We, the 17 undersigned groups and organizations is appalled at yet another extrajudicial killing by Malaysian police that happened on 13/8/2024(The Sun), whereby immediately after that the public is fed with the police version of what happened in an attempt to absolve the police from guilt, and 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 a easily identifiable police vehicle?
In cases of extrajudicial killing, it is the police that caused the killing who should be investigated for the crime of murder and culpable homicide, not the deceased.
However, it must be noted that there have been several cases in Malaysia, where the police version of what happened was found to be LIES.
Police Version Of What Happened Found To Be False
The High Court in Ipoh on 1/2/2024 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,” he[Judicial commissioner Moses Susayan] said..’ The police and prosecution version were that Mohan got out of the vehicle and fired at the policemen, forcing them to shoot back. However, there were ‘…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 requires police to fire warning shots and to shoot at the leg was probably not followed. (FMT)
On 31/5/2023 that 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-defense. 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 (Izzuwan Marzuki) and the investigating officer (P Visvanathan) were also in conflict,” (FMT, 31/5/2023)
We sadly note that there has been no news about the said police personnel found criminally liable for the killing being investigated and/or charged in the courts, despite the findings of the Coroner and/or the Court.
End Perception that Malaysia Protects Law Enforcement Who Broke the Law
The perception that Malaysia protects police and law enforcement officers from criminal prosecution must end. This is not a matter to be dealt with through internal disciplinary actions – but 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 enquire and determine the cause of death, including whether any person, including the police, was criminally liable for the death. 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 – not the police, the prosecution, the Minister or the government of the day.
Coroner must investigate immediately, and decide fast
In cases of police killing that we hear about the Coroner’s findings, it is simply too long after the said killing occurred. In cases of extrajudicial killings and deaths in custody of law enforcement, Coroners must speedily inquire into the death and render a decision as fast as possible, preferably within a month, not after years. Coroners must not only rely on the police for evidence, but also do their own independent investigations as the police do ‘lie’ at times to maybe protect their own officers.
Police are the suspects – not the deceased
In extrajudicial killings, the suspects of the crime is the POLICE, not the deceased. It is the police suspects that need to be investigated, and 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, for if they are investigating the police, it should be an investigation for murder, not attempted murder since the victim died. (NST, 13/8/2024)
Extrajudicial Killings Must Be Criminalized – An offence and a deterrent penalty
Extrajudicial, summary or arbitrary executions – is the deliberate killing of individuals outside of any legal framework – are a violation of this most fundamental right. 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.
Malaysian law, on arrest is very clear and right to kill is limited to persons who have already been charged in court, being the time, a suspect becomes an accused, for an offence that carries the death penalty or sentence of imprisonment of 30 years or more.
Section 15 of the Criminal Procedure Code, amongst others, state that ‘…(2) If such person forcibly resist the endeavour to arrest him or attempt to evade the arrest such officer or other person may use all means necessary to effect the arrest.(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for a term of not less than thirty years but not exceeding forty years or with imprisonment for life.’
In all the known cases, those that end up being shot dead are certainly not accused persons facing trial for such serious offences.
Malaysia must enact a law making extra-judicial killing by law enforcement a crime with a deterrent penalty, as the killers in these cases are public officers responsible for law enforcement, who should never ignore the law and kill suspects, witnesses or others during the performance of their duties. The fact that we have murder and other killing offences in the law is insufficient, and the criminalizing of extrajudicial killings also will indicate Malaysia’s strong position against such killings.
First response by Home Minister is to APOLOGIZE and ensure proper investigation
After anyone is killed whilst making arrest or in police custody, the Home Minister Saifuddin Nasution Ismail first response should be to apologize for the death of any suspect. No one during arrest, custody and investigations by law enforcement should die.
He should also commit to an immediate independent investigation and for a speedy Coroner’s inquiry to determine the truth of what really happened. Was there any acceptable legal defence for the killing of persons by the police? In any case, the police personnel involved should be investigated and charged, and it is up to the Court to determine whether any defence, including self-defence will succeed in avoiding conviction.
The Minister is responsible for the police, but that does not translate that he should always come out in defence of police actions and/or ‘justifying’ possible criminal wrongdoings, trusting the police version of the facts.
On the face of it, the police broke the law when they failed to arrest a suspect alive.
Hence, as Minister responsible, he must come out expressing his remorse for what happened, and commit to a thorough investigation to determine the truth. He must also make sure that the police do not try to prematurely justify killings on the basis that the deceased was a ‘bad person’. He must leave the determination of guilt to the Courts.
It is not for the police to decide whether one is a criminal or not, or whether they deceive the death sentence. They are not ‘judge, jury and executioner’ – the police is NOT ‘a person or group who has unchecked power to make decisions, impose punishments, and carry out those punishments without due process or oversight.’
Therefore, we call
Call for the criminalization of extrajudicial killing, making it a crime with a deterrent penalty;
Call on Malaysia to adopt the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, as rrecommended by the United Nation’s Economic and Social Council resolution 1989/65 of 24 May 1989, which, amongst others, state that ‘Governments shall prohibit by law all extra-legal, arbitrary and summary executions and shall ensure that any such executions are recognized as offences under their criminal laws, and are punishable by appropriate penalties which take into account the seriousness of such offences…’
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 police officers or law enforcement personnel have NOT been charged and tried in Court for the said killings.
Call on Malaysia to end the ‘defamation’ of the dead, as an attempt to ‘justify’ the killings by law enforcement.
Call for the police officers responsible for the death of suspects and others be charged and tried in Court, for it is Court only that determines guilt, and whether any defence for the said crime including self-defence is accepted.
Charles Hector
Ng Yap Hwa
For and on behalf of the 16 groups listed below
- 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 (ADPAN)
- Association Of Home And Maquila Workers (ATRAHDOM), Guatemala
- Banglar Manabadhikar Suraksha Mancha (MASUM), India
- Citizens Against Enforced Disappearances (CAGED)
- Democratic Commission for Human Development, Lahore, Pakistan
- Global Women’s Strike, United Kingdom
- KLSCAH Youth
- Legal Action for Women, United Kingdom
- Programme Against Custodial Torture & Impunity (PACTI), India
- Redemption, Pakistan
- Sabah Timber Industry Employees Union (STIEU)
- Union of Domestic, Maquila, Nexas and Related Workers (SITRADOM), Guatemala
- Yaung Chi Oo Workers’ Association (YCOWA)
