WE, the 16 undersigned groups and organisations listed below, are appalled at yet another extrajudicial killing by the Malaysian police that happened on August 13, 2024 whereby immediately after that the public was fed with a version of what had happened in an attempt to absolve the police from guilt – with allegations that the deceased was a “bad person”.
Was there even sufficient time for the police to conduct a proper investigation into the killing? Were the police officers in uniform or in an easily identifiable police vehicle?
It must be noted that there have been several cases in Malaysia where the police version of what happened was found to be false.
The High Court in Ipoh on February 1, 2024 set aside an open verdict delivered in an inquest involving a police shooting in Sitiawan, Perak nearly eight years ago, and ruled it to be a homicide. “This court, under the Chief Justice’s Direction No. 2 of 2019, makes a finding of homicide against the police,” judicial commissioner Moses Susayan had said. The police’s and prosecution’s version were that Mohan got out of the vehicle and fired at the policemen, forcing them to shoot back. However, “no bullet casing from the purported revolver used by Mohan was found. Neither were fingerprints, DNA or gunshot residue found on the alleged gun or the deceased. The Inspector-General’s Standing Orders that required police to fire warning shots and to shoot at the leg were probably not followed.”
On May 31, 2023 the coroner’s court, presided by Coroner Rasyihah Ghazali, for “police shooting that resulted in death of 3” concluded that there was abuse of power and elements of a criminal nature in the death of three men who were shot at close range by police three years ago. “The shots were not fired in self-defence. There was abuse of power and (actions in the nature of) criminal elements by police in the death of the men,” she said. “Police witnesses gave evidence that shots were fired at the men from an upright position, but post-mortem reports stated that the bullets pierced their bodies at a downward angle. The weapons described by the ballistic expert and the investigating officer were also in conflict.”
We sadly note that there has been no news about the said police personnel being found criminally liable for the killings mentioned above.
The perception that Malaysia protects law enforcement officers from criminal prosecution must end. This is not a matter to be dealt with through internal disciplinary action; it requires the suspected police officers to be charged and tried in court.
Sadly, in most of these extrajudicial killings, we do not hear about the findings of the independent coroner, who is legally the person who will determine the cause of death, including whether any person, including the police, was criminally liable for it. Hence, we only have the police version of what happened issued hours after the killing.
The Home Minister must disclose the findings of the coroner’s inquiry of all cases of extrajudicial killing by law enforcement. He must explain why the police have not been charged in court for the crime of killing. Whether the police’s defence of “self defence” will succeed is something for the court to decide.
In cases of extrajudicial killings and deaths in police custody, coroners must speedily inquire into the death and render a decision as fast as possible, preferably within a month. Coroners must also do their own independent investigation.
In extrajudicial killings, the suspects of the crime are the police, not the deceased. It was odd that a media report stated that the police had commenced an investigation “under the Penal Code for attempted murder”. Are they investigating the deceased? If they are investigating the police, it should be an investigation for murder, not attempted murder since the victim died.
Extrajudicial, summary or arbitrary executions is the deliberate killing of individuals outside of any legal framework. In Malaysia, the Federal Constitution acknowledges the right to life, and in Article 5(1) states that “No person shall be deprived of his life … save in accordance with law” and this means that the State or its officers can generally only kill someone after he has been tried, convicted and sentenced to death. When it comes to the police, their duty is merely to arrest and investigate suspects, not kill them.
Malaysia must enact a law making extra-judicial killing by law enforcement a crime with a deterrent penalty. If anyone is killed whilst being arrested or in police custody, Home Minister Saifuddin Nasution Ismail’s first response should be to apologise for the death of the suspect. He should also commit to an immediate independent investigation and to a speedy coroner’s inquiry to determine the truth of what really happened.
Therefore, we call for the criminalisation of extrajudicial killing, making it a crime with a deterrent penalty, and call on Malaysia to adopt the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, as recommended by the United Nations Economic and Social Council resolution 1989/65 of May 24, 1989, which, among others, states that ‘Governments shall prohibit by law all extra-legal, arbitrary and summary executions and shall ensure that any such executions are recognised as offences under their criminal laws, and are punishable by appropriate penalties which take into account the seriousness of such offences”.
We call on the home minister to disclose findings of the coroner in all cases of extra-judicial killings in Malaysia and explain why the said law enforcement personnel have not been charged in court for the said killings.
We call on Malaysia to end the “defamation” of the dead, as an attempt to “justify” the killings by law enforcement.
We call for the police officers responsible for the death of suspects and others to be charged and tried in court, for it is the Court only that determines guilt, and whether any defence for the said crime including self-defence is accepted. – August 19, 2024.
* Charles Hector and Ng Yap Hwa read The Vibes.
Written on behalf of:
Aliran
Madpet (Malaysians Against Death Penalty and Torture)
Teoh Beng Hock Association for Democratic Advancement
WH4C (Workers Hub For Change)
Anti-Death Penalty Asia Network
Association Of Home And Maquila Workers, Guatemala
Banglar Manabadhikar Suraksha Mancha, India
Citizens Against Enforced Disappearances
Democratic Commission for Human Development, Lahore, Pakistan
Global Women’s Strike, United Kingdom
Legal Action for Women, United Kingdom
Programme Against Custodial Torture & Impunity, India
Redemption, Pakistan
Sabah Timber Industry Employees Union
Union of Domestic, Maquila, Nexas and Related Workers, Guatemala
Yaung Chi Oo Workers’ Association
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