Friday, June 29, 2018

DPM: Govt may abolish death penalty(Malay Mail, 29/6/2018)

DPM: Govt may abolish death penalty

As of now, the government had deferred the death penalty for drug-related offenders, Dr Wan Azizah said. — AFP pic
As of now, the government had deferred the death penalty for drug-related offenders, Dr Wan Azizah said. — AFP pic
BANGI, June 29 — The government is looking into the need to make amendments to do away with the mandatory death penalty in legislation pertaining to criminal offences, Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail said today.
As of now, the government had deferred the death penalty for drug-related offenders, she said.

“The last Cabinet meeting resolved to implement the government decision to defer the death penalty imposed on 17 people convicted of drug offences.

“In a broader context, we also touched on the need to consider whether the same thing can be applied for offenders in other crimes,” she said at a press conference after launching EduWAQF, an educational ‘wakaf’ (Islamic endowment) initiated by AWQAF Holdings Berhad, here.

Wan Azizah said this measure would enable Sirul Azhar Umar, who was convicted and sentenced to death over the murder of Mongolian model Altantuya Shaariibuu, to return to Malaysia from Australia if he wanted to.

She said Sirul Azhar, who had sought protection in Australia, was unlikely to be allowed to return to Malaysia so long as he had to face a death penalty upon his coming back.

“That’s why we are discussing whether it is necessary for us to change the sentence or replace it with any penalty,” she said.

It had been reported that Australia authorities had allowed a Malaysian request for Sirul Azhar to be extradited on condition that Malaysia agreed to bear the costs but the former Special Action Unit member reportedly refused to return home for fear of having to face the death penalty. — Bernama - Malay  Mail, 29/6/2018

Malaysia to abolish death penalty to bring Sirul home? [NSTTV]


KUALA LUMPUR: Malaysia wants to extradite convicted killer Sirul Azhar Umar back home but is facing resistance from Australia due to their anti-death penalty stance.

His extradition with the cooperation of Australia may require for laws against the death penalty to be amended said Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail.

“We want to bring Sirul back but Australia is against the death penalty.

“So to bring him back the law (extradition) has to be amended. We have to discuss whether the death penalty has to be amended or abolished,” she said while launching an EduWaqf programme under Awqaf Holdings Bhd, here yesterday.

Sirul Azhar Umar
Australia’s High Commissioner to Malaysia Andrew Lech Goledzinowski said that the country was against the death penalty and would not be able to help the police in cases which would result in the capital punishment.

He said that even if Australia had evidence that could help the Malaysian police bring about a conviction in a serious crime, it could not provide that assistance if it might lead to the application of the death penalty.

Goledzinowski said this at Suhakam’s National Conference on Death Penalty, here yesterday.

Sirul, a former policeman, who was convicted of murdering Mongolian model Altantuya Shariibuu has once again expressed his willingness to tell-all regarding the high profile murder.

He even wrote a personal letter to Prime Minister Datuk Seri Dr Mahathir Mohamad, according to former Umno division leader Datuk Seri Khairuddin Abu Hassan who met with Sirul at the Villawood Detention Camp in Sydney on June 28.
Sirul and former chief inspector Azilah Hadri, were charged with killing the Mongolian model and mother of two on Oct 18, 2008.

The Court of Appeal had overturned the sentences of Sirul and Azilah in 2013.

The death sentences were upheld by the Federal Court following the prosecution’s appeal.

Sirul, however, fled to Australia before his conviction, where he has been at the Immigration and Border Protection Department’s facility in Sydney since 2015. - New Straits Times, 29/6/2018


35 Executed, and 165 on Death Row escaped the gallows from 2007 to 2017(Star, 28/6/2018)

 1,267 people on death row or 2.7% of the prison population of about 60,000 people.

The pardons board of various states reduced the sentence of 165 people who were sentenced to death from 2007 to 2017

35 executions took place from 2007 to 2017

165 on Death Row escaped the gallows from 2007 to 2017 

 



  • Nation
  • Thursday, 28 Jun 2018
  • KUALA LUMPUR: The pardons board of various states reduced the sentence of 165 people who were sentenced to death from 2007 to 2017, said the Prisons Department.

