Public inquiry for all police 'shoot to kill' incidents where people get killed/injured

Another police 'shoot-to-kill' incident....and this time a young Malaysian is the victim...

The law does not authorize the police to kill persons....remember that the police only has the power to arrests suspects, and in effecting these arrests, the police is permitted to use "...all means necessary to effect the arrest." . The main purpose is to arrest....not kill.

15.  Arrest, how made.

(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested unless there is a submission to the custody by word or action.

(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 life. - section 15, Malaysian Criminal Procedure Code (Act 593)

Recent Posts:-Protest in Jakarta over Malaysian police 'shoot-to-kill' case - 3 persons killed

Malaysian Bar Council

____________________________________

Press Release

Teenager's death by police shooting is unacceptable! 

The Malaysian Bar is appalled that the police have shot and killed a teenager during a police operation.  Also troubling is the polices intolerable and offensive diversion of labelling him a criminal, which is geared at fending off blame, and is grossly unfair to his family and wholly irrelevant to the cause of death.


The excessive number of deaths by police shootings cements, in the public mind, the perception that law enforcement officers are either negligent or reckless in the performance of their duties.  Nothing less than an immediate, thorough, impartial and transparent investigation that includes a holistic and inclusive examination of all the relevant facts will assuage the publics concern regarding the integrity and credibility of the police force.


We are heartened that the authorities have reportedly classified the case as one of murder, and that the Deputy Home Minister will head a special panel to investigate the incident.  However, the Malaysian Bar reiterates its call for the powers of inquiry under Section 328 of the Criminal Procedure Code (CPC) to be invoked, and for an inquest to be carried out each time there is a fatality in the course of police operations, regardless of the circumstances.  It is in the public interest that the circumstances and cause of each such death be established by judicial inquiry and the application of judicial standards.


The police, and the Government, must take urgent action to ensure that justice is done and that stern measures are taken against any officer guilty of misconduct.  This matter must be given due priority in order to immediately redress any impunity or abuse of police power.


Our heartfelt condolences go out to Aminulrasyid Amzahs family and friends.

Ragunath Kesavan

President

Malaysian Bar



28 April 2010

AMNESTY INTERNATIONAL MALAYSIA

Press Statement

28 April 2010

                                                                                                                For Immediate Release

Public Confidence in Police Force must be Instilled

                            

Amnesty International Malaysia (AIM) regrets the actions taken by the 4 Royal Malaysian Policemen in the recent shooting incident that took place on 26 April 2010 which resulted in the death of Aminulrasyid Amzah, a 15 year old school boy. The car driven by Aminul, according to news report, came to a stop when it crashed into a tree and a concrete wall, and the policemen had opened fire, killing the victim.

AIM emphasizes that the police force have the responsibility to abide by international standards for law enforcements officials, set out in UN Code of Conducts for Law Enforcement Official and UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

Article 3 of UN Code of Conduct for Law Enforcement Official stipulates that law enforcement officials may use force only when strictly necessary.

Article 5 of Basic Principles on the Use of Force and Firearms by Law Enforcement Officials states that whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall: 

a) exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved, 

b) minimize damage and injury, and respect and preserve human life, and

c) ensure assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment.

The death of Aminul could have been avoided if these rules were complied. The Royal Malaysian Police must now regain the confidence of the public. AIM strongly urges for a transparent investigation process on this case. The policemen and the force need to be accountable for these actions. According to the UN Code, a transparent and an independent oversight mechanism should be developed consistent with international human rights standards, and to be democratically accountable to a democratic authority and the community at large. AIM hopes that the UN Code will be adhered to in the investigation process.

The fundamental right to life as enshrined in UDHR and Federal Constitution must always be upheld. The Royal Malaysian Police and Malaysian government must now take steps to observe the UN recommendations to a development of non-lethal incapacitated weapons for use in appropriate situations, with a view to restraint application of means, capable of causing death or injury to persons.  

