[asia-apec 792] Statement on Police Brutality by Tian Chua

[Yap Swee Seng]

STATEMENT ON POLICE BRUTALITY 
(Translation from the original in Malay) 

1 October 1998 

Chua Tian Chang 


I arrived at Dataran Merdeka (Independence Square) at about 5.00 p.m. on
Monday, 28 September 1998. Traffic in the area was heavy as several
Federal Reserve Unit (FRU) trucks were parked along the road. There were
also several groups of members of the public - some seated, others
standing - beside the fountain, the courthouse, and along the river.
Because of the large presence of the police and the FRU personnel, the
situation at the Dataran Merdeka was tense. 

When a helicopter began to circle overhead, the public responded with
cheers of "Boo!" Suddenly, there were shouts of "Reformasi!" from groups
of people beside the courthouse. Because I was at the Dataran, I did not
see who started the chanting. The cheers were well received by all who
were at the Dataran. Many clapped their hands and joined in the
chanting. 

After a few minutes, the FRU took their positions and advanced towards
the groups of people. One unit of FRU advanced from Jalan Tun Perak, and
another from the direction of the flagstaff. The members of 
the public who gathered in the centre (that is, between the Federal and
the Magistrate Courts) began to disperse in several directions before
the FRU arrived. At the time, I was standing on the iron bridge 
beside the courthouse. I saw OCPD Zainal Abidin appear with a
microphone. Because of the distance from him, I could not hear what he
said. Suddenly the FRU charged at the people beside the river. The 
people then ran towards the direction of the Central Market. 

>From the bridge I saw many people being chased and beaten. I followed
several journalists towards the direction of the FRU. Several metres
from the bridge I saw a group of people being beaten by the FRU. I went
closer to the side of the road so as to get a clearer view of the
incident. 

Suddenly, a Special Branch (SB) personnel (in plainclothes, with a
leather jacket) grabbed my hand and said, "Kau ikut saya!" (You, follow
me!). I tried to ask for his name and the reason for arresting me, but 
he grabbed my hand even harder. In my agony, I asked him to release me
but he responded by twistingmy hand behind my back and pushed me into a
(red) FRU truck that came towards our direction. I was pushed into the
truck. Several others who were arrested were also pushed inside. I
estimate that I was arrested at about 6.30 p.m. 

Immediately, I called the SUARAM office and informed my friends that I
had been arrested. Several minutes later, a FRU personnel by the name of
Kumar came up the truck and began to beat the person 
he had arrested. After that, another FRU personnel came into the truck
and also began beating and shouting to the person he had arrested. At
that moment, I again called my colleague at the office and recorded the
words of the FRU personnel. FRU Kumar realised I was recording their
violence and came in front of me and asked me to shut off the handphone.
I immediately mentioned their names: "FRU Kumar, FRU Zainuddin, ,T(B" to my
colleague on the other end of the phone..

Kumar became angry and started beating me with his baton. I was hit on
the shoulder, hand and leg. The beating caused serious pain in my
shoulders and on my leg. After that, my handphone was confiscated by the
FRU. In the truck, there were about 20 detainees. 

In the FRU truck, FRU Zainuddin collected our identity cards. The truck
was driven back to the riverside where tens of other detainees had been
gathered. Perhaps realizing his error, FRU Zainuddin returned my
handphone. Once again I called SUARAM. This time, several SB and police
personnel began to threaten me. A Chinese SB personnel tried to
interrogate me but I refused to answer. On finding out that I am an NGO
member, he and some others began to jeer and insult me continuously. 

After about half an hour - I estimate around 7.30 or 8.00 p.m. I,
together with about 25 other detainees, was placed in a blue police
truck and brought to the Selangor Police Contingent Headquarters (IPK) 
in Bukit Bintang. 

At the IPK, we were asked to sit in front of a row of desks. We were in
fact gathered and processed in the IPK car park. A group of police
officers were detailed to complete the investigation reports and Form
113. At the time, a journalist telephoned me. But before I could answer
the handphone, several SB personnel came towards me and tried to
confiscate the handphone. My hair was pulled and I was 
kicked in the back. But when I stood up and tried to ask who was the one
who did the violent act, no officer answered. 

