Human rights lawyer P Uthayakumar today filed a civil suit against the police seeking a court declaration that his arrest and detention last month by two district police units were unconstitutional and done with malicious intent.

During a press conference at the Kuala Lumpur Civil High Court, Uthayakumar told reporters that he had applied for a declaration that the police had abused their powers in arresting and detaining him twice concurrently.

Among others, he asked for the court to find that "the arrest and detention of the plaintiff for 25 hours without a court order has violated Article 5(4) of the Federal Constitution" and that he had been subjected to "malicious prosecution".

In the suit, Uthayakumar named as defendants five police officers, the Royal Malaysian Police, the attorney-general and the government.

The lawyer, who is also the pro tem secretary-general of Parti Reformasi Insan Malaysia (Prim), was first arrested by Sepang police o­n Jan 16 for alleged "criminal intimidation" of a police officer handling an investigation into a death in custody.

He was released briefly the following day but rearrested and detained for several hours by Sentul police o­n similar charges.

Six deaths in three months

Meanwhile, Uthayakumar is also seeking damages from the defendants for "loss of reputation and loss of business as a result of the unlawful arrest", for the "stale charges" that were brought against him, and for "injured feelings/stress/distress/agony".

However, no amount was specified in the writ summons.

Lawyer M Manoharan ( photo ) who is representing Uthayakumar said his client will also be filing an application for the matter to be heard as soon as possible.

In his statement of claim, Uthayakumar said there was no cause for his arrest as he had been in contact with the police while representing the families of three former detainees who died while in police custody and three others who were killed during police shootouts.

"In the six weeks from June 21, 2002 to Aug 4, 2002, the plaintiff was appointed to represent cases in which three innocent youths were killed by agents/employees of the sixth defendant (the Royal Malaysian Police) while in custody.

"In the two weeks from Aug 28, 2002 to Sep 7, 2002, three other innocent persons were killed...when they were shot dead by a team of police sharp shooters carrying out a 'shoot to kill' policy," said the statement.

In addition, Uthayakumar said that the defendants had failed, refused, been careless and/or negligent in taking action in investigating 15 police reports and arresting the "criminals" responsible for causing the deaths.

'Sacrificial lamb'

Speaking to reporters, Uthayakumar said police had instead acted against him based o­n statements taken from selective reporters and police officers.

"Because of our monitoring (of police brutality cases), there has been a 95 percent drop of shooting-to-death cases and deaths in custody. However, I have to pay the price and be the sacrificial lamb.

"Shooting to death is a crime against humanity. I view this as the most serious violation of human rights...and will continue defending the rights of the people," he said.

Uthayakumar pointed out that he had also brought up several points of law to be determined by the courts, particularly those relating to citizens' rights when arrested by authorities.

"Each time someone is arrested, he should have a right to counsel. The police should have a warrant of arrest but they did not have o­ne when arresting me.

"I am also concerned with serial arrests and detentions. Section 117 of the Penal Code states that a person can be remanded for up to 15 days. But in the case of S Tharmarajen, the police remanded him for three times (consecutively), each time up to 15 days. Then they evoked the Emergency Ordinance to hold him.

"By right, the police should make all their investigations within just 15 days," he stressed.

Support by families

Uthayakumar said the court should also determine that the police should not be allowed to investigate cases lodged against them.

"When reports are lodged against the police, another panel should investigate. Otherwise, it will not be independent. A panel should be set up comprising Home Affairs Ministry officials, the Bar Council, Prim police watch and human rights committee and human rights organisations."

Later, asked if the police are likely to take any other action against him, Uthayakumar said, "If they do anything more, they will have to face the courts. I believe that justice will prevail."

Also at the press conference were chairperson of the police watch committee, RN Rajah ( photo ), and 10 other family members in the custodial death cases.

The committee's work gained prominence since it became involved in highlighting the custodial death of Tharmarajen, 19, allegedly due to beatings he suffered while in police custody.

Last year, the committee won the Suaram Human Rights Award.