Media Statement – 11/9/2024
PM Anwar’s commitment ending assault and death in custody appreciated – ensure all police perpetrators are charged and tried in court. ONLY Disciplinary Actions, without law breakers being charged in Court, is not JUSTICE being done
MADPET (Malaysians Against Death Penalty and Torture) appreciates Prime Minister Anwar Ibrahim concern and desire to end police abuses, including torture post arrest and during police custody.
Anwar, himself a victim of police torture whilst in custody, was assaulted in the Bukit Aman lockup in 1998 by then inspector-general of police Abdul Rahim Noor, who was thereafter charged in court, convicted and sentenced to mere 2 months and fined RM2,000 for the assault on Anwar. Such offences by police, who are officers of the law expected to strictly law abiding, require a more deterrent sentence.
"When people raise concerns regarding abuse and deaths in lockups, there’s no need to convince me because I know how it feels. It feels helpless when you’re assaulted to near death while in lockup," he [PM Anwar Ibrahim] said….“We need to support all efforts to protect the suspect or convict in the lockup, and I’m pleased to say that both the home minister and inspector-general of police support the idea.(FMT, 9/9/2024)
Now, although the Malaysian Federal Constitution, Criminal Procedure Code and Police Act do state very clearly what the police can or cannot do, what is sadly missing are Criminal Offences (with possibly ‘deterrent’ penalties) when police officers themselves break the law, which also often translates to a human rights or legal right violation of a suspect/persons.
Police Arrest and Investigate, Judges Convict and Sentence
As Anwar rightly pointed out ‘The police investigate, the judges deliver the sentence. Before a sentence is passed, suspects should not be punished beforehand,” he said in his speech during the 25th SUHAKAM anniversary here today (BERNAMA, 9/9/2024) .
This is right, for the police cannot use excessive force when effecting an arrest, cannot torture an arrested suspect during his/her detention for the purpose of investigations. The police ONLY Investigate and that must be done professionally and with integrity – the TORTURE, slapping, beating, kicking, stappling, etc. is totally prohibited. The suspect shall be presumed innocent until the Court convicts, shall be treated with dignity during the investigations.
TORTURE not only causes pain but also can cause the risk of miscarriage of justice
TORTURE does not only cause physical injury, sometimes death, but also mental anguish and loss of human dignity.
It can also lead to miscarriage of justice when a ‘innocent’ man charged in court pleads guilty because of the consequence of torture. One former detainee once said that he was subjected to several bouts of torture. He said, that if they had tortured him another time, he would have willingly confessed to even murder. I asked him to file a police report, and he said ‘What is the use?’
Victims want police officer to be charged and tried in criminal courts
For victims, and families of deceased victims, justice demands that those criminally liable to be charged, tried in court and handed a DETTERENT Sentence.
Even victories at the High Court in civil action where the Court ordered them to be paid by the police and Malaysian government hundreds of thousands in compensation/damages does not QUELL their thirst for Justice.
They want the individual perpetrator police officers to be charged, tried, convicted and sentenced. The police is not above the law, and those who broke the law must be charged in criminal courts.
This position is consistent with the Federal Constitution, where in Article 8 (1) All persons are equal before the law and entitled to the equal protection of the law.’ Anyone, even the police or the Prime Minister, if he breaks the law, he must be charged and tried in Court.
If police convicted, courts can order compensation for victims
In Criminal Trials in Malaysia, ‘….the Court before which an accused is convicted of an offence shall, upon the application of the Public Prosecutor, make an order against the convicted accused for the payment by him, ….of a sum to be fixed by the Court as compensation to a person who is the victim of the offence committed by the convicted accused in respect of the injury to his person…. (1B) Where the person who is the victim of the offence is deceased, the order of compensation shall be made to a representative of the deceased person.’ (Section 426 Criminal Procedure Code)
The reality is that most victims of police violation of their rights, including torture, extrajudicial killings and death in custody simply do not have the resources, capacity and/or resolve to commence civil actions against the police – hence they never are compensated even in terms of monies for police rights violation. However, if the police are charged in criminal courts, at least the victims can also receive some compensation for their loss and sufferings after convictions.
