared on the Malaysian Crime Awareness Campaign’s Facebook page, clearly states that the video was a re-enactment for educational purposes.

The one-minute video showed a woman parking her car in her house porch, while a motorcycle is seen observing the car as she drives in.

As the woman gets out of her car, the pillion rider gets off the motorcycle and slips into the house compound just before the gate shuts.

He then proceeds to snatch her handbag, but the woman tries to cling on to it. Unable to do so, she retaliates and springs into action, kneeing the robber in the stomach and kicking him to the ground.

She then starts pounding on the man until his accomplice comes to his aid by threatening her with a knife.

She flees into the safety of her house as the crooks left after their failed attempt to rob the woman.

Several users commented on the video which was uploaded on YouTube, including Suraya Khan, who posted: “I salute this girl and wish to react like her in the same situation!”

Related:

1.Crime Awareness Day campaign:

 

2 Malaysian Crime Awareness Campaign | Facebook

3."Bangsar Village Kidnapping - Simple Self Protection Tips For Malaysian Crime Awareness Campaign":
 
Related post: 
MyDistress application

Monday 15 August 2011

UK Riots: Lessons to be learned; Role for US crime guru?





Lessons to be learned

Comment by LOURDES CHARLES

The perceived police inaction during the riots in Britain has shone a light on our own cops' response to protests here.

ANY Malaysian watching the riots in London and other cities in England must have asked what were the British police doing? Why did they restrain themselves? So much so, that people around the globe were wondering how the hooligans were allowed to carry out such criminal acts of looting, robbery and assault.

In some scenes, the police were seen retreating and reports estimate that no fewer than 100 policemen were injured and at least five police dogs hurt by these thugs.

The authorities there did practically nothing, allowing the yobs and rioters to set fire to shops,  supermarkets and other business outlets, while others looted, assaulted and robbed passers-by.

No water cannons were used nor were there mass arrests made during the incident.

Only after four days did the police there act by deploying 16,000 personnel to patrol the streets in their bid to maintain law and order. They have arrested more than 1,000 people but not before three people were killed with losses amounting to millions of pounds.

These young criminals may have issues with unemployment and a sense of hopelessness in England where inflation, slow growth and budget cuts have hurt them but that is no excuse for their acts of violence.

Only the most diehard bleeding liberals would want to blame the system for the criminal acts of these opportunists.



Their targets, as we saw, were ironically the neighbourhood shops people they knew and small businesses that have provided jobs to the people.

To smash, loot and burn these shops is hard to comprehend.

One looter was even quoted as saying: “It's us versus them, the police and the system.”

“They call it looting and criminality. It's not that. There's a real hatred towards the system,” he said.

The British riots have generated a debate with the social media here comparing the police's handling of the looting and arson there and the Malaysian police's action over the Bersih 2.0 protest, where water cannons and tear-gas were used.

More than 1,000 people were arrested here amid allegations of police brutality. The roadblocks set up ahead of the rally also led to public complaints.

Some said it was unfair to link the British riots with Bersih 2.0, as there was no damage to public property in Kuala Lumpur. To make comparisons, the argument goes, would not be fair.

Police operations in any part of the world would always be subject to scrutiny, as civil society becomes a crucial part of a growing democracy.

From discussions on British TV, the sentiment is that the police did not want to be too robust in confronting the rioters for fear of being criticised, as has happened in the past.

Many were worried that their superiors would not back them if there was a public backlash. No policeman would want to risk losing his position and pension over such controversies. They have the power and authority but feared exercising them.

Civil lawsuits against the police by aggrieved parties, including burglars, are a norm there.

Even now London police are bracing themselves for another possible suit by some 5,000 demonstrators who took part during the G20 protests in April 2009 in the now infamous “kettling” case.

The demonstrators may sue Scotland Yard for false imprisonment as judges found that the mass detention (preventing them from nearing the summit area) for five hours was an unlawful deprivation of liberty under Article 5 of the European Convention on Human Rights.

Human rights are so stringent there that even a suspected burglar who was chased by a police dog and bitten is said to be suing the police. Never mind that the stolen loot was found on him and he was charged with burglary.

He is expected to be compensated with about 50,000 (RM245,000) for his injuries.

Some of us here would cry out that it is a case of excessive democracy and abuse of human rights. Demonstrators have their rights to protest but those who suffer losses have their rights, too. So it came as no surprise that the public in Britain is outraged at the response to the rioters.

Deputy Prime Minister Nick Clegg and London mayor Boris Johnson were filmed on television being scolded by the public for the slow action against the yobs, the British term for hooligans.

Most of us must have been outraged to see how the young criminals taunt the policemen while openly breaking into shops. We would have expected immediate arrests, not days after the looting.

There is also a lesson which the British policemen as well as the PDRM can learn from this episode. Social media was used extensively in the riots. Young people knew in advance where people could gather to make trouble via Twitter and Blackberry Messenger but the police were unaware of it.

They were so clueless that many wondered why the police did not show up in potentially explosive areas.

There seems to be a shift in public opinion since the recent anarchy following a series of seemingly peaceful protests which turned violent such as the G20 in April 2009 as well as the Nov 10, 2010 student fees protest where open clashes took place in the streets of central London. Now they want their police to be more assertive in carrying out their duties.