Nora Murat

Executive Director



--
Nora Murat
Executive Director
Amnesty International Malaysia


Tel: 603 7955 2680
Fax: 603 7955 2682
www.aimalaysia. org

SUARAM

大马人民之声

SUARA RAKYAT MALAYSIA

Address:  433A, Jalan 5/46, Gasing Indah, 46000 Petaling Jaya, Selangor, Malaysia.

Telephone: +6 03 7784 3525                                Fax: +6 03 7784 3526

Email: suaram@suaram. net                                Web: www.suaram.net

Kenyataan Media: 28 April 2010

Kini Remaja ditembak mati oleh Polis:

Segera Jalankan penyiasatan secara terbuka!

SUARAM mengutuk keras dan kecewa terhadap tindakan Polis Diraja Malaysia (PDRM) yang menembak mati  individu-individu tidak kira warga Malaysia ataupun warga asing  dengan lebih kerap. Pada 16 April 2010, SUARAM telah mengeluarkan kenyataan akhbar berkaitan penembakan mati oleh PDRM terhadap dua orang warga Malaysia bernama R. Logeswaran (38) dan Satchithananthan (25) serta tiga orang warga Indonesia yang bernama Abdul Sanu, Musdi dan Muhlis¹. Kini terdapat satu lagi kes tembak mati oleh pihak Polis. Kali ini mangsanya adalah remaja yang  bernama Aminulrasyid yang berumur 15 tahun. Mangsa ditembak mati oleh pihak Polis   disyaki  terlibat dalam  satu kes jenayah yang dikatakan brlaku pada 26 April 2010 di Seksyen 11, Shah Alam .

SUARAM memandang serius terhadap semua kes tembak mati yang dilakukan oleh Polis selama ini . Kami ingin menekankan bahawa menembak mati seseorang dengan sewenang-wenangnya tanpa memberikan peluang untuk membela diri dan tanpa alasan yang kukuh adalah merupakan satu pencabulan hak asasi yang serius. Kami inginkan maklum balas segera dari pihak Polis apakah perlunya pihak polis menggunakan senjata terhadap seorang remaja yang berusia 15 tahun? Apakah profil jenayah yang boleh dimiliki oleh seorang remaja yang hanya berumur 15 tahun?

SUARAM sebuah organisasi Hak Asasi Manusia berpendapat penggunaan senjata dan tidak memberikan hak untuk  Aminulrasyid  membela diri adalah salah dari segi undang-undang  Hak Asasi dan ianya melanggari kebanyakan article dalam  Konvensyen Antarabangsa Perlindungan Kanak-Kanak (CRC) terutamanya  Artikel 16 (1)&(11) dan Artikel 37 yang memberi perlindiungan terhadap kanak-kanak bawah undang undang dan terlindung dari sebarang hukuman yang tidak berperikemanusiaan ataupun penangkapan tanpa bicara.

SUARAM memahami tanggjungawab pihak Polis untuk mencegah kegiatan jenayah di Malaysia, namun ianya tidak sesekali boleh memberikan ruang untuk pihak Polis untuk menangkap sebarang individu dan yang penting menggunakan senjata dengan sewenang-wenangnya keatas sesiapa pun dalam sebarang operasi untuk menahan penjenayah. Malah SUARAM  sebagai sebuah badan Hak Asasi juga agak risau dengan peningkatan angka  penggunaan senjata oleh pihak Polis sejak kebelakangan ini. Ini dapat dilihat apabila Kementerian Dalam Negeri menyiarkan dalam satu Kenyataan Akhbar di parlimen pada 18 Mac 2010, yang menyatakan bahawa jumlah kes tembak mati oleh polis adalah seramai 183 orang dari tahun 2007 hingga 2009.

SUARAM berpandangan kejadian kes-kes polis menembak mati suspek berlaku secara luas adalah disebabkan oleh kerana tiadanya mekanisme yang telus dan jelas tentang penggunaan senjata api oleh Polis. Malah apa yang lebih mengecewakan adalah dokumen panduan dalam menggunakan senjata api di Malaysia tidak dapat dirujuk oleh orang awam.²  Ini dengan jelas membuktikan bahawa penggunaan senjata api oleh polis tidak diimbangi oleh pemeriksaan awam dan sekaligus menyebabkan tahap akauntabiliti yang amat rendah di dalam institusi polis.

