Protest against Malaysia in Brussels, Copenhagen, Kathmandu, London, Los Angeles, New York, Paris and Vienna.

Protesting against death penalty for drug possession in Malaysia

A small group of protesters belonging to the European NGO Council on Drugs (ENCOD) gathered outside the Malaysian Embassy in London to speak out against the death penalty for drug possession and use in Malaysia. London, UK. 04/03/2010.

The protest was very small but the implications for those caught in possession of even the smallest quantities of drugs, including cannabis are huge for those living in Malaysia. The death sentence is mandatory, and judges have no authority to reverse a case. The individual involved is seen in the eyes of Malaysian law to be guilty unless he or she can prove otherwise. 

According to the UN Secretary General and International conventions on Human Rights, the death penalty should only be applicable in circumstances where, “the crime is intentional and results in lethal or extremely grave consequences, not in cases of economic, non-violent or victimless offences. In those cases a death sentence may be considered as an arbitrary execution.”

ENCOD believes that the legitimised current drug prohibition by the United Nations “continues to drive repressive policies.” Despite the harsh penalty associated with drugs in Malaysia the amount of users have continued to rise. People that do get caught are often not involved in the high ranks of the supply chain and therefore the main players are not deterred. Instead they can continue to charge inflated prices for their products. Currently some 300 prisoners are on death row.

Governments will meet from March 8th until the 12th at the United Nations Commission on Narcotic Drugs in Vienna to reinstate their global war against drugs. However, for people in Malaysia, as well as 21 other countries, perhaps the law should be modified in line with the UN’s view of the death penalty. 

A letter was handed to Embassy officials, in parts stating, “The prohibition of cannabis was installed and promoted worldwide by Western countries, especially the USA, during a period in which they dominated the world. Meanwhile, in most European countries, cannabis possession for personal consumption is not penalised anymore. In a growing number of states in the USA, major law changes are taking place that legally regulate the cultivation and distribution of cannabis to adults for medicinal purposes. It would be extremely sad to see Malaysia continue executing people found in possession of cannabis, while the countries that have installed its prohibition have come to the insight that this is a useful substance whose consumption can be perfectly integrated in society.” The letter was also handed in at similar demonstration at Malaysian Embassies and consulates in Brussels, Copenhagen, Kathmandu, London, Los Angeles, New York, Paris and Vienna.

Well

Open letter to Najib Tun Razak. - Abolish Death Penalty

Open letter to Prime Minister of Malaysia, Najib Tun Razak.

March 2, 2010

By admin

Dear Prime Minister Najib Tun Razak,

It is with the greatest respect to you and your country and it’s legal system that we write to you today in the hope that your government will join the vast majority of UN member nations and urgently reconsider your current use of the death penalty, in particular for drug trafficking.

As you may know there are coordinated peaceful protests planned on Thursday March 4th at Malaysian Embassies in cities worldwide, including Britain (London), Denmark (Copenhagen), France, USA (New York & LA) and Nepal (Kathmandu). There will also be protests at the UN Commission on Narcotics Drugs in Vienna on 8th-12 March.

These protests represent continued and growing international concern at Malaysia’s current policy, a concern which will grow with every death sentence, tarnishing Malaysia’s reputation as a modern and progressive nation with a fair system of justice which takes basic human rights as it’s foundation.

We therefore respectively ask you to consider the overwhelming evidence that the use of the death penalty does not prevent serious crime, and carries a major risk of innocent people being executed for crimes they did not commit, even in the fairest of legal systems.

Malaysia makes the death penalty mandatory for drug trafficking, giving judges no grounds for discretion. We ask, how can that ever be fair?

For these and other reasons Cambodia recently abolished the death penalty, the Philippines have declared a moratorium, and in Thailand the death penalty for drugs has not been used since 2004.

We represent concerned citizens of nations from all over the world, but in Malaysia itself polls have shown up to 64% of your own citizens have said they were against the death penalty, and the respected Malaysian Bar Council of Lawyers with 12,500 members has repeatedly called for an immediate end to all executions.

Yet currently over 300 people are on death row in Malaysia, mainly young men under the age of 25, many of them for relatively minor cannabis dealing charges.

As recently as December 2009 in Malaysia four young men were sentenced to death for trafficking relatively small amounts of herbal cannabis, a crime which in many nations would not even warrant a prison sentence. We ask you to stop their executions and consider the fact that in almost every case the traffickers you catch and execute are in fact victims, many of them very young,  deserving of help from your government, not execution.

Amnesty International has said the death penalty is “the ultimate denial of human rights”. We respectfully ask you to consider that the use of the death penalty violates the right to life as proclaimed in the Universal Declaration of Human Rights, making your government technically guilty of Crimes Against Humanity (maximum penalty life imprisonment).

