MADPET is for the Abolition of Death Penalty, an end of torture and abuse of rights by the police, an end to death in custody, an end to police shoot to kill incidents, for greater safeguards to ensure a fair trial, for a right to one phone call and immediate access to a lawyer upon arrest, for the repeal of all laws that allow for detention without trial and an immediate release of all those who are under such draconian laws.
Taiping Prison – Only 5(or 6) Charged
When 60 Tortured 100 Detainees ABSURD And Unacceptable – NO ‘Representative’ Or
‘Selective’ Prosecution, All Should Be Charged
No charges yet for Public Officers
who destroyed CCTV evidence, made false reports and even ‘LIED’ during SUHAKAM
Inquiry
It is deeply concerning that ONLY
Five prison officers were charged in the Magistrate's Court with injuring three
inmates at Taiping Prison in separate incidents last January. (Malay Mail,
3/7/2026). The SUHAKAM Inquiry revealed that there were about 60
Prison officers that were involved in inflicting violence on about 100 inmates,
who were already subdued and handcuffed, when the said officers assaulted, beat
them with batons and even sprayed pepper spray on their eyes. Justice will not
be served if only a few, and not all, are charged and tried for their crimes.
Thus, MADPET (Malaysians Against
Death Penalty and Torture) urges that ALL prison officers that inflicted
torture and violence of these detainees ought to be Charged and Tried in Court,
and the Court only, after a fair trial, will decide on guilt, and if convicted
be punished according to law.
Note that following orders is NO
defense for crimes committed, as no prison officer should commit crimes, and any
Public Officer has the right to disobey orders requiring him/her to break the
law.
With the charging of the 5, now 6
in total, noting that one was charged earlier for the crime under Section
304(b) of the Penal Code (NST,
15/6/2026). The 5 now have only been charged for crimes under Section
323 (voluntarily causing hurt) or section 324(Voluntarily causing hurt by
dangerous weapons or means). Why have all the other prison officers that beat,
kicked, used pepper spray and tortured the detainees not been charged? Did they
not break the law? Even, if they were ‘bystanders’ who did not personally inflict
torture, they would still have committed crimes, more so since they were public
officers responsible for the safety of all detainees under their care.
What About The CRIME Of Lies, False Reports And
Destruction Of Evidence?
The alleged perpetrators of these
crimes are PUBLIC Officers and the fact that evidence was destroyed, that they
made FALSE reports and even LIED during also the SUHAKAM Public Inquiry are
very SERIOUS offences, for which they must also be charged and tried in Court.
This was also raised by Kepong MP
Lim Lip Eng, where he was reported as saying, “The question is, why haven't
those suspected of filing false reports, approving false information,
falsifying medical records, and attempting to cover up the truth been publicly
charged yet?” Oriental Daily News reported him saying. (Vibes,
4/7/2026) ‘…Lim stressed that accountability must extend across the entire
chain of command, not only to lower-ranking officers directly involved in the
alleged abuse. “Those who commit violence must face the law. Those who file
false reports, falsify records, and those who cover up or condone such acts
will also not escape responsibility,” he said…’
If public officers, who did
destroy evidence and LIED, are not now charged in Court, then it creates a
public perception that this MADANI government and the Home Minister is once
again protecting the criminally liable, and worse it impacts of the INTEGRITY
and character of all Public Officers in Malaysia.
MADPET and most Malaysians want honest
and good PUBLIC Officers – and now, there is growing DISTRUST. How can we ever
believe a government and/or its public officers, when it seems that destroying
or tampering with evidence and LIES are deemed alright when perpetrators for
such crimes are not charged and tried in Court?
MADPET urges that all those
Public Officers, which may also include superiors and even the Minister, who may
have been involved in the crimes of tampering/destroying evidence, making of
false reports and LIES be charged. Those who ORDERED, INSTRUCTED or CONDONED such
actions must never be allowed to escape criminal liability.
What About Those Who DELAYED Access to Healthcare,
Which Could Have Saved a Life?
SUHAKAM’s Inquiry Report revealed that the deceased, Gan Chin
Ying, who died on January 17, 2025, was left unattended by the doctor and/or
medical personal for about 40 minutes. He was then transported to the Taiping Hospital
(just about 2Km away), in a prison van(not an ambulance) and again unattended during
transportation by any medical personal. If the said now deceased Gan was
speedily send to the nearby government hospital, there is a possibility that he
would not have DIED.
Surely, the failure to immediately transport the patient to
that very near hospital, and the conduct if the attending medical personal is a
CRIME that also led to his death. They could be charged for at the very
least for a Section 304A (Causing
death by negligence) offence, which carries the sentence of ‘…imprisonment for
a term which may extend to two years or with fine or with both…’
For Prisons and Detention – NO Outsourcing
Healthcare to Private Doctors/Clinics
The recent Taiping Prison incident also raises an important
question, as to whether the Government has OUTSOURCED healthcare for detainees in
prisons and other government detention facilities to the private sector –
private doctors, clinics and hospitals?
MADPET urges that healthcare of detainees in government
detention facilities should NEVER be outsourced, and should always be under the
Ministry of Health.
In fact, all Detention facilities housing more than a 100 should have a
permanent government clinic operating 24 hours within the premises with
relevant medical staff.
Why did the Taiping Prison authorities NOT immediately call
the Taiping Hospital to dispatch ambulances and medical staff when about 100
detainees were injured or seriously injured after that incident of torture and
violence? For detention facilities far from government hospitals, there should
also be an ambulance on 24 hour stand-by. Lives can be saved with speedy proper
medical care.
The use of private doctors also raises another RISK – will
they also LIE or file false reports just to protect their ‘contracts’ – which may
have also happened here, based on SUHAKAM’s Inquiry Report. Medical
Reports/Documents were ‘fabricated’ to protect the perpetrator. According to a
medical document that SUHAKAM highlighted, Gan Chin Ying’s injuries was caused
allegedly because a fall in the toilet – NOT because of the torture and
violence inflicted by prison officers.