Memandangkan Kerajaan Malaysia berminat untuk bertanding untuk menjadi ahli Majlis Hak  Asasi Manusia, Pertubuhan Bangsa-bangsa Bersatu (PBB) bagi 2010-2013, adalah wajib bagi kerajaan untuk mengambil langkah untuk memastikan masalah-masalah mengenai hak asasi manusia ditangani berdasarkan prinsip-prinsip dan undang-undang antarabangsa.

Penembakan mati terhadap seseorang tanpa sebarang perbicaraan atau secara sewenang-wenangnya adalah dianggap sebagai kes pembunuhan yang serius. SUARAM menggesa kerajaan untuk membawa empat orang pengawai polis yang terlibat dalam kejadian ini ke muka pengadilan dan dibicarakan di makahmah untuk menegakkan keadilan terhadap mangsa dan keluarga mangsa.  

SUARAM menuntut agar pihak Kerajaan melaksanakan cadangan-cadangan yang dikemukakan oleh Suruhanjaya Diraja Penambahbaikan Perjalanan dan Pengurusan Polis Diraja Malaysia terutama nya menubuhkan Suruhanjaya Bebas Pengaduan dan Salah Laku Polis (IPCMC) dengan segera. Sekiranya langkah-langkah ini tidak diambil dengan segera, maka semua rakyat Malaysia  akan menjadi mangsa penyalahgunaan pihak Polis dan ini  sekaligus akan menunjukkan imej yang buruk terhadap Kerajaan Malaysia yang gagal memantau institusi kerajaan yang amat penting dalam sistem Pentadbiran negara.

Yap Heng Lung

Penyelaras  SUARAM

____________ _________ _________ _________ _________ _________ _________ ________

¹  [Kenyataan Media: 16 April 2010/Tajuk:Lagi kematian disebabkan ditembak polis:Tiada akauntabiliti di dalam pencabulan hak dan pelanggaran prinsip antarabangsa]

² [Are the police shooting to kill?]/ http://www.thenutgr aph.com/are- the-police- shooting- to-kill

³[Bab10: Memastikan Sistem Kepolisian Mematuhi Undang-undang yang Termaktub Dan Kewajipan   Hak Asasi manusia]/pg333/ Laporan Suruhanjaya Diraja Penambahbaikan Perjalanan dan pengurusan Polis Diraja Malaysia/2005

大马人民之声

SUARA RAKYAT MALAYSIA

Address:  433A, Jalan 5/46, Gasing Indah, 46000 Petaling Jaya, Selangor, Malaysia.

Telephone: +6 03 7784 3525                                Fax: +6 03 7784 3526

Email: suaram@suaram. net                                Web: www.suaram.net

致新闻总编辑：       

                                                 

                                                    文告：2010年4月28日

     青少年被警射死：涉案警员应被 提控上庭并速成立警务投诉委员会！

大马人 民之声严厉谴责大马皇家警队近日连续开枪射死案件。人民之声于2010年4月16日曾发表文告关于两民印裔同胞（R. Logeswaran ，38岁与Satchithananthan ，25岁)与3名印尼外劳（Abdul Sanu, Musdi 和 Muhlis¹）遭 警方开枪射死案后¹，不超过两个星期又发生了一名15岁少年阿 密努拉希（Aminulrasyid Amzah）在4月26日于莎亚南11区驾车遭警方从车后方开枪射毙案件。

人民之声要求警方对于这宗少年射死案件作出全面性的解释，并说明 少年阿密努拉希曾经所涉及的罪案。我 们非常不能接受警方以开四枪自保免遭撞击的原因来对此案件做结论，更何况当事者是名年全15岁的青少年。警方时常以自保来回应枪杀案，但事 实上很多当场的嫌疑者性命却不受保，最后惨被射死。

人民之声认为缺乏透明与明确的机制来管制警队的枪械使用法是导致 射杀案逐渐增加的原因。此外，社会不被允许参考警队的枪械使用法也是让公众大失所望²。这足以导致警队的枪械使用法不被公民社会机制所监督与衡量， 并导致社会对警队的信心大大减低。

