A (Suhakam) Commission and A Royal Commission
Lawyer/Blogger Malik Imtiaz Sarwar outlines the fundamental difference between the two.
It is important to note that a Commission like Suhakam is more concerned with the question of violations of human rights or civil liberties. The records show that the Government would unlikely take any step towards a Suhakam type of inquiry that could result in an expose of its wrongdoing.
Whereas, a Royal Commission is a commission that is established under the Commissions Of Enquiry Act 1950 (Revised 1973). This Act authorizes the Yang Dipertuan Agong to institute a Commission without having to act on advice of the Prime Minister or Cabinet.
As such, the establishment of such a commission is not a decision of the Government to take, or not to take, as the case may be.
Royal Commission on 'Black-Eye'
Imtiaz quoted one of the more prominent Royal Commissions in recent times, and that was the commission that conducted an enquiry into the assault on Anwar Ibrahim during his detention.
The findings of the enquiry led to the prosecution and conviction of a former IGP.
And here's the context Imtiaz raised to illustrate the effectiveness of a Royal Commission:
As the Anwar Ibrahim commission showed, the powers of such a commission to delve into the evidence, through the summoning of witnesses and the holding of hearings, are sufficiently wide so as to allow for the Commission to get to the truth of a matter efficiently and efficaciously. The fact of its ‘royal’ status and the freedom of the (Agong) to appoint His Majesty’s commissioners who are more usually retired and respected judges and community leaders, work towards inspiring confidence in such a Commission’s decision making process and the impartiality of its decision.
That said, Imtiaz suggested that a Royal Commission would be an appropriate way to probe the Batu Buruk Incident, as well as dealing with the matters raised in the Petition Rakyat. [ See draft of Petition Rakyat here ]
Read his reasoning here.
Comments
Suhakam is going on a fact-finding mission into the Batu Buruk clash next week but that does not guarantee a public inquiry will be conducted. BERSIH however is adamant that an independent commission including a Royal Commission of Inquiry be formed to investigate the incident.
Suhakam inquiry or Royal Commission, UMNO & MCA are all out to get the Flag-burners and they are giving a bounty of RM5K & RM3K respectively leading to the arrests. Gerakan wants to distance itself from the East coast affairs and MIC is too poor to chip in
More details & More pics of the incidents; check the latest at:
http://powerpresent.blogspot.com/2007/09/more-pics-rm8000-reward-flag-burners-9.html
& Pics of 9 Suspects identified in the torching of the flags
Posted by: mwt
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September 15, 2007 02:45 PM
WOuld it be a fair assumption to say that every signature on the Petition Rakyat is a vote of no-confidence in Prime Minister Abdullah Badawi?
My personal opinion - it certainly is.
Posted by: Leithaisor
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September 15, 2007 02:49 PM