Public Officer Doctors, who do not have to protect any
‘contractual relationship’, may be more ethical and honest.
MADPET also is appalled in the DELAY in the charging of the 5
for crimes that occurred in January 2025. When a crime happens in a government facility, and the
perpetrators are Public Officers, a speedy investigation and prosecution is best;
MADPET also demands that all Prison Officers to be
mandatorily required to wear Body-Cams whilst on duty;
MADPET also demands that all CCTV recordings of places of
detention be immediately transmitted to a central documentation center as this
will prevent destruction of crucial evidence. On site recordings, as proven yet again, can be
tampered/destroyed easily to protect perpetrators of the crime. The crime of
tampering/destroying CCTV or Body-Cam recordings must carry a deterrent
sentence;
MADPET believes that it is MOST important that SUHAKAM
(Malaysian Human Rights Commission) and/or its delegated representative be
given the right to be able to immediately access to places where there may be
an alleged human rights violation. Now, the law allows for ‘red-tape’ delays by the
authorities in charge of such places. This give time for destruction/tampering
of evidence;
Thus, Section 4(2)(d) of the Human Rights Commission of
Malaysia Act 1999 need to be amended to allow SUHAKAM and its delegated
representative to have immediate access without any ‘red tape’ that can delay
access and possibly undermine Justice being done;
MADPET also calls for the criminalizing the act of lying or
providing false testimony by any witness, who does so, after taking the oath to
speak the truth during a SUHAKAM Inquiry. It must be an offence in the Human Rights Commission
of Malaysia Act 1999, that stipulates also a deterrent sentence. Likewise, the
refusal of a witness summoned but refuses to attend should be criminalized;
MADPET also calls for the repeal of Section 15(2) of the
Human Rights Commission Of Malaysia Act 1999, which says, ‘(2) No person shall, in respect of
any evidence written or oral given by that person to or before the Commission,
be liable to any action or proceeding, civil or criminal in any court except
when the person is charged with giving or fabricating false evidence.’ If
one breaks the law, he/she should be liable to be charged for any applicable
criminal offence, and also disciplinary action. Likewise, the evidence that emerges
in any inquiry, should not be prevented to be used in civil suits commenced by victim
(or families of the deceased victims) against said perpetrator in their quest
for Justice.;
MADPET also calls for the enactment of laws specifically for
offences of Public Officers where Torture, Causing Hurt or Death and law
breaking happens during the course of the public service duties; and
MADPET reiterates that Malaysia should enact laws
criminalizing TORTURE, enforced disappearance and extra-judicial killings, whereby a failure can lead to a
perception that the government is not against such crimes.
JUSTICE MUST NOT ONLY BE DONE, BUT
MUST ALSO BE SEEN TO BE DONE
Charles
Hector
For
and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
Five Taiping Prison officers charged over alleged baton attacks on inmates
The facade of the Taiping Prison is shown in this undated photograph. — Penjara Taiping pic
First Published: Friday, 03 Jul 2026 2:50 PM MYT
TAIPING,
July 3 — Five prison officers were charged in the Magistrate's Court
here today with injuring three inmates at Taiping Prison in separate
incidents last January.
All of the accused — Mohd Hairie Jumri,
40; Saiful Azman Mohamad Ibrahim, 44; Ahmad Rizal Razali, 37; Muhamad
Mustakhim Abdul Rahim, 40; and Nor Hafiz Izwan Muhammad Jajam, 31 —
pleaded not guilty to the charges.
In
the court before Magistrate R. Prabakaran, Mohd Hairie and Saiful Azman
are jointly charged with intentionally causing hurt to P. Jason
Immanuel, 25, using a baton at Hall B, Taiping Prison, Jalan Taming Sari
here, between 3pm and 4pm on Jan 17, 2025.
The charge was brought
under Section 324 of the Penal Code, read together with Section 34 of
the same Act, which provides for a maximum prison sentence of 10 years, a
fine, or whipping, or any two of the punishments, upon conviction.
The
two prison officers, an inspector and a sergeant, respectively, were
allowed bail of RM4,000 each with two sureties and ordered to report to a
nearby police station on the first day of every month pending the
disposal of the case.
The court set Sept 7 for mention and the submission of documents.
In
the same court, Ahmad Rizal, also a prison inspector, was charged with
voluntarily causing hurt to V. Naveen Kumar, 32, at the same location
between 3pm and 4.15pm on the same date.
The
charge was brought under Section 323 of the Penal Code, which carries a
maximum penalty of one year in prison, a fine of up to RM2,000, or
both, upon conviction.
He was allowed bail of RM3,000 with two sureties. The court set Sept 7 for the submission of documents.
The accused were represented by lawyer Aqmarul Aqil Ismail, while Deputy Public Prosecutor Farihah Adilah Fazial prosecuted.
In
the court before Magistrate Ahmad Hamdi Mustafar, Muhamad Mustakhim and
Nor Hafiz Izwan were jointly charged under Section 323 of the Penal
Code, read together with Section 34 of the same law, with voluntarily
causing hurt to G. Yugarajan, 30, between 3pm and 4pm at the same
location and date.
Magistrate Ahmad Hamdi allowed them bail of
RM2,000 with one surety each and fixed Sept 8 for mention for the
submission of documents.
Deputy Public Prosecutor Nazura Azman
prosecuted, while lawyers Amirul Fairuzzeen Jamaluddin and Mohd Aidil
Arsad represented Muhamad Mustakhim, and Nor Hafiz Izwan was represented
by lawyer Aqmarul Aqil Ismail. — Bernama - Malay Mail, 3/7/2026
KINIGUIDE | How inmates who refused inhumane conditions were beaten, framed for riot
KINIGUIDE
| When 107 inmates awaiting High Court proceedings were moved from the
Batu Gajah Correctional Centre to Taiping Prison on Jan 16, 2025, little
did they know they would be beaten, stomped, and walked on by prison
officers.