We therefore ask you to spare the lives of the young people currently on death row in your country for drug crimes with an immediate moritorium on executions.

We respectfully ask you to consider the strong evidence from all over the world that the well intended prohibitionist drug policies you currently follow are in fact more dangerous to your citizens than the very drugs you hope to protect them from.

We believe you would agree that it is the duty of every government to protect it’s citizens from harm. However until you change provably dangerous policies and laws concerning drugs, which in fact encourage drug use and harm the very fabric of society, you will be failing in your duty.

We plead to you in the name of humanity to please act now to save the lives of those already condemned, and let Malaysia join the global majority whose societies have only benefited by ending the counter productive use of the death penalty.

Thank you.

• Campaigners Target Malaysia to Stop Mandatory Death Penalty For Drugs
• Would You Kill For Pot?

Source: News of the Weed, 2/3/2010, Open Letter to Prime Minister of Malaysia

Campaigners Target Malaysia To Stop Mandatory Death Penalty for Drugs

March 2, 2010

By admin

 

MALAYSIA is to be the target of international protests at the Malaysian government’s mandatory death penalty policy for drug trafficking on Thursday March 4th.

Peaceful protests are planned at Malaysian Embassies in cities worldwide, including Britain (London), Denmark (Copenhagen) France (Paris), USA (New York & LA) and Nepal (Kathmandu). There will also be protests at the UN Commission on Narcotics Drugs in Vienna on 8th – 12th March.

The protesters are calling on Malaysia to join the vast majority of UN member nations and reconsider it’s current use of the death penalty, in particular for drug trafficking.

They are asking the Malaysian government to order an immediate moratorium on executions and consider the overwhelming evidence that the use of the death penalty does not prevent serious crime, and carries a major risk of  innocent people being executed for crimes they did not commit, even in the fairest of legal systems.

Currently over 300 people are on death row in Malaysia, mainly young men under the age of 25, many of them for relatively minor cannabis dealing charges which in many countries would only warrant a fine or perhaps a short prison sentence.

In London the protesters include members of ENCOD, Release, Reprieve, Amnesty International, Students for Sensible Drug Policies, and the Legalise Cannabis Alliance.

The protests represent growing international concern at Malaysia’s murderous anti drug policies at a time when many nations are learning that harm prevention not prohibition is the best way to protect citizens from the dangers of drug use. 

London Picket @ The Malaysian Embassy, 45 Belgrave Sq, London, SW1X 8QT. Thursday 4th March 2010, 1PM.

Picket Info links:
London
Paris
Vienna

Who believes Malaysian police anymore? Another Death in Custody

Another death in police custody - stop 'defaming' the dead and investigate how he died thoroughly

When will it all stop?

Another death in police custody - alleged death by strangulation ... police claim he hung himself...

And, CCTV recordings is not assisting police in their investigations... something is amiss.

There has just been too many deaths in police custody in Malaysia - too many 'shoot to kill incidents' where almost all the victims get shot dead, hence no witnesses to challenge the police version. No public inquiries into 'shoot to kill' incidents yet...maybe the government will remedy that.

But, with death in police custody, the government has previously taken the position that there will be inquests (inquiries into the death) - but when it happens, lack of evidence...poor investigation usually provides one outcome ....i.e. no one criminally responsible for the death, mmm

CCTV with recording capabilities - but now they say it does not help....

How does one in a police lock-up hang oneself? So, his cellmates were happily standing around when he made preparation...and hung himself... What about others in the room? Did nobody see anything

What is the police doing by 'ruling out foul play' - have they even completed the investigation into the death? Do not tell me that the police have become super efficient in their investigation. All the police need to do is to investigate and investigate thoroughly all possibilities... Get all the witness statements properly recorded... The Inquest will decide whether there was 'foul play' or not - not State police chief SAC I Datuk Osman Salleh (or the police). A majistrate, sitting as the  Coroner, in the inquest will decide. 

What we need is speed - The inquest must be immediately held. If not, the police will come and say that the 'previous cellmates' cannot be found, and this police officer has been transferred, etc... in short difficult to find relevant witnesses - and the Inquest will only have to rely on the alleged statements of witnesses taken by some police officer. Remember, in the case of death in police custody, one of the principal suspects is the police...Really, someone else should be investigating these death in police custody cases...

Why did the police(or some other)  pour 'dirt' on the deceased? Who revealed his past convictions, etc... Does it matter now? Or should we not be focusing on the death in police custody. The police should stop 'defaming' the dead - it is something that the authorities seem to be doing after 'shoot to kill' incidents, and now in 'death in police custody cases' - if not, what is the source of information that reporters rely on. 

Are they trying to say that these are 'evil men' - and Malaysians should not be bothered about how they died (or were killed)? What is the reason behind all these disclosures - and some are not even proven facts (tested in court that led to a conviction) but mere suspicions and allegations. 