Even Prime Minister David Cameron has now told the police that they should adopt a more robust approach and has given them the green light to use water cannons and rubber bullets to quell the rioters.

The British incident serves as a lesson for us here. Preventive measures are good and though we sometimes criticise what is termed as highhanded action by the police, at least the cops here are doing a decent job in keeping law and order.


Britain's top cop slams UK role for US crime guru

LONDON (AP) - Tensions between Britain's government and police leaders flared Saturday over Prime Minister David Cameron's recruitment of a veteran American police commander to advise him on how to combat gangs and prevent a repeat of the past week's riots.

The criticism, led by Association of Chief Police Officers leader Sir Hugh Orde, underscored deep tensions between police and Cameron's coalition government over who was most to blame for the failure to stop the four-day rioting that raged in parts of London and other English cities until Wednesday.

Cameron criticized police tactics as too timid and announced he would seek policy guidance from William Bratton, former commander of police forces in Boston, New York and Los Angeles. British police have branded the move misguided and an insult to their professionalism.

"I am not sure I want to learn about gangs from an area of America that has 400 of them," Orde said of Los Angeles, which the 63-year-old Bratton oversaw until 2009.

"It seems to me, if you've got 400 gangs, then you're not being very effective. If you look at the style of policing in the states, and their levels of violence, they are fundamentally different from here," said Orde, a former commander of Northern Ireland's police and deputy commander of London's Metropolitan Police. Orde made his comments to the Independent on Sunday newspaper.

The riots row overshadowed a day of peace on England's streets and continued progress in processing more than 2,100 riot suspects arrested so far, mostly in London, in unprecedented round-the-clock court sessions.

In England's second-largest city of Birmingham, prosecutors charged two males with the murder of three men in a hit-and-run attack Wednesday, the deadliest event during the past week's urban mayhem.

Both males - identified as Joshua Donald, 26, and a 17-year-old whose name was withheld because of his juvenile status - were being arraigned Sunday at Birmingham Magistrates Court on three counts each of murder.

The breakthrough by a team of 70 detectives came less than four days after Haroon Jahan, 20, and brothers Shazad Ali, 30, and Abdul Musavir, 31, were mortally wounded when a car struck them at high speed. The trio had been part of a larger group standing guard in front of a row of Pakistani-owned shops.

The killings threatened to ignite clashes between the area's South Asian and black gangs, but the father of Haroon Jahan made a series of impressively composed public statements in the hours after his son's death pleading for forgiveness, racial harmony and no retaliation.

Hours before Saturday's murder charges were announced, the father, Tariq Jahan, told journalists at a Birmingham news conference he had received thousands of letters from well-wishers worldwide.

"I would like to thank the community, especially the young people, for listening to what I have to say and staying calm," said Jahan, 46, a delivery driver for an electronics chain.

Police in London were continuing to interrogate several suspects linked to the riots' two other killings: of a 26-year-old man shot to death in a car after a high-speed chase involving a rival group of men, and a 68-year-old loner who was beaten to death after arguing with rioters and trying to extinguish a fire they had set.

England's forces of law and order have been on the defensive over their slow initial response to riots that rapidly spread Aug. 6 from the north London district of Tottenham to several London flashpoints and, eventually, to Birmingham, Manchester, Nottingham and other cities with high gang activity.

But police leaders mounted a series of critical interviews Saturday underscoring their view that Cameron was jumping the gun by seeking foreign advice at a time when his debt-hit government was pressing ahead with plans to cut police budgets by 20 percent.

Leaders of the police unions in London and the northwest city of Manchester - which dealt relatively harshly with rioters and quelled trouble there in one night - stressed that Cameron needed to listen to their expertise first, rather than seek to apply lessons from America's better-armed, more aggressive approach to policing.

"America polices by force. We don't want to do that in this country," said Paul Deller of the Metropolitan Police Federation, which represents more than 30,000 officers in the British capital.

Deller, a 25-year Met officer, accused the government of not being serious about following Bratton's recipe for reducing crime.

"When Mr. Bratton was in New York and Los Angeles, the first thing he did was to increase the number of police on the street, whereas we've got a government that wants to do exactly the opposite," he said, warning that planned budget cuts would mean 2,000 officers lose their jobs in London and thousands more nationwide.

Ian Hanson, chairman of the federation's Manchester branch, said local officers knew better how to police their own communities than "someone who lives 5,000 miles away."

Results of an opinion poll published Sunday suggested stronger public support for the police than for Cameron's approach to the crisis.

The poll, commissioned jointly by British newspapers Sunday Mirror and the Independent on Sunday, found that 61 percent thought Cameron and his Cabinet colleagues were too slow to end their foreign summer holidays following last weekend's outbreak of violence. Cameron returned to London from his break in Italy's Tuscany region Tuesday, after almost all of the London rioting had passed.

And strong majorities backed greater support and resources for the police, calling for planned budget cuts to be put on hold. About 65 percent said British troops should be used to reinforce police in event of future riots, while even heavier majorities said police should be permitted to use water cannon and plastic bullets against rioters and impose curfews on unruly communities. All of those measures have been used to control street violence in the British territory of Northern Ireland but never in Britain itself.

The survey of 2,008 people, conducted Tuesday and Wednesday, had an error margin of 3 percentage points.

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