Though dubbed a prison riot, CCTV evidence reviewed by
Suhakam found that prison guards - not the inmates - perpetrated the
physical violence.
Malaysiakini unpacks the 261-page Suhakam report and details what exactly happened.
What happened before the ‘riot’?
The inmates were transferred to Taiping Prison due to overcrowding at the Batu Gajah Correctional Centre.
Upon
arrival at the prison, a shouting match erupted between some inmates
and a prison guard after they were barred from bringing personal items
such as clothes for security reasons.
The detainees were placed in Hall B overnight for further security checks and measures.
The plan was to house the detainees in Block E - a place they did not want to go.
What was wrong with Block E?
Simply put, Block E was not fit for human use.
The
only toilets were buckets; it was unsafe, dirty, and deemed unlivable,
as testified by witnesses during investigations. When it rained, water
would enter the cells.
Taiping Prison’s toilet bucket system
The block had been closed since 2021 after the Public Works Department found it unsafe to occupy without major repairs.
On
the day the 107 were supposed to be moved, Jan 17, the detainees held
four discussions with the prison officers, including the prison’s deputy
director, Shahrul Izzat Hami, pleading to remain at Block B or be moved
to the remand block instead.
Their request was denied.
How did the ‘riot’ start?
At
4pm on Jan 17, the inmates - who had been chatting, resting, and
sleeping - were given one minute to get ready and leave for Block E.
After
one minute, a group of about 58 prison guards stormed in - many clad in
armour and wielding shields, batons, and pepper spray.
Another 65 were lined up outside Block B.
After the guards swarmed in, the inmates were instructed to sit on the floor cross-legged with their hands on their heads.
Before entry, the guards were instructed by Shahrul to only use force if the inmates acted violently.
Taiping Prison guard body armour, batons, shield, and pepper spray
However, those instructions were not followed.
CCTV
footage showed a group of guards shoving an inmate at the back of the
hall, while another officer was recorded kicking another inmate who was
already lined up. This triggered an uproar from the inmates.
Then
one by one, they were dragged out from Hall B and shoved, hit by batons,
and kicked in the back as they made their way to Block E. Only a few
were spared from violence, according to Suhakam’s notes on the CCTV
footage.
Several of those waiting in line on the floor were also hit on the head with batons, while others were pepper-sprayed by guards.
One of the inmates beaten repeatedly was Gan Chin Eng, 61, who would die not long after.
The attacks occurred while Shahrul watched.
Suhakam
noted that throughout the transfer and attacks, the CCTV did not record
any instance of inmates retaliating or acting violently towards the
guards.
Did Gan receive medical treatment?
Gan received severely delayed and negligent medical attention.
After being beaten and kicked by guards, he was seen wheezing and in a weakened state during the transfer to Block E.
Deceased prisoner Gan Chin Eng
Inside
Block E, he collapsed on the floor. While fellow inmates tried to help
and fan him, at least seven guards nearby ignored his condition.
Only after persistent pleas from detainees did a sergeant order that Gan be carried to the main gate on a stretcher.
At the gate, a medical officer attached to the prison examined him and found he had unstable oxygen levels.
While
the doctor claimed Gan was transported to a hospital within five to
eight minutes of arriving at the gate, CCTV footage showed the injured
inmate was left waiting for over 30-40 minutes.
During this delay,
the Suhakam report noted that the doctor left Gan unsupervised to meet
Taiping Prison director Nazri Mohamad in the canteen.
Gan was eventually transported in a prison van that lacked medical equipment and was not accompanied by any medical staff.
He was pronounced dead at Taiping Hospital shortly after arrival, following 15-20 minutes of unsuccessful CPR.
In
his referral letter to the hospital, the doctor reportedly wrote that
Gan’s injuries were due to an “alleged fall in the toilet” based on the
testimony of two other inmates.
However, both inmates categorically denied ever making such a claim.
What happened to the rest?
Following
the incident, 24 detainees were sent to Block C, the isolation block,
while the remainder were moved into the dilapidated Block E.
On
the night of the incident, the prison’s two medical officers visited the
inmates and cleaned the wounds of those seriously injured. However,
they were only given gauze bandages, and no wounds were stitched, even
for those with head injuries.
Stitching was only carried out the next day, with one inmate receiving stitches three days after the incident.
Medical
examinations days and weeks later found that detainees suffered serious
injuries, including fractured ribs and burst eardrums.
Map showing the distance between Taiping Prison and Taiping Hospital
Some of the injured were only sent to a hospital for further treatment after complaining during court proceedings.
Meanwhile,
the prison management initially intended to take disciplinary action
against the 24 who were isolated, claiming they had started a riot.
In
the days following the transfer, the prison management withheld
necessities and hygiene supplies, including soap, toothbrushes,
mattresses, blankets, and slippers.
Detainees were forced to wear
blood-stained clothes for two weeks and were only permitted to bathe
using water from a dirty basin that was usually reserved for cleaning
toilet buckets. They were not permitted to use a bigger basin that was
meant for bathing.
Furthermore, the management blocked family
visits and telephone access, which prevented them from informing
outsiders about what happened.
However, Nazri claimed that visits and phone access were being prioritised for Chinese inmates because of the Chinese New Year.
How did this get framed as a prison riot?
Suhakam’s
public inquiry panel found the framing of the incident as a “riot” was a
deliberate narrative created by prison management as an “afterthought”
to cover up guard brutality.
The human rights commission also
accused Shahrul of instructing one of the guards to lodge a false police
report about the incident.
In the report, the guard claimed that the inmates had acted aggressively and attacked guards, forcing them to retaliate.
Suhakam
asserted that claims by guards that an inmate had issued a rape threat
against one of their wives were a lie that they concocted together.
The
commission said that to support this narrative, prison doctors
manipulated medical records with notes such as “post provocation riot”
and “hostile inmate started riot”.
What action was taken?