Disciplinary Action PLUS Criminal Prosecution to ensure Justice
A Disciplinary Action, is an action by an employer against an errant employee, and these disciplinary actions against law breaking police officers are generally held in ‘secret’, where the victims, the public and even the media is not allowed to attend.
Disciplinary actions can result in a mere warning, fine, demotion or even termination, but such penalties fall short from what justice really demands.
MADPET believes that Malaysians want the ‘criminal’ police officers to really pay for his/her crimes – sentenced to imprisonment, personally have to pay a fine, etc. So, charge them, and let Court decide guilt or innocence.
It was shocking to discover in a recent High Court judgment in a death in custody case, that the perpetrator police officers, who were criminally liable for the death, was punished by the disciplinary action with a mere ‘administrative warning’ – this is certainly unjust considering that their actions/omissions resulted in the death of a human being.( see Fadhelah Othman V. Mohamad Sukri Hat & Ors [2024] 7 CLJ 916.)
Disciplinary actions can continue – but make sure perpetrator police are charged and tried in court for his/her crime/s.
Charging police in court will DEFINITELY serve as DETTERENT
This charging of law-breaking police officers in Court, and/or a deterrent sentences if convicted will definitely deter other police officers from committing similar crimes in the future. This will certainly eliminate, if not reduce deaths in police custody.
Enact specific crimes for police and/or law enforcement
The circumstances of many of these police crimes are unique in that it happens in the presence of other officers, or in facilities under the total control of the police officers – but unfortunately the reluctance of some officers ‘to testify against’ or report against their fellow officers is an hurdle.
The victim now fears even making a police report, for worry that the police witnesses may not want to tell the truth, and if he/she reports there is a risk of police retaliation.
Specific crimes is best enacted for the police and law enforcement, which may also include Legal Presumptions placing the onus on the accused police officer to prove that he did not break law, torture or cause the death of a victim.
MADPET calls on Malaysia, in light of Prime Minister Anwar Ibrahims stance against TORTURE and deaths in custody, to ensure that all police officers that torture and/or cause deaths are speedily charged in Court for their crimes.
JUSTICE demands that police officers that break laws, including committing torture or causing deaths be expeditiously charged and tried in the Criminal Courts. Police, being law enforcers, breaking laws and rights of suspect is a MOST SERIOUS CRIME. It gives a negative perception of Malaysia’s administration of justice. The non-prosecution of a few ‘bad cops’ also affects the image of police and law enforcement. It also give the false impression that government protects law-breaking police officers.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
Anwar willing to join Suhakam’s visits to police lockups
I know how it feels to be beaten up in custody, says the prime minister, recalling his experience in 1998.
Anwar recalled his own experience of being beaten while in police custody in 1998 and said the issue of deaths or injuries of detainees in lockups must be urgently resolved, Bernama reported.
When people raise concerns regarding abuse and deaths in lockups, there’s no need to convince me because I know how it feels. It feels helpless when you’re assaulted to near death while in lockup, he said.“We need to support all efforts to protect the suspect or convict in the lockup, and I’m pleased to say that both the home minister and inspector-general of police support the idea.
Anwar was assaulted in the Bukit Aman lockup in 1998 by then inspector-general of police Abdul Rahim Noor soon after the former was fired from the government by then prime minister Dr Mahathir Mohamad.
Anwar appeared at the Kuala Lumpur court with a black eye. A photograph of Anwar, with the bruised eye and raising his hand in defiance, became an iconic image of the opposition Reformasi movement that rallied for him to be freed.
Rahim was later sentenced to two months’ jail and fined RM2,000 for the assault on Anwar.
Anwar said Suhakam and the police will probe and study the issue of custodial deaths so that appropriate procedures and protections may be established to prevent them.
He added that Inspector-General of Police Razarudin Husain has expressed the willingness of the police force to cooperate with Suhakam.
The police investigate, the judges deliver the sentence. Before a sentence is passed, suspects should not be punished, he said. - FMT,9/9/2024
See also the BERNAMA Report