    During the same time, 35 executions took place, said its deputy director (policy) Supri Hashim (pic).

    Supri said that those who had their death sentence reduced, were usually given life or 20 years imprisonment.

    He said this during a press conference on the proposed abolition of the death penalty organised by the Human Rights Commission of Malaysian (Suhakam) on Thursday (June 28).

    At the moment, Supri said there were 1,267 people on death row or 2.7% of the prison population of about 60,000 people.

    Supri said they are at various stages of appeal - 336 in the Court of Appeal, 128 in the Federal Court and 442 at the states' pardons board.

    He did not mention the stages of the other remaining prisoners on death row.

    He said executions can only take place if they got orders from the states' pardons boards or a warrant of execution from the High Court.

    With nine executions in 2016, Malaysia was among 23 countries that executed 1,032 people globally.

    This figure excludes China, which Amnesty International believes executes thousands of people yearly.

    Malaysia imposes the death penalty for several crimes, including murder, drug trafficking, treason, waging war against the King and terrorism-related offences.

    Last year, the Dewan Rakyat voted to remove the mandatory death penalty for drug offences, giving judges the power to decide the sentences.

    Human rights groups, however, have called for the total abolition of the death penalty. - Star, 28/6/2018

    Abolish death penalty now, urges MP(FMT - 29/6/2018)

    Abolish death penalty now, urges MP

    Soo Wern Jun
     | June 29, 2018 
     
    Batu Kawan MP Kasthuri Patto says law reform is urgent as 1,000 Malaysians and foreigners are on death row.
    Batu Kawan MP Kasthuri Patto, addressing the Suhakam conference, says there is nothing to stop the present government abolishing the death penalty.

    KUALA LUMPUR: Batu Kawan MP Kasthuri Patto said the turning point in her opposition to the death penalty was on a Good Friday two years ago when three men were hanged at Kajang Prison while she kept vigil outside.

    One of those men executed was possibly innocent, she said.

    She claimed since then numerous inmates had been hanged, some quietly and some riddled with controversies like the Batumalai brothers, who were both executed on March 15, 2017.

    “I remember standing under a drizzle that night at the entrance of the Kajang Prison in a candlelight vigil with other MPs, Amnesty International activists, lawyers and the family of the two brothers.
    “What hit me hard was that I did not see fancy cars or people in expensive clothes waiting outside the prison on the five-foot pavement, begging the (former) government for some time while awaiting the decision of their clemency appeal.

    “What I saw were family members who looked poor and helpless.”

    She said those executed were the marginalised, school dropouts, unemployed, illiterate, and others from the lower-economic segment of society.

    “If one had the financial standing, will they still be subjected to this heinous punishment?

    “If one had strong cables with the authorities, could they then escape the gallows? Did money, prestige and power play the role of God — the one who gives and takes?”

    The DAP MP said the concerned public could not wait any longer for the law reforms when more than 1,000 Malaysians and foreigners were on death row in the country for various crimes.

    Speaking at Suhakam’s National Conference on the Death Penalty, she said there was nothing to stop the present government from abolishing the death penalty if it wished to do so.

    Anti-death penalty proponents have been arguing that capital punishment does not reduce or discourage offenders.

    In the meantime, she and her fellow activists have pledged to continue pushing for a moratorium on those on death row.

    “We don’t know who is next, or when. When I was doing my research on a case, it was impossible for me to get any information from the Prisons Department,” she said.

    She said the Prisons Department’s answer was that the information was under the Official Secrets Act 1972.

    She added that no one deserved to be waiting, not knowing when it was time to be hanged.

    “It is no business of any government to play Russian roulette in determining who will be executed first and who later and for which crime,” she said.

    Kasthuri said executions are normally carried out on Fridays.

    “What kind of agony the prisoners have to face, waiting for their turn to die, wondering which Friday would be their turn?

    “Death penalties in Malaysia have notoriously been carried out in a secretive manner, often leaving no time for the family to make burial arrangements.

    “Inmates serve up to 10 years or even longer on death row, which is solitary confinement, 23 hours a day in a 10ft by 10ft cell,” she said.