Despite
the Prisons Department's internal investigation confirming standard
operation procedure violations and guard violence, no disciplinary
action was taken against the officers involved.
Officials cited a
“double jeopardy” policy, claiming administrative action could not
proceed while a police investigation was ongoing - a justification the
inquiry panel found legally flawed.
Instead, the department
executed administrative transfers, moving the director to a state office
and six other officers to the Kamunting Correctional Centre.
The
police investigation, which initially focused only on Gan’s death under
Section 302 of the Penal Code for murder, was criticised for being
non-comprehensive regarding the other assaults.
Eventually, one officer was charged under Section 304(b) for culpable homicide related to Gan’s death.
The
Home Ministry, in a written Parliament reply on June 23, 2026, said the
ministry and the Prisons Department were taking follow-up action on
Suhakam’s recommendations.
One action included the gradual abolition of the toilet bucket system.
What did Suhakam recommend?
The inquiry panel issued several urgent recommendations to prevent future tragedies:
For
the police to conduct a separate, transparent investigation into the
guard violence and the filing of false reports, leading to immediate
prosecutions.
For Taiping Prison to be decommissioned as a
detention facility due to its hazardous condition and status as a
heritage site, with a new prison built elsewhere.
For the toilet bucket system to be immediately abolished and replaced with modern sanitation to uphold prisoner dignity.
For authorities to address prison overcrowding and reduce the long remand periods that contribute to institutional tension.
For
prison medical staff to be placed under the direct supervision of the
Health Ministry to eliminate “dual loyalty” and ensure independent care.
For
Malaysia to ratify the UN Convention Against Torture and enact specific
anti-torture laws to criminalise all forms of cruel or degrading
treatment.
For the government to strengthen Suhakam’s
statutory powers to allow unrestricted, unannounced access to all places
of detention. - Malaysiakini, 25/6/2026
Kepong MP questions delay in alleged abuse charges at Taiping Prison
Lim urges authorities to broaden
its investigations saying the prosecution of five guards accused of
assaulting detainees should mark the beginning of accountability efforts
and not the end of the case
Updated 2 days ago · Published on 04 Jul 2026 10:40AM
Lim Lip Eng calls for full accountability in Taiping Prison assault case - July 4, 2026
KEPONG Member of Parliament Lim Lip Eng
has called for a comprehensive investigation into alleged misconduct at
Taiping Prison, following charges against five prison guards accused of
assaulting detainees, insisting that responsibility should extend beyond
frontline personnel.
He said the Malaysian Human Rights
Commission’s (SUHAKAM) findings suggested possible excessive use of
force by prison staff, including allegations involving baton and pepper
spray abuse, as well as the submission of false police reports and
falsified medical records.
“The question is, why haven't those
suspected of filing false reports, approving false information,
falsifying medical records, and attempting to cover up the truth been
publicly charged yet?” Oriental Daily News reported him saying.
Lim said the case involving detainee Gan
Chin Ying, who died on January 17, 2025, had only seen a manslaughter
charge brought nearly 11 months later against a prison guard, while five
additional guards were charged only after the Human Rights Commission
released its findings on May 25 this year.
He questioned whether the case would have
remained unresolved without sustained pressure from the victim’s
family, public scrutiny and the commission’s investigation.
“If it weren't for the family's
insistence on pursuing the case, the public's continued attention, and
the Human Rights Commission's investigation, would this case have been
buried long ago, and would the truth have continued to be covered up?”
he said.
Lim stressed that accountability must
extend across the entire chain of command, not only to lower-ranking
officers directly involved in the alleged abuse.
“Those who commit violence must face the
law. Those who file false reports, falsify records, and those who cover
up or condone such acts will also not escape responsibility,” he said.
He urged the Royal Malaysia Police and
the Attorney General’s Chambers to provide a public update on the
investigation into alleged false reports and falsified medical records,
including identifying those involved and clarifying when prosecution
decisions would be made.
“Prisons are not above the law. Detainees
lose their freedom, not their human rights, much less the right to be
beaten, framed, or silenced at will,” he added. - July 4, 2026, VIBES
Taiping Prison – No Task Force or
Cabinet Committees, NFAs or Other Delays, Just Prosecute fast Prison Officers
that TORTURED and assaulted about 100 detainees causing serious injury and 1
death
Justice DELAYED is Justice Denied
Malaysia, sadly, has a bad track record of successfully
investigating, prosecuting and convicting public officers, including law
enforcement officers, that have committed crimes of torture, and even causing death,
many a time in government premises and/or in the presence of other public
officers.
SUHAKAM (Malaysian Human Rights Commission) public inquiry findings
dated 25/5/2026 into Taiping Prison incident of 17/1/2024 dated also exposed
LIES and false reports by public officers which were exposed by credible CCTV
evidence during the Inquiry, cases of destruction of evidence, and also the
failings of the police investigations. The incident left ONE dead, and about
100 over detainees injured, some grievously, whilst being hand-cuffed.
Bad Record of
Prosecution and Conviction of Public Officers
How many public officers in Malaysia have been charged, and
successfully convicted for crimes of extrajudicial killings or ‘murder’ or
torture in Malaysia?
The ‘…Home Minister Saifuddin Nasution Ismail said today a
total of 327 criminals were shot dead by police in 193 cases between 2015 and
2025... Malaysian citizens accounted for the highest number of criminals shot
dead at 172 people, followed by 68 Indonesians, 24 Vietnamese, 23 Filipinos,
seven Myanmar nationals, three Africans, two Bangladeshis and one Thai….’ (FMT,
10/2/2026) How many police officers have to date been charged in court for
these extrajudicial killing or murder, and mind you, it is the Court that
determines Guilt, or considers any possible police’s defence and acquits them
or NOT?