Police should stop trying to justify 'killings' by painting a picture that the dead victims were really 'bad' 'evil' people. That is not the issue at all. 

The issue is whether the police killed him? whether someone else killed him? Was it the police's negligence that caused the death? After all hanging oneself takes time - unlike taking a gun and shooting yourself... Surely the cellmates, the police personnel monitoring the lock-ups, the officers monitoring the CCTV recordings would have seen something that would have prevented the death? Where were the cops.... what were they doing?

BAHAU: Police have ruled out foul play in the death of an ex-convict who was found strangled in his cell at the Jempol police station on Monday morning.

State police chief SAC I Datuk Osman Salleh said findings by a forensic pathologist from the Tuanku Ja’afar Hospital in Seremban also revealed there were no other injuries on 28-year-old P. Babu.

“The only marks visible on the deceased’s body were on his neck and these were consistent with someone who had committed suicide by hanging,” he told The Star.

Osman said police have also viewed the closed-circuit television (CCTV) recordings at the lock-up and had spoken to his cellmates in the course of their investigation.

“The CCTV recordings too didn’t reveal anything,” he said.

Babu, a sawmill worker with several convictions previously, had surrendered to police on Jan 28 to assist in investigations into several robberies near here.

Osman said in the early hours of Jan 26, Babu and three accomplices aged in their late 20s and early 30s had allegedly robbed a couple at a rubber estate near here.

“The couple called the police and a patrol car was immediately despatched to the scene.

“When my men reached the area, they managed to detain one of the suspects while the others managed to escape on their bikes,” he said, adding that police also recovered some stolen jewellery from the man.

Babu, who was released from prison three months ago after serving a six-year jail term for robbery, and the two others surrendered to the police two days later.

It is understood that Babu had also served time for drug-related and cheating offences previously.

When met at the family home at Rumah Rakyat near here, Babu’s uncle M. Mahadevan, 35, said the family would ask for an independent post-mortem.

“We are not going to accept the post-mortem done by the hospital authorities as we don’t believe Babu committed suicide,” said the district council employee.

Mahadevan said although his nephew died at about 3am, he was only allowed to see the body after the post-mortem was conducted several hours later.

He also asked why there were no CCTVs in the toilet as this could have helped determine how Babu died.

“The police have asked us to collect his remains for burial but I will only do so after the independent post-mortem has been done,” he added. - Star, 2/2/2010, No foul play in detainee’s death, cops say

BAHAU: An ex-convict who turned himself in at the Jempol police station last Thursday to assist police investigations into several robberies was found dead in his cell early yesterday.

P. Babu, 28, who was released from prison just three months ago after serving a six-year term for robbery, was found hanging from a beam in the lock-up toilet, at about 3am.

According to police sources, Babu and three other friends were on their way to rob a house in a rubber plantation near here on Jan 26, but were foiled by policemen on patrol, who opened fire when the suspects refused to stop.

Despite being hit on the leg, Babu and his friends escaped on two motorcycles.

Babu, however, gave himself up at the station two days later, and this led to the arrest of the other three.

It could not be immediately ascertained if Babu had shared the cell with other detainees.

State plantation affairs and human development committee chairman V. S. Mogan, when met at the Jempol Hospital where the body was taken for a post mortem, said police must explain how Babu died.

“Although initial reports show that Babu hanged himself, we hope the police can also enlighten us on what really happened.

“This is important because people are already making assumptions over his death,” Mogan said.

Jempol MIC Youth chief M. Palani later lodged a police report over Babu’s death.

State PKR deputy chairman and Port Dickson assemblyman M. Ravi, who was also at the hospital, said Babu’s family should ask for an independent post mortem if they were unhappy with the one conducted at the hospital.

Babu, whose parents died some time ago, lived with an uncle.

State deputy police chief Datuk Abdul Manan Hassan said police were awaiting the post mortem report and that investigations were underway. - Star, 2/2/2010, Ex-convict assisting police investigation found dead in cell

 But, the family does not buy the story that he committed suicide.

And, it certainly is too soon for the police to even say whether there was 'foul play' or not? Remember, Anwar's black eye case - it was all total denial at first. And at the end, the truth was that the police hit him and caused the black eye. Who believes Malaysian police anymore?

The family of a man, said to have committed suicide while in police custody, have refused to collect his remains from the morgue and are seeking another post-mortem.

Sawmill worker P Babu, 28, was found dead in the Jempol police lock up at about 4am after he surrendered himself in connection with a robbery case.

When contacted, Jempol MIC Youth chief M Palani said the first post-mortem report classified the death as suicide.

The deceased had apparently used his shirt to hang himself.

"But this is unofficial. We were told that we would get the black and white report within seven days," he added.

