The Human Rights Commission of Malaysia (Suhakam) public inquiry into alleged human rights violations at Taiping Prison took a dramatic turn today when a prison official suggested that an officer may have been justified in hitting inmates due to provocation.
Dzulizwar Bakir admitted there was no justification for his aggressive actions towards the prisoners on Jan 17, but revealed he had lost control after harsh and insulting words, including threats of rape against his family, were allegedly hurled at him. He admitted to using excessive force during the transfer of inmates from Hall B to Block E on the said day.
Dzulizwar, a sergeant who has served at Taiping Prison for 22 years, told Prison Department representative Amira Abdul Razak that many prisoners, particularly those returning from the Batu Gajah Correctional Facility, were defiant.
Amira: Did you know about an incident involving an officer arguing with inmates?
Dzulizwar: No, I am unaware.
Amira: Can I say inmates don’t usually follow instructions?
Dzulizwar: Correct.
Amira: Viewing the closed-circuit television (CCTV) footage earlier regarding the beatings, you were asked if there was any justification for your actions, and you agreed there was none. But when someone you don’t know suddenly insults you and threatens to rape your wife and children, how would you feel? If you were off duty, how would you react?
Dzulizwar: I would use whatever I have to defend myself.
At this point, Suhakam chairman Datuk Seri Mohd Hishamudin Md Yunus, who is sitting on the panel of inquiry with Dr Farah Nini Dusuki, interjected.
Mohd Hishamudin: Are you saying it is justified to hit someone?
Amira: I’m saying there were abusive words and the inmates made threats. Logically, we cannot control emotions.
Mohd Hishamudin: So, you are saying it is logical for him to act in this manner?
Amira: When his patience is tested.
Mohd Hishamudin: So, if he is outside, is it right to use force on someone just because he was provoked? Isn’t it against the law?
Amira: It is not right, but it is the reality. I want the officer to see that when he said he had no justification, he said yes. But if his patience is tested, I want him to confirm whether it is justified to use excessive force.
Mohd Hishamudin: I don’t see the relevance in this line of questioning.
Earlier, Mohd Hishamudin had cautioned Dzulizwar several times for giving contradictory answers.
Dzulizwar, who was stationed at the prison’s main entrance, had told Suhakam’s investigators on March 12 that he had not recorded anything in his pocket diary for a long time.
However, during today’s inquiry, he produced a pocket diary that showed entries between January and March this year. He claimed he had written the entries after meeting Suhakam on March 12. But the diary showed that one of his supervisors had signed off on the entries as early as Jan 24 and again on March 2, contradicting his earlier statement.
Mohd Hishamudin: Does this mean your earlier statement was false?
Dzulizwar: Yes.
On Jan 25, Twentytwo13 reported that inmate Gan Chin Eng, 62, had died from abdominal injuries caused by blunt trauma during the Jan 17 incident. He was among 104 detainees transferred from the Batu Gajah Correctional Facility to Taiping Prison on Jan 16.
The inquiry continues.