    However, Kasthuri said the abolition of the death penalty will never see the light of day without the political will of the government of the day.

    She said Malaysia is one of the few countries still carrying out the mandatory death penalty.

    The death penalty is meted out for offences that include drug trafficking, discharge of firearms, murder, being an accomplice in the discharge of firearms, hostage-taking resulting in death, and offences against the person of the King. - FMT News, 29/6/2018

    Tuesday, June 26, 2018

    Executed Teerasak may be a victim of 'miscarriage of justice'?


    See earlier relevant post:-Thailand – Man executed by lethal injection – First since August 2009
     
    In recent media reports, after the execution, matters of great concern have arisen, and the question is whether there has been a serious miscarriage of justice. The failure to notify family members before the execution is also disturbing.. 

    “I don’t understand and there was no advanced notification that he would be executed,” Kanita told Matichon from her family home in Trang province. “In reality, family members should be notified if an execution is to be carried out… so the relatives can bid farewell.”

    The execution of a perpetrator of a crime, when there are still possible accomplices or co-collaborators not yet arrested or tried is also most disturbing. Was the execution done to 'protect' some other?

    On Wednesday, Trang city police said they were still looking for another suspect involved in the crime. The victim’s parents said they urged police years ago to look for another perpetrator, but they claim investigators were dismissive, telling them to gather witnesses and evidence themselves.... He added that Teerasak has never confessed...“We’re keeping up the investigation to bring in another perpetrator,” Prasert[Lt. Col Prasert Songsaeng, who’s in charge of the case] said on Friday
    Recent emergence of a eye witness, who allegedly can positively say that Teerasak Longji did not commit the crime is disturbing. Coupled with the police attitude in not wanting to investigate others...in fact asking the family to do their own investigations - find witnesses and evidence...is also most disturbing. Concern is whether the police were prejudiced, incompetent, lazy or simply were victims of 'tunnel vision' in their investigations and prosecutions that has resulted in an in an execution is of great concern. 

    Hopefully, Thailand will do the necessary investigations...to ensure JUSTICE is done. 

     Family Not Notified of Man’s Execution



    Kanita Longji, 20, at her family home in Trang province, speaks about last night's execution of her older brother, Teerasak Longji. Photo: MatichonKanita Longji, 20, at her family home in Trang province, speaks about last night's execution of her older brother, Teerasak Longji. Photo: Matichon

    BANGKOK — The sister of the first man to be executed in nine years said Tuesday the family was not informed in advance and not given the chance to say goodbye.

    Kanita Longji, 20, the younger sister of Teerasak Longji, whose execution last night signaled an end to a de facto moratorium on capital punishment, said her family was not told he would be put to death until after it was carried out.

    “I don’t understand and there was no advanced notification that he would be executed,” Kanita told Matichon from her family home in Trang province. “In reality, family members should be notified if an execution is to be carried out… so the relatives can bid farewell.”

    Read: Officials Silent on Thailand’s 1st Execution in 9 Years

    Kanita said the family was planning to visit him Tuesday because her brother recently sent a letter asking for 2,000 baht. She defended her brother’s crime as less severe than other crimes which drew lesser sentences, such as the 34 years recently handed down to two women accused of dismembering a young woman.

    The family was preparing an Islamic funeral for 26-year-old Teerasak and said an air of sadness pervaded their home.

    Teerasak was convicted of aggravated murder and sentenced to die for stabbing a 17-year-old man 24 times and stealing his phone and 2,000 baht cash. The crime took place in 2012.

    The head of the Corrections Department has declined to comment on the circumstances behind the unexpected execution after nine years, during which royal pardons have routinely granted clemency. Department chief Narat Savettan said he would not make any comment beyond a statement saying it would serve as a deterrent.

    Junta leader Gen. Prayuth Chan-ocha said Tuesday the execution was carried out in accordance with the law and the views of the general public, which supports the penalty, should be taken into account. Prayuth added that the execution would serve as a lesson and help bring peace and order to the country.- Khaosod English, 19/6/2018


    Officials Silent on Thailand’s 1st Execution in 9 Years



    Justice minister Prajin Jantong visits the lethal injection chamber at Bang Kwang Prison on Dec. 30.
    Justice minister Prajin Jantong visits the lethal injection chamber at Bang Kwang Prison on Dec. 30.
    BANGKOK — Death penalty opponents were caught by surprise by Thailand’s first execution in nine years Monday night while officials are offering no explanation.