'Strong willed person'

Palani said the family have rejected the findings because "Babu was a strong willed person and would not have this decision (to commit suicide)".

"We are also questioning the fact that he hung himself using his shirt. Shouldn't he be wearing a police issued t-shirt (for detainees)?" he asked.

Yesterday, Palani filed a police report calling for a thorough investigation into Babu's death.

Both MIC and PKR politicians have cried foul over the incident and offered to help the family secure a second post-term.

For years, activists and politicians have been complaining about the high number of fatalities involving Indian Malaysian police detainees.

In January 2008, a police constable was charged with causing hurt to extract a confession from A Kugan, 22, who died in police custody in Subang Jaya.

In July, P Gunasegaran, 31, was found dead in the Sentul police station. An inquest is currently underway.- Malaysiakini, 2/2/2010, Family rejects 'suicide' claim, wants independent autopsy

Will Malaysia follow Mongolia and declare a moratorium on all executions?

When will Malaysia abolish the death penalty? Will Malaysia follow Mongolia and declare a moratorium on the death penalty.

Even in China, 2 years after the accused is given the death penalty, the death penalty is commuted to a prison term. The exception would be if the said accused had committed further crimes after receiving the the death sentence. Would Malaysia also follow the practice in China, and commute those who have sentenced to death.

AMNESTY INTERNATIONAL

PRESS RELEASE

For Immediate release

Embargo until 09:00am GMT  14 January 2009

Mongolia : moratorium on executions welcomed

Amnesty International welcomes the announcement made by the government of Mongolia today declaring an official moratorium on executions in the country.

Amnesty International believes President Tsakhia Elbegdorj has taken a bold move for the protection of human rights in Mongolia and welcomes this important development as a key step toward full abolition of the death penalty.

 “The government of Mongolia has shown that it has a strong commitment to human rights by introducing a moratorium on the death penalty. Amnesty International urges other countries in the region to follow Mongolia’s example,” said Roseann Rife, Amnesty International Asia-

Pacific deputy director.

Asia continues to execute more individuals than the rest of the world combined. Amnesty International estimates at least 1,838 individuals were executed in 11 countries in Asia in 2008.

In China, Mongolia, Vietnam, and North Korea, executions and death penalty proceedings are shrouded in secrecy and a lack of transparency.

“Mongolia must quickly amend its law on state secrecy to end the lack of transparency in the application of the death penalty. Transparency is an essential element of an open and free society but also an important step towards abolition,” said Roseann Rife.

The President of Mongolia commuted the death sentences of at least three people in 2009. Executions are carried out in secret in Mongolia and no official statistics on death sentences or executions are made available. Prison conditions for death row inmates are reported to be poor. Families are not notified in advance of the execution and the bodies of those executed are not returned to the family.

More than two-thirds of the world’s countries have abolished the death penalty in law or practice. In 2008, 106 countries voted in favour of the United Nations General Assembly (UNGA) resolution calling for a moratorium on executions.

 “We look forward to Mongolia’s support for the UNGA resolution in 2010 and urge other nations in the region to follow suit,” said Roseann Rife.

In 2010 Mongolia’s human rights situation will also be reviewed under the United Nations Human Rights Council Universal Periodic Review.

Background

The UN General Assembly will consider a third resolution calling for a moratorium on executions in 2010. Mongolia voted against the UNGA resolutions adopted in 2007 and 2008, as has China, India, Indonesia, North Korea, Malaysia, Singapore, Thailand and Japan. In 2008, 106 countries voted in favour of the resolution, 46 voted against and 34 abstained.

Amnesty International believes the death penalty is the ultimate cruel, inhuman and degrading punishment and opposes the death penalty in all cases. The death penalty is discriminatory, used disproportionately against the poor, minorities and members of racial, ethnic and religious communities and it the ultimate act of state violence. There is no evidence that it is any more effective in reducing crime than other harsh punishments.

For more information please contact Roseann Rife at Amnesty International’s Asia-Pacific Regional Office in Hong Kong on +852 2385 8319 or +852 9103 7183(m) or call Amnesty International's press office in London, UK, on +44 20 7413 5566 or email: press@amnesty.org

International Secretariat, Amnesty International, 1 Easton St., London WC1X 0DW, UK www.amnesty.org

Singapore, stop the execution of the 21 year old Malaysian

AMNESTY INTERNATIONAL PUBLIC STATEMENT

 

4^th December 2009

 

Amnesty International urges the President of Singapore S. R. Nathan to reconsider Yong Vui Kong’s clemency petition and commute his mandatory death sentence immediately. Yong Vui Kong, a 21 year old, is scheduled to be hanged on 11 December 2009.

 

The death penalty is prescribed in Singapore for a wide range of offences. However in recent years, it is only known to have been imposed for drug trafficking, murder and firearms offences, all of which carry a mandatory death sentence.