While we were waiting our turn to give our Section 113 statements, the
police officers stopped threatening and scolding us. They then tried to
frighten the detainees into providing information. I 
tried to explain to the detainees that Form 113 needed only to be
answered voluntarily and that it was not compulsory for them to answer
any question that could incriminate oneself. This angered some of the
police officers. They then lashed harsh and insulting words at me. While
I was making my 113 
statement, a Malay officer who was not wearing his name tag, directed
racist remarks at me. He told an Indonesian detainee that he (the
detainee) should not listen to me because he should not take advice 
from the Chinese. He only stopped his racist harangue when I rebutted:
"You don't use racist remarks. She (I pointed to the Chinese officer who
was taking my 113 statement) is also Chinese." 

I also received a lot of threats from other officers. I do not remember
their names because it was dark in the car park. I also noticed that
many of the officers did not wear their nametags or badges. Those I can 
recall are Jagwant Singh, Rajen, Chia, and several other officers whom I
can recognise but am not sure of their names. 

That night, OCPD Zainal did not act in a professional manner. Not only
did he continue to threaten me, but he also tried to frighten me with
words like: "You are now under my custody. I can do anything to you!" 

The behaviour and words of the OCPD encouraged the other officers to
continue to direct harsh words at me. They used words like: "Orang
bodoh" (stupid person), "Lawyer buruk" (dirty/unscrupulous 
lawyer), "stupid" and others. I regarded all their behaviour to be
directed at exhibiting their power and to frighten the other detainees. 

Among us, were two detainees who were seriously injured. One was still
bleeding in the head while we were waiting to make our 113 statement. I
tried to ask the police to get him some medical attention, 
but they did not bother. (He was only sent to the clinic or hospital
after we arrived at the Jalan Campbell Police Station lock-up, where the
officers on duty there refused to receive the detainee in order to 
disavow any responsibility should anything untoward happen to the
detainee in the lock-up.) 

I estimate that at about 10.00 p.m., we were sent to the lock-up at the
Jalan Campbell Police Station.We (about 50 persons) were asked to sit in
the central open space in the lock-up complex (not in the cell), not
knowing what was to happen to us. When we entered the lock-up area, the
detainees in the cells began to clap and chant "Reformasi!" 

A SB officer (an Indian who was not wearing his nametag) who escorted us
got very angry at this and directed the officer in charge of the lock-up
to open a cell. He then pulled out a detainee by his 
hair and immediately started to kick and beat him. Even though I was
frightened, I could not put up with the sight of the SB's brutality. I
shouted: "Oi! Polis tidak boleh guna kekerasan!" (Oi! The Police 
cannot use force.) 

The Indian SB got very angry, and ran towards me (followed by a Malay
SB), pulled my hair and forced me to stand. While getting up, I said,
"Stop it!" He immediately boxed my stomach. Because of this 
force, I fell to the floor. The SB kicked me again. I was kicked in the
head and legs. The Malay SB followed suit and kicked my stomach. In my
severe pain, I grabbed his boot in an attempt to stop his 
violence. He kicked me again. 

After several minutes, I stood up and faced the Indian SB. I said, "You
try doing this again!" He boxed me again. I then challenged him: "You
wait until I go out!" 

After this, both SBs went away and left the lock-up. We waited in the
lock-up area until the lock-up officer began to release some of us in
turn from around 3.00 a.m. About 30 detainees were released 
on police bail that morning (30 September). About 20 other were still
detained. I was released on bail at 3.45 a.m. 

I felt pain in my left shoulder and left leg as a result of the beating
by FRU Kumar. My right hand (at the shoulder joint) also hurt as a
result of being forcefully twisted by the SB who arrested me. I cannot 
identify him as he was at my side and at the back of me when I was being
arrested. What I am sure is that he is a Malay. My chest and stomach
still hurts a lot as a result of the beating by the SB in 
the lock-up. 

I was examined by a doctor at Hospital Universiti on 30 September at
2.30 p.m. The medical report will be ready in two weeks. Even now, that
is after 36 hours, I still feel pain in several parts of my 
body. 

In making this report officially, I hope that immediate action will be
taken by those responsible so that there will be an end to the use of
violent force and the abuse of power in the police force. 


By: 
Chua Tian Chang (ID: 7175745)