    After 26-year-old Teerasak Longji was executed at Bangkok’s Bang Kwang Central Prison by lethal injection for aggravated murder, the leading group calling for abolition of capital punishment said Tuesday it deplored the decision and had no idea why the unexpected execution occurred now.

    “We are not sure,” Amnesty International Thailand Director Piyanut Kotsan said Tuesday morning when asked about the timing.


    Piyanut said Amnesty was not in the loop despite years of discussions with the Justice Ministry. She said her understanding was that Thailand has committed to becoming an abolitionist state as reflected in its master plan for human rights.

    The last execution occurred in 2009 when two men were put to death for drug-related crimes. This past October, the head of the government’s human rights agency signaled the death penalty, which had been in de facto moratorium since 2009, would eventually be abolished.

    “I can’t say when it will end but in practice it will soon be 10 years since no execution has taken place,” Pitikan Sitthidej said in October. “We don’t know when the death penalty will be abolished.”

    Amnesty Thai director Piyanut said that standard practice for the last resort of clemency has been to obtain a royal pardon commuting death to life in prison. She said it’s unclear whether a royal pardon had been sought by Teerasak, who six years ago stabbed a 17-year-old high school student 24 times to steal his smartphone and wallet in Trang province.

    Corrections Department chief Narat Savettan declined to comment Tuesday on the circumstances.

    “I cannot give any comment about this,” he said, adding that the department would not issue any further statement on the matter.

    A statement from Narat released Monday shed new light on why an execution had taken place after nine years. The last paragraph of the statement stated hope the execution would serve as deterrence.

    “It is hoped that this execution will give pause to those thinking of committing heinous crimes or violating the law to consider the penalty,” it read.

    The statement also pointed out that since the introduction of modern execution in 1935, 325 executions have taken place.

    Someone who answered the phone at Bang Kwang Prison said its director, Sophon Yimpreecha was out for a meeting and could not be immediately reached.

    Amnesty Thailand issued a statement Monday saying execution is deplorable and will not reduce crime.

    “This is a deplorable violation of the right to life. Thailand is shockingly reneging on its own commitment to move towards abolition of the death penalty and the protection of the right to life, and is also putting itself out of step with the current global shift away from capital punishment,” wrote Katherine Gerson, an Amnesty campaigner in Thailand.

    According to Amnesty Thailand, 510 people were on death row as of the end of 2017, 94 of which were women. The number of those who have exhausted all final appeals is 193.

    Gerson wrote that there is no evidence that the death penalty has any unique deterrent effect, “so the Thai authorities’ hopes that this move will reduce crime is deeply misguided.”

    Kingsley Abbot, senior legal advisor for the Geneva-based International Commission of Jurists, tweeted on Monday that execution is never justifiable and “flies in the face of Thailand’s repeated commitments on the international to work towards abolition.”

    Amnesty announced it will hold a demonstration outside Bang Kwang at 2pm this afternoon.- Khaosod English, 19/6/2018


    Executed Man Guilty – But Other Suspect Still at Large: Police



    Amnesty Thailand stages a protest Tuesday at Bang Kwang Central Prison one day after Teerasak Longji was executed there.
    Amnesty Thailand stages a protest Tuesday at Bang Kwang Central Prison one day after Teerasak Longji was executed there.
    TRANG — A local police investigator Friday downplayed the significance of new claims that an inmate executed earlier this week did not murder a high school student six years ago but acknowledged another perpetrator is still on the run.

    After the first execution in nine years sent shockwaves and drew criticism from rights groups here and abroad, police responded to doubts cast on the efficiency of their investigation by insisting witnesses and evidence irrefutably tied 26-year-old Teerasak Longji to the 2012 crime in Trang province, although they have yet to investigate the new claim.