除此以外，人民之声呼吁有意竞选2010至2013年联合国人权事务高级专员 办事处成员的政府马上负起责任捍卫人 权，解决一切人权遭迫害的课题，并着重于执法部队尤其警队贯彻人权意识，并在执行过程覆行人道主义。

少年阿 密努拉希被警方射死是件极为严重的课题，此案不只侵犯了基本人权以外，更使曾签署联合国儿童权利公约的政府遭受重重地打击。根据联合国 儿童权利公约第3与第6条文显示，政府需覆行责任与采取积极行动确保儿童居住的环境安全与保护儿童生存的权利。

根据联合国国际枪械军火公约《Code of Conduct for Law Enforcement Officials》显示：只有处于极度危险并极大可能威胁 本身性命的情况下方可使用 枪械自卫….执 法单位在使用枪械之前需给予清楚的警告与足够的时间予对方。此外，国家刑事程序法典《Criminal Procedure Code (Act 593)》第15（3）条文也注明 了警方不能在拘捕时把不是被判死刑或终身监禁的被逮捕者致死。虽然如此，根据内政部在今年3月18日的国会解答中说明了从2007年至2009年 共有183名人士遭 警队枪杀。

蓄意或未经确定嫌疑者身份就射杀对方是件严重的谋杀案件。人民之声要求政府把涉 案的四名警员带上法庭审讯，并确保此事件不再发生，以捍卫社会公民的基本生存权。

根据2005年皇家 调查委员会报告书中显示大马皇家警队的滥权事件与频频侵犯人权的课题是警队面临最考验的事项³。 因此，人民之声呼吁政府落实皇家调查委员会报告书中的125项建议，并马上成立监督警察滥权委员会《IPCMC》

叶兴隆

大马人民之声协调员

It's time for Malaysia to abolish the death penalty...

Pardons are given by Sultans....and that is why we are looking at the Pakatan Rakyat states to start the ball rolling by at least commuting death penalties to imprisonment sentences...

PETALING JAYA: The Govern­ment should abolish the death sentence, said former Suhakam commissioner Datuk N. Siva Subramaniam.

“I feel rather disturbed that there are about 100 people on death row, some for many years,” he said.

He said he was not saying that the pardon system was not working, but that it was “rather slow”.

Siva was one of panellists at the “Human Rights in Malaysia under the New Economic Model” forum held at Universiti Tunku Abdul Rahman (Utar) here yesterday.

“Waiting for the death sentence to be carried out is a bigger punishment than when the judge passes the sentence,” he said.

On another matter, Siva said the people born in this country should be given proper documentation to take over jobs held by foreign workers.

“The Government must speed up the process of giving birth certificates and identification cards to those born here.

“This issue should not be raised only during elections,” he said in reference to the matter being raised in the Hulu Selangor by-election campaign.

Other panellists were Serdang MP Teo Nie Ching and Wong Nai Chee from the MCA National Youth Bureau. The forum, moderated by Utar Centre of International Studies chairman Dr Stephen Leong, was organised by the university’s Centre for Social Change and Trends. - Star, 27/4/2010, Siva: It’s time to abolish death sentence

Detention Without Trial - Under the Dangerous Drugs (Special Preventive Measures) Act 1985 - A SUARAM Statement

Press Statement: 26 March 2010

 

Blatant Abuse of Power by the Police in Latest DDA Arrest:

Release Actor Benjy Immediately!

 

SUARAM condemns and expresses its grave concerns over the arrest of actor Khaeryll Benjamin Ibrahim @Benjy under Section 3 of the Dangerous Drugs Act (Special Preventive Measures) 1985 (DDA), which provides for detention without trial up to 60 days, just minutes after he was released by the Magistrate's Court. No grounds were given as why he was arrested under section 3.

 

Benjy was freed yesterday (25 March 2010) on a RM2,000 bail with one surety but he was re-arrested by a group of 10 plainclothes personnel at 2.50pm, immediately after his mother, actress Azean Irdawaty, posted bail. None of the arresting policemen informed his mother the reasons of Benjy’s re-arrest and instead referred her to their superior officer for more information. Even the lawyers representing Benjy was not allowed by the police to assist Benjy.