 

A mandatory death sentence imposes the ultimate cruel, inhumane and degrading punishment without any possibility of taking into account the circumstances of the person charged, or the circumstances around the particular offence.  The court is not given discretion to sentence the person convicted to an alternative punishment. 

 

Yong Vui Kong, a Malaysian citizen, was arrested in June 2007 by officers from the Central Narcotics Bureau. He was charged with trafficking 42.27 grams of heroin and, as provided by the Misuse of Drugs Act, automatically received a mandatory death sentence in January 2009.

 

International human rights standards prohibit mandatory death sentencing even for the most serious crimes on the grounds that it constitutes an arbitrary deprivation of life and a violation of the right not to be subjected to cruel, inhuman and degrading punishment. Article 9(1) of the Singaporean Constitution states that “No person shall be deprived of his life or personal liberty save in accordance with law”.

 

A constitutional appeal challenging the mandatory imposition of a death sentence on Yong Vui Kong, as provided for in the Misuse of Drugs Act, is due to be considered on 8 December by the Court of Appeals. As such, his case would be referred back to the trial judge for reconsideration. On 1 December the President of Singapore rejected Yong Vui Kong’s petition for clemency. The Court of Appeals has already rejected an earlier appeal against his death sentence in November. Yong Vui Kong received a stay of execution from the Singapore Court of Appeals on 3 December.

 

Amnesty International calls on the President of Singapore S.R. Nathan to commute all death sentences which have been imposed, and immediately introduce a moratorium on executions with a view to abolishing the death penalty.

 

Click HERE to access Amnesty Int's Urgent Appeal on Yong's Latest Appeal for Clemency

Yong Vui Kong received a stay of execution on 3 December, but is now scheduled for execution on 11 December. His appeal will be heard by the Court of Appeals on 8 December.

Yong Vui Kong's lawyer has appealed on the grounds that the mandatory death sentence for drug-trafficking, which is set out in the Misuse of Drugs Act, is unconstitutional, and therefore his case should be referred back to the trial judge for "reconsideration."

The appeal was due to be heard by a three-judge panel at the Court of Appeals on 2 December, but only one judge was present, so the court had to grant a stay of execution. The court, which rejected an earlier appeal against Yong Vui Kong's death sentence, is now due to hear his latest appeal on 8 December.

The President of Singapore rejected Yong Vui Kong's petition for clemency on 1 December.

PLEASE WRITE IMMEDIATELY in English, Mandarin or your own language:

• Urging the president to reconsider Yong Vui Kong's clemency petition and commute his death sentence;
  
• Expressing concern that because the death penalty is mandatory for drug-trafficking offences, the court that sentenced Yong Vui Kong to death had no discretion to sentence him to an alternative punishment;
  
• Calling on the president to introduce a moratorium on executions, with a view to complete abolition of the death penalty.
  

PLEASE SEND APPEALS BEFORE 11 DECEMBER 2009 TO:

 

President

His Excellency SR Nathan
Office of the President
Istana, Orchard Road
Singapore 0922

Fax: +65 6735 3135
Email: s_r_nathan@istana.gov.sg

Salutation: Your Excellency

And copies to:

Newspaper

Editor-in-Chief
The Straits Times
1000 Toa Payoh North
News Centre,
Singapore 318994

Fax: +65 6319 8282
Email: : stonline@sph.com.sg

Or

H.E. T Jasudasen High Commissioner
HIGH COMMISSION OF THE REPUBLIC OF SINGAPORE
209, Jalan Tun Razak 50400 Kuala Lumpur
E- mail : singhc_kul@sgmfa.gov.my
Fax : 603-2161 6343/2163 4875

Additional Information

The authorities in Singapore do not release any information about the use of the death penalty in the country. At least one person is known to have been hanged so far in 2009, and at least three sentenced to death; in 2008, at least one person was hanged and five sentenced to death. The true figures are likely to be higher. The government has always maintained that the death penalty is not a human rights issue, and consistently lobbied other nations against the abolition of the death penalty.

All capital cases are tried by the High Court; convicted prisoners can appeal, and if they are unsuccessful they can apply to the president for clemency. President Nathan, who has been in power since 1999, is not known to have granted clemency to any condemned prisoner.

Lawyer: Natural life sentence a better deterrent - Abolish the Death Penalty

BANGI: A lawyer has suggested that the death penalty be abolished, as it does not seem to be an effective deterrent.

M.M. Athimulan said a better deterrent would be natural life imprisonment.

He said crimes such as murder, drug trafficking and armed robbery were on the rise despite the law providing for death by hanging.

"In fact, traffickers are prepared to risk their lives and carry on with the clandestine activities to make a fast buck," he said in a paper entitled "Abolishment of Death Penalty" at a criminal law conference at Universiti Kebangsaan Malaysia here yesterday.

