Prime Minister Dr Mahathir Mohamad was not driven by any sense of outrage for what was done to Anwar Ibrahim when he announced the formation of a commission of inquiry to probe the injuries his former deputy suffered as a result of police brutality. He did not act because he was revolted that the instruments of law and order have become apparatus of violence for the state. He did not act because he was convinced that the government must be accountable to the people.

He acted because he finally succumbed to tremendous political pressure and an unprecedented outpouring of public anger that he could no longer ignore. He was pressured to act as a politician who was feeling the heat. "The sentiment is clearly boiling," he admitted at the press conference announcing the setting up of the commission of inquiry and a scaling down of exorbitant toll hikes, which had also provoked howls of protest.

If he was a reasonable and compassionate man, he would have immediately heeded the public outcry demanding an independent commission of inquiry after Anwar disclosed that police had brutalised him after his arrest. If Mahathir had acted earlier, the Malaysian nation would have known the truth and the identity of the despicable perpetrator(s) of this ghastly crime by now and those found guilty would have been charged with assault and battery. Still, it is better late than never - though Malaysians are in no mood to tolerate another long delay in establishing the truth. The commission's work should begin immediately.

That said, the appointment of Abu Talib brings back bad memories of the tragic consequences of the 1988 judicial crisis. That sad episode, unfortunately, according to many Malaysians, was the beginning of the growing erosion of confidence in the Malaysian judiciary. He was very closely associated with that sad saga, which rocked the very foundations of our system of justice and brought to the fore the fundamental question: will justice be done and be seen to be done without fear or favour?

Abu Talib is also remembered as the man who ordered the destruction of the incriminating Vijandran tapes and photographs, which saved the Mahathir administration from much embarrassment. With this unfortunate background, most Malaysians will find it difficult to accept him as a member of the commission of inquiry.

In any case, since the terms of reference for the commission have not been disclosed, Aliran proposes that:

• the commission should complete its work within two months;
• the hearings be conducted publicly and transparently;
• the final report be submitted to Parliament (and NOT to the Attorney General) and simultaneously released to the public. The Attorney General, who failed to shed any light into the assault in the four months available to him and sat on the special investigation team 's report for six weeks, should not having any part in the current investigation.

It is Aliran's hope and prayer that this commission will get to the bottom of the truth and nail the thugs and goons who assaulted Anwar and continue to masquerade as officers of law and order.

Aliran also proposes another independent commission to urgently look into the integrity and professionalism of the police force - in the light of complaints of police brutality and numerous instances of questionable conduct - and recommend reforms to restore public confidence in the police force as an institution. Such a commission should also examine the need for the Special Branch and its harsh methods of interrogation including its use of despicable 'turning over' and 'neutralising' methods.

P Ramakrishnan

President

28 January 1999