Likewise, it terms of the many deaths in custody over the
years. ‘…A total of 42 deaths in custody were recorded in 2025, says Home
Minister Datuk Seri Saifuddin Nasution Ismail. He said the figure comprised
eight cases in prison and 34 under police care including 22 deaths while under
police detention and 12 in police lock-ups…’(Star,
5/2/2026). It may be true, that some of the deaths could have been by
reason of natural causes, but it has also been shown that many of these deaths
are by reason of torture, beatings or other acts/omissions of public officers. Again,
the question is about the number of public officers have been charged, and successfully
convicted? The Civil Courts have on several occasions have found these officers
liable – thus why no successful criminal convictions is a relevant question.
WORRY About Government Delays and Failure to Charge
in Court Public Officer Crime Perpetrators
MADPET (Malaysians Against Death Penalty and Torture) is
appalled that Home Minister is now vaguely talking about conducting ‘further
investigations into the findings and conclusions of…’ the Human Rights
Commission of Malaysia (SUHAKAM) rather that clearly stating that Government
will act towards ensuring that all those criminally liable will be charged
forthwith for the crimes committed. (Malay
Mail, 8/6/2026). The Minister’s statement would have been clearer if he
assured us that all criminally liable will be promptly investigated, charged in
Court, tried and convicted if found guilty by Court. However, the Minister’s
statement is vague.
MADPET worries that the Government may yet again NOT
speedily act and charge ALL crime perpetrators, but may DELAY and focus rather on
investigations to counter the findings of SUHAKAM, as it has done before with
regard to SUHAKAM’s finding on enforced disappearance. And, the end result, may
yet again be that none of these public officers are charged, tried and
convicted - JUSTICE will not be done.
In this case, SUHAKAM found that the torture, beating and
violence was INITIATED by the Prison officers against 100 plus detainees (who
were not criminals convicted serving their sentence, but
detainees who could not afford BAIL, or denied Bail by law who are still
waiting for their trials to begin/continue and end).(SUHAKAM
Findings Report; SUHAKAM
Media Statement 25/5/2026). When the torture commenced, the detainees were
already hand-cuffed in the back, but were still subjected to beatings, assaults
using wooden and metal batons, and even had their eyes sprayed with pepper
spray.
It is disappointing when the Home Minister still now says
that he is ‘very proud’ of the Prisons Department. ‘As for the reputation of
the Prisons Department throughout my three years here, I am very proud of
this department,” he said….’ (Malay
Mail, 8/6/2026).
This makes one wonder whether the perceived government’s attitude
and/or conduct of ‘protection’ of public officers may be TRUE.
Is it because the Minister and/or State wants to still project
the impression that the Government and its public officers are perfect and will
do no crimes? Now, if public officers are found guilty of committing crimes
whilst on duty – blame will naturally also fall on the responsible Minister and
Government, who failed in their duty and responsibility to ensure a CLEAN
government with good public officers.
This is a MYTH, for there will always be ‘bad apples’ – and what
the government must do is NOT cover-up their crimes, but take a strong stance
that they be investigated, charged, tried and convicted, and if found guilty, a
good government will also get rid of any ‘bad apples’. That is what the public
expects of any good government.
No DELAY – just
Charge ALL who Broke the Law FAST
MADPET is deeply concerned that the Home Minister and/or
Government may yet again form some ‘Task Force’ to ‘investigate’ SUHAKAM’s
findings, and thus delay taking action against the criminal perpetrators.
What the government did then, was to form a Special Task
Force(STF) to look into SUHAKAM’s findings, and then the Task Forced Report was
classified secret and Malaysians are still waiting for access to these reports.
Did the STF agree with SUHAKAM or not? If it agreed with SUHAKAM, why no action
to identify the criminal perpetrators and charge them yet? Were they acting on
their own or following someone’s orders?
In civil suits commenced by the families of said Raymond Koh
and Amri, they had to apply for an order to get access to this STF report, and
High Court did finally order access but with conditions. In Amri’s case, the
court ordered the government – ‘…The High Court here today ordered the limited
release of a special task force report that is classified as an official secret
on the disappearance of activist Amri Che Mat within 30 days… Norhayati is
prohibited from sharing the report with any member of the public, except for
her lawyers…’(Malay
Mail, 9/5/2023). She, subsequently won the case in November 2025.
No action, be it investigations and/or the charging of those
criminally liable has happened yet.
In short, does this support the ‘suggestion’ of COVER-UP,
possibly to ‘protect’ public officers and, maybe also the POLICE/State/the
Minister responsible or the government? Other factors could also be the reason why
no one was charged for crimes committed may be the failure of prosecution to
obtain sufficient evidence to charge someone in Court, and, if so, the public
must be informed.
MADPET hopes that in the Taiping prison case, such considerations
that delay JUSTICE do not prevent the criminally liable from being charged, and
properly prosecuted and possibly convicted.
Note that the Federal Constitution in Article 8(1) says that ‘(1)
All persons are equal before the law and entitled to the equal protection of
the law.’ – meaning that no one in Malaysia is above the law, and that includes
public officers and Ministers too.
The question of ‘DOUBLE JEOPARDY’ – an excuse?
It is interesting that the Prison authority allegedly suggested
that charging others or taking disciplinary actions would be ‘double jeopardy’
since maybe because 1 prison warden already charged in Court is odd and absurd.
Interestingly, another argument had also arose in the past, that
if the said public officers had already been subjected to disciplinary action,
it would be ‘double jeopardy’ if they are the charged for similar crimes in
court.
It is an ABSURD proposition. A public officer can be charged
if he commits a crime in court, and also be subjected to disciplinary action by
the employer at the same time.
Under Malaysian law, you can still be charged in a criminal
court even if disciplinary action (such as a warning or termination) has
already been taken against you by your employer (in this case the Government).
The legal protection against double jeopardy (Article 7(2) of
the Federal Constitution of Malaysia) only applies to being tried and
punished twice for the exact same criminal offense by a court. This means
you cannot be charged for the same offence in COURT twice.
Thus, even if disciplinary action already taken against a
public officer, that public officer can still be charged for the CRIME he
committed, even if the charge in front of the Disciplinary Board is the same or
similar.