At present, judges can reduce murder and drug trafficking charges in the midst of a trial if they find there is insufficient evidence.

In such cases, the offender gets a jail term of up to 20 years, with one-third remission for good behaviour.

Athimulan said the natural life sentence -- serving time in prison until death -- would better deter would-be criminals.

He said from his experience, those charged with offences that carried the natural life sentence were more fearful because they would have to languish in prison indefinitely.

Athimulan, however, admitted that this could be expensive as the government would have to keep and feed them.

A participant, Mohammad Rafique Rashid Ali, suggested that the death penalty be maintained but that the guilty be executed in public.

Lawyer Gurbachan Singh, who delivered a paper titled "Constructing Defence On Drug Charges in Court", said that there was uncertainty in this area of the law due to inconsistencies.

Gurbachan said recent judicial pronouncements on trafficking and possession cases appeared to have been wrongly decided.

"In the past we had eminent judges who upheld the law and were never affected by the facts of a case."

Another lawyer, Hisyam Teh Poh Teik, who delivered a paper on "Criminal Advocacy" advised newcomers to the Bar to be innovative and break new grounds in criminal jurisprudence.

He said lawyers must rise to the defence of their clients at the prosecution stage when conducting cross-examination of witnesses.

"Trial judges are unlikely to accept the accused's version during defence as it will be construed as a concoction or as an afterthought," Hisyam Teh said. - New Straits Times, 15/11/2009, Lawyer: Natural life sentence a better deterrent

Police Shooting - SUARAM: Weak Procedures and Lack of Accountability in Police Shootings: Government Must Act Immediately to End Impunity

Press Statement: 24 November 2009

Weak Procedures and Lack of Accountability in Police Shootings:

Government Must Act Immediately to End Impunity

SUARAM strongly condemns the Royal Malaysian Police on the shooting of the five men in Klang on 8 November 2009 that resulted in their deaths. There are high numbers of death by police shooting and the police should stop maintaining the same reason of self-defence for shooting suspects to death and take measures to avoid such events from recurring.

SUARAM questions how it was possible that all the five suspects were shot dead simultaneously while they were in a moving vehicle as reported in the media. We also question the inconsistencies of the police accounts of the events surrounding the incident. Initial news reports by New Straits Times[1] and Bernama[2] described that police officers stopped the suspects’ vehicle and the suspects tried to run the vehicle into the police officers. The suspects opened fire at the police officers and the police returned fire, causing all five suspects to die on the spot. However, when denying allegations that the police had a “shoot-to-kill” approach, The Star reported that the Federal CID Director Comm Datuk Seri Bakri Zinin stated, “There was a high-speed car chase where the robbers tried to force the pursuing police vehicle off the road while firing shots indiscriminately at them. Police had no choice but to return fire.”[3]

Due to the poor track record of the police and inconsistencies in accounts of incidences such as the one that occurred on 8 November, there is a perception that there is an attempt by the police to cover up actual events. While we recognise the police officer’s right to self-defence, SUARAM is of the view that even if the suspect is first to open fire as alleged to have occurred in the incident that occurred on 8 November, the police must use other procedures to apprehend the suspects that are proportionate to the actions of the suspects and ultimately, lethal use of firearms must be the last resort and not the first.

Death by police shooting is not an uncommon practice in the police force. According to our documentation and monitoring, in 2008, there were 44 cases of death by police shootings with possibly more cases unreported. The perception that the police “shoot-to-kill” has developed because in many of the police shooting cases, circumstances indicated that the police did not try to apprehend suspects but rather, resort to the use of firearms at first instance of attack by suspects. In virtually every case, the police claimed that the suspects were armed and dangerous, and that returning fire was necessary but a closer examination would reveal that in a large number of the shooting cases, the suspects were only armed with weapons such as knives or parangs. These cases are clearly in contravention of the principles of restraint and proportionality in the international standards on the use of firearms by law enforcement officers.

International law clearly stipulates the basic criteria for the use of arms. In the United Nations Code of Conduct for Law Enforcement Officials it is stated, “Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty”.

Whereas Article 9 of the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials states, “In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life…” and Article 10 states “…law enforcement officials shall identify themselves as such and give a clear warning of their intent to use firearms, with sufficient time for the warning to be observed, unless to do so would unduly place the law enforcement officials at risk or would create a risk of death or serious harm to other persons, or would be clearly inappropriate or pointless in the circumstances of the incident”. (All emphases added)

In addition, Section 15(3) of the Criminal Procedure Code (Act 593) states that in the event of an arrest, it is unlawful for police officers to cause the death of a person during an arrest before they have been accused of an offence severe enough to be sentenced to death or life imprisonment.