 

Abuse of power and contempt of court

The re-arrest of detainees after being freed by the court is an outright abuse of the system by the police and the government. The use of the DDA or any other preventive detention laws leave those arrested with almost no recourse against wrongful arrest and detention. Worst still, the detainee will most likely face traumatic experiences in the first 60 days of detention under the DDA. SUARAM has documented numerous allegations of flawed police investigations and acts of torture, inhuman and degrading treatment by the police to obtain confession under duress from the DDA detainees.

 

The use of the DDA, particularly in instances where individuals have already been freed by the court such as the latest case of Benjy, is a blatant abuse of power by the police. Not only has the police disregarded the Magistrate Court ’s decision to release him on bail by detaining him without trial for 60 days, the DDA further confers powers to the Home Minister to sign two-year detention orders which can be renewed indefinitely at the end of the initial 60-day detention. The Home Minister’s decision cannot be challenged in court.

 

No justification for DDA (the other ISA )!

SUARAM recognizes the responsibility of the Malaysian government to curb crimes and to deal with drugs dealers, drug addicts, criminals, gangs and syndicates. Notwithstanding this, there is no justification for the government to resort to the use laws such as the DDA which violate human rights.

 

In societies governed by the rule of law, any person suspected of committing a crime is presumed innocent until proven guilty by a court of law which complies with international fair trial standards. The use of the DDA, however, is clearly in contravention of this universal principle. As such, like the ISA , the DDA has no place in any civilized society!

 

SUARAM stresses that the arbitrary detention of any individual without trial is a gross violation of fundamental human rights which clearly contravenes Article 5(3) of the Federal Constitution.

 

Release Benjy and all other DDA detainees! Abolish the DDA!

SUARAM therefore demands the police to release Benjy immediately and unconditionally.

 

SUARAM further strongly calls on the government to abolish the Dangerous Drugs (Special Preventive Measures) Act (DDA) and other detention-without- trial laws. Those held under these laws must be charged in court or released unconditionally.

 

 

 

Released By,

 

 

 

 

Nalini, E

Coordinator

Campaign against Detention without Trial

SUARAM

Victim of Police Shooting still seeking justice - Malaysian police can shoot injure/kill the innocent and will not be penalised (or the victim compensated)?

Gunshot victim Norizan meets home minister (Malaysiakini, 1/4/2010)

Norizan Salleh, a 30-year-old single mother who was mistakenly shot five times by police officers last year, finally got her wish to take her grouses to Home Minister Hishammuddin Hussein.

Norizan (right in photo) plans to sue the police force for the serious injuries inflicted by the gunshots when she was travelling in a car with friends on Oct 30, 2009.

She had earlier sought a meeting with the minister to hand over a protest memorandum, but this was turned down.

Accompanied by her lawyer N Surendran, Norizan spoke to Hishammuddin in his office in Parliament for about 10 minutes demanding for justice over the ordeal she had suffered.

During her visit at about 10.20 am, Norizan handed a memorandum to Hishammuddin demanding an investigation against the police officers who shot her.

Hishammuddin did not comment on the matter but a statement was read to reporters by his parliamentary secretary, Markiman Kobiran, said that he will look into the matter and get feedback from the police.

The home minister had told Parliament last month that the Attorney-General's Chambers found no reason to pursue the matter.

"The case has been investigated under Section 307 of the Penal Code for attempted murder. The investigation papers have been sent to the deputy public prosecutor who decided not to take any further action on the case."

'Gun pointed at me'

Prior to her meeting, Norizan told reporters that she has no criminal record and criticised the police for their “brutal” treatment and for refusing to foot her RM18,000 medical bill.

Recalling the Oct 30 incident, Norizan said she was seated at the back of a vehicle along the Middle Right Road II in Gombak when a police patrol car rode abreast.

She said when she turned to look at the patrol car, she saw a police personnel pointing a gun at her and she immediately ducked. A hail of gunfire followed.