"The justification given by Prisons Department
commissioner-general Datuk Abdul Aziz Abdul Razak that taking disciplinary
action would result in double jeopardy is legally incorrect," Hishamudin
said, adding that double jeopardy refers to double court proceedings on the
same issue. "Failure to take any action against the prison personnel
involved would create the impression that they enjoy special privileges and are
immune from the law." (NST,
25/5/2026)
Charge ALL - Not just
one or a few to satisfy public outrage.
It is noted that only 1 Prison warden charged with culpable
homicide following inmate's death at Taiping prison (NST,
19/12/2025) but it is ODD since SUHAKAM’s finding points to violence
inflicted by about 60 prison officers on about 100 detainees who were
handcuffed in the back, where the deceased was one of the said detainees.
Thus, MADPET believes that rightfully all the said
accomplices, who did inflict violence on the said deceased, Gan Chin Eng (aged 62),
that resulted in his death, should also be charged in court, and for MURDER,
not culpable homicide not amounting to murder.
Other possible accomplices could be the doctor/medical
officer, whose ‘delay’ and/or negligence could have caused the death, for if
not Gan may not have died at all.
The charging of just ‘ONE’ seems also to be an attempt to
pacify Malaysian’s anger, and ‘protect’ other criminals. It is the court, after
a full trial, that will decide who is guilty of the crime, and who is guilty of
lesser crimes or NOT. All persons involved must be charged.
Forget NOT Crimes of LIES, False Reports and
Destruction of EVIDENCE
Note, from
SUHAKAM’s findings, crimes committed and persons criminally liable includes; -
a)ALL
the Prison officers present on the day, who intentionally inflicted TORTURE,
caused hurt and/or grievious hurt on the over 100 plus detainees and even DEATH
of one – thus they should be investigated for the criminal offence of causing
hurt (sec. 321 Penal Code), causing grievous hurt (sec. 322), Voluntarily
causing hurt by dangerous weapons or means (sec. 324) and even MURDER (Section
302). Their responsible superiors may also be criminally liable.;
b)The
said Prison Officers also lied in reports made, and also during the SUHAKAM
Inquiry – and their lies were ‘exposed’ by credible CCTV evidence – this are
also CRIMES in Malaysia.; and
c)The
said (or some) of the Prison Officers caused the destruction of relevant
evidence – CCTV and VDO/Photographs in the handphones of the said officers This
are also serious crimes, more so when it is done by public officers. [Sec. 201 Penal
Code - Causing disappearance of evidence of an offence committed, or giving
false information touching it, to screen the offender(up to 7-10 years imprisonment),
Section 191 Giving false evidence, Section 192 Fabricating false evidence, and
other offences.]No public officer can escape criminal liability on the grounds
that he/she did so because of ORDERs from Superiors or even Ministers. Any
public officer has the RIGHT to refuse to follow orders to do any act or omission,
which is a crime and a violation of human rights. This principle is reflected also
in Section 20(1) Police Act, which states, that ‘Every police officer shall
perform such duties and exercise such powers as are by law imposed or conferred
upon a police officer, and shall obey all lawful directions in respect of the
execution of his office which he may from time to time receive from his
superior officers in the Force.’ There is ONLY the duty to obey lawful
directions – not an order to commit a crime or to violate human rights.
Prison Officers – Kindness and not allowed to
strike prisoners unless..
It may also be relevant to look at the expected conduct of
Prison Officers, Regulation 55(Duty of prison officers) in the PRISON
REGULATIONS 2000, state ‘It is the duty of all prison officers to treat all
prisoners with kindness and humanity, to listen patiently to and report
their complaints or grievances, at the same time to be firm in maintaining
order and discipline and enforcing the provisions of the Act, these Regulations
and Commissioner General’s Standing Orders.’
On the Use of Force, Regulation 56 states, ‘(1) No officer
shall strike a prisoner unless compelled to do so in self-defence or in defence
of another person or prisoner or when ordered to inflict corporal
punishment. (2) A prisoner struck by a prison officer in self-defence or in
defence of another person or prisoner shall be examined as soon as possible by
the Medical Officer and an immediate report of the incident shall be made to
the Officer-in-Charge.’
Thus, the CRIMES committed by Prison Officers in the Taiping Prison
incident, are most serious, and are also in breach of the law governing
prisons. JUSTICE must be served
Thus, MADPET calls
a)The
Home Minister and/or Government to forthwith CLARIFY and confirm, that the
Government’s stance is that all those who committed crimes will be speedily investigated,
charged in court, accorded a fair trial, and if convicted be sentenced justly;
b)That
they not just be charged for the crimes of TORTURE, causing hurt/serious
hurt and/or murder only, BUT also be charged for crimes of making False Reports,
Lying at the SUHAKAM Inquiry, and also the crime of destruction of evidence;
c)That
all who gave ORDERs for officers to commit crimes and violate human rights of
the detainees be charged for their crimes;
d)That
the Court, after convictions, ORDER that the Convicted pay compensation to
all victims as provided for Section 426 Criminal Procedure Code;
e)Noting SUHAKAM’s observation about the police investigations (para 61(h),
page 19 of the Report), and the failures of the Attorney General’s Chambers
(para 61(i), page 20), calls for a NEW independent police investigation
team, and a new Deputy Public Prosecutor to deal with the criminal
investigations, with a view of successfully convicting all criminals;
f)Malaysia
and the Government of Malaysia to ensure justice be done, and ensure all public
officers that violate the law and human rights of detainees/suspects/persons be
speedily dismissed as Malaysians want CLEAN and HONEST public officers, and ‘bad
apples’ must be cast out speedily.
END ‘protection’ of Public Officers
and politicians that commit CRIMES – ensure that All persons are equal before
the law and entitled to the equal protection of the law’ – and this includes
ALL victims of those who violate laws and/or violate human rights.