While much attention has been given to the recent deaths of ethnic Indian Malaysians in police shootings, SUARAM’s documentation shows that these cases are not merely confined to a single ethnic group. In 2008, 25 of the 44 deaths by police shootings documented by SUARAM that year were foreigners. It is therefore an issue of the failure of the government to discipline a police force which is today operating with critically weak procedures, lack of accountability and impunity.

 

The low public confidence in the police force today is largely due to its lack of accountability. This has been made worse by the recent police shooting cases and the attempts by the police in defending itself without proper and transparent investigation procedures.

 

In light of the recent police shooting cases, there is an urgent need to end impunity by immediately:-

 

1.      declaring and reviewing of the current procedures of the use of firearms on criminal suspects to ensure that police officers comply with international standards; and

2.      establishing accountability procedures after police shootings occur to ensure that police officers are accountable for their actions.

SUARAM also strongly calls upon the Government to immediately act on the recommendation by the Royal Commission on Police for an inquest to be conducted for every death within a month of the incident. This should include all deaths by police shootings. The recommendation states that the Magistrates and Government Medical Officers must be informed about each death and that the bodies must not be moved prior to that. Upon being informed, a Magistrate and a Government Medical Officer must immediately inspect the body at the site of the incident.

 

In the longer term, the Government must establish a Coroner’s Court as recommended by the Parliamentary Select Committee on the Criminal Procedure Code and the Penal Code – to carry out investigation on all deaths by police shootings as well as those in police custody.

 

Released by,

 

Lucas Yap Heng Lung

SUARAM Coordinator

016-4114147

lucasheng19@gmail.com

 

---

[1] The New Straits Times (2009) ‘PCO Boy gang killed in shoot-out’, 9 November, at http://www.nst.com.my/Current_News/NST/articles/21deads/Article/index_html, accessed 23 November 2009 .

[2] Bernama (2009) ‘Five Criminals Shot Dead By Police’, 8 November, at http://www.bernama.com/bernama/v5/newsgeneral.php?id=453530, accessed 23 November 2009 .

[3] The Star (2009) ‘We don’t have shoot-to-kill approach, say police’, 11 November, at http://thestar.com.my/news/story.asp?file=/2009/11/11/nation/5086466&sec=nation, accessed 23 November 2009 .

Another 'shoot to kill' incident - 5 dead.

Another 'shoot to kill' incident - 5 dead.

Apparently they were on the way to commit a robbery - I seriously wonder how the police knew that...

'PCO Boy" had 13 Criminal Record - I believe that it is very wrong to 'defame' the dead and make all kinds of allegations against people that you killed. Is this an attempt to justify your actions?

There must be an independent inquiry into this incident:-

- Was the action of 'shooting' that resulted in all 5 ending up dead justified?

- Was there any intention to arrest these 'suspects' , or were the police out with a mission to shoot them all dead?

- Did the police have information about the identity of these persons before the incident, and were attempts made to secure their arrests?

-......

-......

 

The report says that the 5 had only one gun - 'a Remington pistol with three bullets in its magazine.' - so one person shot at the police...mmm

 'Police believe they have solved 10 armed robberies with the death of the five men. ' - They do not even know the identity of the deceased, and how can they say this so soon after the killing incident...

Post-Mortem is not enough - we need a complete investigation of what happened. Are the police telling the truth? This investigation must be done by an independent body of persons.

KLANG: Police shot dead five men in an early morning shoot-out in Lorong Sungai Keramat, Taman Klang Utama here, yesterday.

A team of D9 officers from the Klang district station was patrolling the area about 12.30am when they spotted a vehicle, with five men inside acting suspiciously.

Police stopped the car and asked them to step out for an inspection.

However, the driver immediately reversed the car and tried to run over the officers.

At the same time, they opened fire at the officers.

In self-defence, the officers returned fire, killing all five in the car.

Klang district police chief Assistant Commissioner Mohamad Mat Yusop said the group was believed to be on their way to commit a robbery and had been active for the past year.

"During the shoot-out, the vehicle rammed into a ditch barrier nearby and all the suspects were already dead when the police got to the car.

"We believe the driver was shot before he lost control of the car," Mohamad said

The identities of the five have yet to be ascertained.

However, police identified one of them as "PCO Boy" who is believed to be the leader of the gang and had 13 criminal records.

He is also wanted for nine robbery cases.

Mohamad said the five were believed to be part of a bigger gang and police were hunting for the remaining members.

Meanwhile, Selangor Criminal Investigation Department chief Datuk Hasnan Hassan said the gang was noted for committing robberies while armed with samurai swords.

"Initial investigations revealed that the leader of the gang (PCO Boy) has been wanted by the police for the past few months as he was believed to be involved in gangsterism and several robbery cases," he said at the scene yesterday.