"When we pulled over and I realised I had been shot. The most serious wounds were to my right arm which was shattered by two bullets while another was lodged in the middle of my chest, narrowly missing my heart."

Two more bullets had grazed her arm and torso.

When her vehicle came to a stop, Norizan said she crawled out of the car and she was kicked and stomped on by a police personnel. She claimed that they were from the Sentul district police headquarters.

She later learned from the police personnel that the car she was traveling in was reported stolen in Alor Setar, Kedah.

Following this, Norizan was at the Kuala Lumpur general hospital and National Heart Institute for 12 days where she underwent numerous surgeries to remove the bullets.

She claims that she was told by hospital staff that the police had classified her case as a road accident.

'They were unarmed'

Previous news reports said the car was fitted with a false registration plate and had dangerous weapons such as axes, machetes, knives, falsified road tax stickers and several car keys were found in the vehicle.

The male suspects in the vehicle were later charged in court for the possession of dangerous weapons, obstructing the police from carrying out their duties and failing to produce their identity cards.

Norizan and another female occupant are witnesses in the case.

She has since approached the Bukit Aman Police Headquarters, human rights commision (Suhakam) and MCA complaints' bureau to demand justice and compensation to no avail.

Surendran said his client has no other recourse than to sue the police for damages and to ensure that they be punished for the incident.

"(Imagine) our shock and disappointment despite clear evidence of wrongdoings... the home minister said that the police acted properly," said Surendran.

He added that laws are clear that police can only shoot if there indication of actual danger to them.

"But these were unarmed people... what's the justification? It's a false story by the police, they said they acted in self-defence and said that her car was trying to ram theirs.

"But I can provide evidence because their car was fired on from the back... how could they say they were trying to ram the police while the shots were fired from the back?” he asked.

Minister shows no remorse

Parliamentarians Tian Chua (PKR - Batu), Charles Santiago (DAP - Klang), S Manikavasagam (PKR - Kapar) and Zuraidah Kamaruddin (PKR - Ampang) also lashed out at the authorities for their indifference.

"The minister did not take any responsibility (and has) no remorse. I hope this is not an isolated cause because there have been many times concerning police abuse of power and violence," said Chua.

Zuraidah, on the other hand, praised the Selangor government, which donated RM10,000 to Norizan for her medical expenses.

Santiago added that it is appalling that the government had turned its back on Norizan and others who had suffered at the hands of the authorities.

"She needs justice. Set up inquiry and ensure the culprits face the music," he said.

Earlier, the government had decided not to take action against the Police and the policemen involved...

The government has reiterated its refusal to take action against the police for mistakenly shooting 30-year-old single mother Norizan Salleh five times.

Home Minister Hishammuddin Hussein told the Dewan Rakyat that the Attorney-General's Chambers found no reason to pursue the matter.

"The case has been investigated under Section 307 of the Penal Code, for attempted murder. The investigation papers have been sent to the deputy public prosecutor, who decided not to take any further action over the case."

Hishammuddin was replying to a question from Teluk Intan MP M Manogaran, who inquired if any disciplinary or legal action were taken against the police officers involved.

Elaborating, Hishammuddin said it was found that Norizan was in the company of others who were allegedly committing a crime.

"The police had to open fire as the suspects tried to ram into a police vehicle, despite being ordered to halt. Norizan was hit by bullet fragments.

"Furthermore, police investigations have concluded that the suspect's vehicle was reported to have been stolen," he said.

During the incident along the Middle Ring Road II in Kuala Lumpur last October, Norizan miraculously survived five gunshot wounds.

She claimed that she was later dragged out of the car and further assaulted, resulting in a broken rib.

The incident left Norizan with a permanently damaged hand. A bullet lodged close to her heart was also removed. The incident left her with RM18,000 medical bill.

She later took her case to the the Human Rights Commission and federal police headquarters for action against the police personnel involved but her complaints have fallen on deaf ears.

Norizan even tried to set an appointment with Hishammuddin to air her grouses but the latter has refused to meet her.- Malaysiakini, 25/3/2010, Hisham: No action against Norizan's shooters

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