Charles Hector
For and on behalf of
MADPET (Malaysians Against Death Penalty and Torture)
‘What is wrong is wrong’: Home minister says police ready to pursue Kamunting prison probe based on Suhakam findings
The
home minister said the government will not protect any party found
responsible in connection with the Taiping prison incident, as
authorities review Suhakam’s findings. — Picture by Raymond Manuel
Monday, 08 Jun 2026 3:36 PM MYT
PUTRAJAYA,
June 8 — The government is prepared to undertake further investigations
into the findings and conclusions of the public inquiry panel convened
by the Human Rights Commission of Malaysia over last year’s incident
involving the alleged ill-treatment of a newly admitted inmate at
Kamunting Prison in Taiping, Perak.
Home Minister Datuk Seri
Saifuddin Nasution Ismail said the Royal Malaysia Police is expected to
carry out or complete investigations into the incident based on
Suhakam’s report, which he recently presented to the Cabinet.
“If a
case has gone through an investigation process, regardless of which
body conducted it, with convincing evidence and witnesses interviewed,
and a report is subsequently produced.
“If it requires follow-up
investigations by the police, for example, our principle is clear: what
is right is right, what is wrong is wrong, and wrongdoing will not be
defended.
“This
is our very clear message. I believe Inspector-General of Police Tan
Sri Mohd Khalid Ismail will resume or complete any necessary
investigations while taking Suhakam’s findings into account,” he said
during the Home Ministry’s monthly assembly here today.
Saifuddin Nasution stressed that the government would not shield any party involved in the incident.
“Telling
the truth may be bitter, but its long-term impact is far better. This
is also a question of integrity within our organisation. As for the
reputation of the Prisons Department throughout my three years here, I
am very proud of this department,” he said.
On
May 27, media reports said the Malaysian Prisons Department would fully
cooperate with relevant authorities in reviewing the report and
conclusions of Suhakam’s public inquiry panel into the alleged
mistreatment of a new prisoner at Taiping Prison last year.
The
department said it viewed seriously every finding, recommendation and
issue raised in the report, including allegations relating to prison
management and prison personnel in connection with the incident.
In
its final findings on the inquiry into the riot at Taiping Prison on
January 17, 2025, which resulted in the death of an elderly detainee,
Suhakam’s Public Inquiry Panel recommended that the facility be
converted into a museum, saying it was no longer suitable for use as a
prison. — Bernama - Malay Mail. 8/6/2026
Suhakam urges action against Taiping Prison officers involved in violent incident
Findings
by Suhakam’s inquiry panel on the Jan 17, 2025 incident were delivered
by chairman Datuk Seri Mohd Hishamuddin Md Yunus. - NSTP/FATHIL ASRI.
KUALA
LUMPUR: The Human Rights Commission of Malaysia (Suhakam) has demanded
immediate disciplinary action against Taiping Prison officers involved
in last year's violent incident, strongly rejecting claims that doing so
would trigger "double jeopardy".
Findings by Suhakam's inquiry panel on the Jan 17, 2025 incident were
delivered by chairman Datuk Seri Mohd Hishamuddin Md Yunus.
He said disciplinary action was warranted given the clear surveillance footage evidence demonstrating the misconduct.
"The Public Inquiry Panel found that the Prisons Department failed to
take any disciplinary action against the Taiping Prison officers
involved, even though the Board of Inquiry found that standard operating
procedures had been violated by personnel at Taiping Prison.
"The justification given by Prisons Department commissioner-general
Datuk Abdul Aziz Abdul Razak that taking disciplinary action would
result in double jeopardy is legally incorrect," Hishamudin said, adding
that double jeopardy refers to double court proceedings on the same
issue.
"Failure to take any action against the prison personnel involved
would create the impression that they enjoy special privileges and are
immune from the law."
Also on the Suhakam panel are Datuk Mariati Robert and Dr Farah Nini Dusuki.
The panel stressed that criminal charges against a single individual
did not excuse the department from administratively penalising other
staff involved in the wider violence.
"This disciplinary action is warranted given the clear CCTV footage
evidence demonstrating the misconduct of the said prison personnel, as
well as the absence of a specific investigation by the police and
subsequent court charges over the acts of violence, despite more than a
year having passed since the incident occurred," Hishamuddin said.
On Dec 19, 2025, prison warden Ryndee O'Nel Victor, 25, was charged with causing the death of inmate Gan Chin Eng, 62.
He claimed trial under Section 304(b) of the Penal Code for culpable homicide not amounting to murder.
Suhakam identified several deep-rooted systemic issues that served as the underlying causes of the tragedy.
They include severe prison overcrowding, a lack of clear planning in
transferring detainees from the Kamunting Correctional Centre to Taiping
Prison, general administrative weaknesses, a shortage of prison staff
and excessively long remand detention periods.
Alongside the conduct of the personnel, the inquiry also addressed the dilapidated and hazardous state of the facility.
The panel noted that Taiping Prison's heritage building status
imposed complex bureaucracy, exorbitant maintenance costs and structural
restrictions that prevented sanitation upgrades, leading to severe
physical deterioration and the continued use of the outdated bucket
toilet system.
"Taiping Prison is no longer fit to be used as a prison," Hishamudin
said. "Detainees at Taiping Prison need to be transferred to a new
prison."
Besides internal prison issues, the panel also pointed to severe
delays and flaws within the state's law enforcement and legal machinery.
The panel said the police failed to conduct a dedicated criminal
investigation into the guards' violence, while excessive bureaucracy
within the Attorney-General's Chambers caused unreasonable delays in
filing court charges.
These issues denied the victims due process, violated the
constitutional principle of equality before the law under Article 8 and
fostered a public perception that public servants enjoy immunity from
prosecution. - NST, 25/5/2026
Prisons Dept cites 'double jeopardy' for delay in action on fatal Taiping abuse
By Mohamad Al As
September 22, 2025 @ 3:59pm
Prisons commissioner-general Datuk Abdul Aziz Abdul Razak - BERNAMA FILE PIC
KUALA
LUMPUR: The Prisons Department has admitted that no disciplinary action
has been taken against officers implicated in the alleged abuse of more
than 100 inmates at Taiping Prison on Jan 17, which led to the death of
Gan Chin Eng.