The car driven by the gang was reported stolen in Kajang on Nov 2 and fake registration number plates were used. 

Also found in the car was a Remington pistol with three bullets in its magazine, six parang and swords.

Police believe they have solved 10 armed robberies with the death of the five men.

The bodies have been sent to Tengku Ampuan Rahimah Hospital for a post-mortem.- New Straits Times, 9/11/2009, PCO Boy gang killed in shoot-out

ENCOD's letter to PM & SUHAKAM - Death Sentence & Drugs

MALAYSIA EXECUTES DRUG OFFENDERS

published Friday 9 October 2009 11:18, by encod .

In the past months, four young men have been sentenced to death for relatively modest charges on cannabis in Malaysia.

ENCOD has sent the following letter to Prime Minister Najib Razak of Malaysia and the Chair of the Malaysian Human Rights Commission.

Please copy this letter, sign it in your name and send it to Malaysian authorities. Check the list of embassies.

PRIME MINISTER Najib Razak,

Prime Minister’s Department, Prime Minister’s Office,
 Main Block, Perdana Putra Building,
 Federal Government Administrative Centre,
 62502 Putrajaya, MALAYSIA

CHAIR HUMAN RIGHT COMMISSION

Tan Sri Abu Talib Othman, Suruhanjaya Hak
 Asasi Manusia Malaysia, 29th Floor, Menara Tun Razak, Jalan Raja Laut,
 50350 Kuala Lumpur, MALAYSIA

Antwerpen, 9 October 2009

Dear Prime Minister,

Dear Chair Human Rights Commission,

As a European coalition of NGO’s and individuals concerned with the global drug issue, we would like to inform you herewith of our deepest concerns about the confirmation of several death sentences in your country recently.

On August 27, Khairul Idzham was sentenced to death for trafficking 4,3 kilos of cannabis five years ago.

On September 2, Lim Kok Yong, 35 years old, was sentenced to be hanged until death after finding him guilty of trafficking 625.7 grammes of cannabis, five years ago.

On September 4, Khalil Anuar Sukirman, 25 years old, was sentenced to death after he was found guilty of trafficking over 1kg of cannabis three years ago.

On September 30, Indonesian Nasir Ibrahim, 31 years old, was given the death sentence after he was found guilty of trafficking 868gm cannabis more than five years ago.

The use of the death penalty as such runs counter to the universal protection of human rights and is at odds with the international trend away from the use of this measure. Very few countries currently carry out executions: provisional figures compiled by Amnesty International indicate that only 20 of the United Nation’s 193 member states carried out state killings in 2006. In countries such as South Korea and Taiwan, authorities are considering to abolish this measure. We hope that this will soon be the case in Malaysia as well.

However, in these particular cases, we believe there is no valid argument whatsoever to carry out this punishment, and urge you to do whatever is possible to reverse the sentence.

We are aware of the argument of your government for maintaining the death penalty for drug traffickers, because drugs cause misery in Malaysian society. To this we would like to say that in spite of executions of drug traffickers in Malaysia, the country is not and will never be drug-free. Many people in Malaysia want to consume cannabis and other drugs, so it is obvious that other people will supply them. Taking the life of people will not change that situation.

Drugs trafficking is the core business of globally organised criminal organisations. The traffickers who are occasionally caught by authorities with relatively small amounts do not have major responsibilities in this business. Killing them will not scare the drugs gangs away. On the contrary, it is possible that thanks to these punishments, the drugs barons can continue to justify extraordinary high prices for their goods.

On the other hand, cannabis is a natural product, a non-lethal substance. Its consumption is widespread around the world, as it has been for thousands of years among many different cultures and people. In most European countries, cannabis possession for personal consumption is not even penalised anymore. In the coming years, we expect major law changes that will allow for the cultivation and distribution of cannabis to adults in several European countries.

ENCOD strongly believes that the drugs problem can only be reduced by effective social and health policies, not by legal sanctions. Innovative strategies for addressing the issue both globally and locally are needed, and the harsh implementation of drug prohibition is a major impediment to thee introduction of these strategies. The reinforcement of policies that have failed until now will increase the lack of credibility of authorities in the opinion of the general public.

We call upon your wisdom to apply principles of sound governance and reverse the death sentence for the people mentioned above. If you believe that Malaysia needs to execute drug traffickers to please the international community, this is a huge mistake. We offer you our co-operation in order to convince European governments to support Malaysia in the creation of structures which would allow for the reduction of harm that the production, trade and consumption of illicit drugs can cause.

Sincerely yours,

On behalf of ENCOD,

Marisa Felicissimo, Belgium
Fredrick Polak, The Netherlands
Jorge Roque, Portugal
Antonio Escobar, Spain

Source: European Coalition for Just and Effective Drug Policies (ENCOD)Website