Prisons commissioner-general Datuk Abdul Aziz Abdul Razak said the
department was waiting for police investigations to conclude before
acting, citing what he described as a policy of avoiding "double
jeopardy".
He said this during a public inquiry on the matter held by the Human
Rights Commission of Malaysia (Suhakam) today, led by chairman Datuk
Seri Mohd Hishamudin Md Yunus and commissioner Dr Farah Nini Dusuki.
Hishamudin: "So has the Prisons Department taken disciplinary action?"
Abdul Aziz: "Not yet. We are waiting for the police decision."
Hishamudin: "So that means no action has been taken?"
Abdul Aziz: "(With) disciplinary action, we cannot have double jeopardy.
"If not convicted of crime and referred to the Prisons Department, I will take action.
"The report (on the incident) is already there. Just waiting for action."
Hishamudin: "So no action at all taken?"
Abdul Aziz: "We don't want such incidents to happen again, so we removed (the officers involved) from Taiping Prison.
"But no disciplinary action yet."
Suhakam's chairman challenged the argument, stressing that criminal
prosecution and disciplinary action are legally distinct with different
standards of proof: beyond a reasonable doubt for criminal prosecution,
and on a balance of probabilities for disciplinary action.
"So the issue of double jeopardy does not arise," Hishamudin said.
Abdul Aziz, who was the 50th and final witness heard by the inquiry,
conceded that procedures and human rights were violated, but said he was
unsure if the incident amounted to a criminal offence.
The inquiry viewed CCTV footage showing stomping, kicking and striking of inmates, as well as evidence of head injuries.
It also heard that Taiping Prison deputy director Shahrul Izzat Hamid, who was present, failed to halt the incident.
When asked if this was sufficient to assess whether officers had
violated the Penal Code, Abdul Aziz maintained that he could not
identify individual perpetrators from the footage.
While he admitted Shahrul failed to take control, Abdul Aziz said he
could not take disciplinary action against him and may only refer the
case to the Public Services Department (PSD).
He also acknowledged that Gan could have been saved if he had
received immediate medical attention after the incident, but added that
the abuse could have been avoided if inmates had followed officer
instructions.
On July 9, as reported by an online portal, the inquiry was told that
the incident occurred after inmates refused to move to another block
due to poor toilet facilities.
The inquiry has fixed Nov 29 for parties to file written submissions and Dec 15 to hear oral submissions.- NST, 22/9/2025
Police shot dead 327 criminals in 193 cases over past decade, Dewan told
FMT Reporters
Home
minister Saifuddin Nasution Ismail says such shootings largely occurred
in situations requiring the takedown of dangerous criminals or in
self-defence.
Home
minister Saifuddin Nasution Ismail said 78 Indians, 43 Malays, 40
Chinese and 11 Bumiputeras were among the Malaysians shot dead by police
over the past decade.
PETALING JAYA:
Home minister Saifuddin Nasution Ismail said today a total of 327
criminals were shot dead by police in 193 cases between 2015 and 2025.
In a written parliamentary reply, the
minister said police generally took such actions in situations requiring
the takedown of dangerous criminals.
He said police also shot suspects in
self-defence when they attacked officers with dangerous weapons, to
protect public safety and avoid injury or loss of life when suspects
refused to surrender, as well as in other situations that “required
quick action based on immediate threat analysis by officers on the
ground”.
Saifuddin was replying to Lim Lip Eng
(PH-Kepong), who asked for a breakdown of fatal police shootings since
2015 by nationality, race and state, as well as the number of police
officers subjected to legal action.
He said by nationality, Malaysian
citizens accounted for the highest number of criminals shot dead at 172
people, followed by 68 Indonesians, 24 Vietnamese, 23 Filipinos, seven
Myanmar nationals, three Africans, two Bangladeshis and one Thai.
“A total of 27 people were recorded as having no identification,” he said.
According to a breakdown by race among
Malaysians, 78 Indians were shot dead, followed by 43 Malays, 40 Chinese
and 11 Bumiputeras.
Selangor recorded the highest number of
police shooting cases at 47, followed by 33 in Sabah, 21 in Penang, 19
in Johor and 16 in Perak.
Other states recorded fewer incidents: 13
in Kedah, 10 in Kuala Lumpur, nine in Kelantan, eight in Sarawak, seven
in Negeri Sembilan, four in Melaka, three in Terengganu, two in Pahang
and one in Perlis. - FMT, 10/2/2026
42 custodial deaths recorded last year, says Saifuddin
KUALA LUMPUR: A total of 42 deaths in custody were recorded in 2025, says Home Minister Datuk Seri Saifuddin Nasution Ismail.
He
said the figure comprised eight cases in prison and 34 under police
care including 22 deaths while under police detention and 12 in police
lock-ups.
Investigations found the cases were mainly due to health
factors such as heart attacks, strokes and complications from chronic
illnesses, he added.
“To ensure transparency, every death in
custody is thoroughly investigated by the Royal Malaysia Police (PDRM),
including post-mortems, internal inquiries and, where misconduct is
suspected, referral to the Independent Police Conduct Commission
(IPCC),” he said in a written reply on Thursday (Feb 5).
He was
responding to Hassan Abdul Karim (PH–Pasir Gudang), who had asked about
the recent number of deaths involving suspects in police lock-ups and
inmates in prison, and the measures taken to prevent such incidents.
Saifuddin
said the ministry has tightened standard operating procedures for
lock-ups and prisons, improved health screening and monitoring of
detainees and inmates, boosted integrity and detainee-handling training
for enforcement personnel, and expanded the use of CCTV with regular
compliance audits.
He stressed that the ministry is committed to
safeguarding the safety and welfare of detainees and will not compromise
on any misconduct. - Star, 5/2/2026