    “It’s actually not my duty to investigate what is ungrounded. All details are already in the case file,” said Lt. Col Prasert Songsaeng, who’s in charge of the case. “I’m not going to dismiss it, but if he really knew about the case, he’d have come to us a long time ago.”

    Prasert said police will seek the unidentified witness for an interview.

    The witness’s claim emerged yesterday online. In it he said that he and another friend saw two other teenagers repeatedly stab another teen while he was riding a motorbike past the scene. He stopped to see what was happening and had to flee the perpetrators. He said Teerasak, whom he was familiar with, was not present at the time.

    Then he saw Teerasak riding toward the scene on a motorbike from the opposite direction and warned him not to continue.

    Teerasak was accused and convicted of stabbing a 17-year-old high school student 24 times before stealing his smartphone and wallet. Police said Danudet Sookmak, the victim, was chased about 200 meters before ending up in the park where he was brutally murdered. Danudet’s girlfriend was also there trying to stop the culprits, according to police.

    On Wednesday, Trang city police said they were still looking for another suspect involved in the crime. The victim’s parents said they urged police years ago to look for another perpetrator, but they claim investigators were dismissive, telling them to gather witnesses and evidence themselves.

    According to Prasert, police were able to obtain an arrest warrant for Teerasak, who had several drug- and weapons-related crimes on his record, within a day of the murder based on strong witness statements. They captured him the next day. He added that Teerasak has never confessed.

    “We’re keeping up the investigation to bring in another perpetrator,” Prasert said on Friday.- Khaosod English, 22/6/2018


    Tuesday, June 19, 2018

    Thailand – Man executed by lethal injection – First since August 2009

    Man executed by lethal injection

    • 18 Jun 2018 at 20:45
    • WRITER: KING-OUA LAOHONG
    A man has been executed, a first in eight years, according to the Corrections Department.

    Teerasak Longji, 26, who was convicted of aggravated robbery, received a lethal injection at 3-6pm on Monday, said Pol Col Narat Svetanan, director-general of the department.

    Teerasak robbed and killed a man in Trang province on July 17, 2012. He took a mobile phone and a wallet from the victim and stabbed him 24 times.

    The first court handed down a death sentence on him, and the Appeal Court and the Supreme Court upheld it.

    He was the seventh prisoner executed by lethal injection after the method replaced firing squad 15 years ago.
    Since 1935, 325 convicts have been executed. Firing squad was used on 319 prisoners. The last time was on Dec 11, 2003.

    Lethal injection replaced it on Dec 12, 2003. Before Teerasak, it was administered on Aug 24, 2009.
    Punishments under the Thai Criminal Code are fining, asset seizures, detention, imprisonment and execution. – Bangkok Post, 18/6/2018


    Director General Naras Savettanan announced that on 18 June 2018 at 15.00-18.00pm, the Department of Correction has executed a death row prisoner, Mr. Theerasak Longji, 26 years old, who cruelly murdered someone to steal on 17 July 2012 in Trang province. He assaulted, stole wallets and mobile phone, and stabbed the person 24 times to death. The case reached its final verdict by the Supreme Court. 
     
    The execution was conducted according to the Section 245 of the Criminal Procedural Code, together with Section 19 of the Criminal Code, and the Ministerial Regulation of the Ministry of Justice related to the regulations and methods of execution of prisoners, which prescribes lethal injection as a method. This is the 7th prisoners who had been executed by lethal injections since the method was changed by law from shooting to applying lethal injection in 2003.

    Director General also shared that since 1935, there has been 325 prisoners executed:
    – 319 prisoners by shooting (last execution on 11 December 2003)
    – 6 prisoners by lethal injections (first execution on 12 December 2003 and last execution on 24 August 2012
     
    Death penalty is the most severe penalty in Thai law, although there are many countries that have abolished the death penalty, some countries including Thailand, US and China still retain the death penalty. These countries focuses on protecting the society and the general public from crimes more than focusing on rights and freedom of wrongdoers.The Department of Correction hopes that this execution will serve as a lesson for those who is thinking of committing serious crimes or violating the laws.
     


    Monday, June 11, 2018

    Extrajudicial killings need speedy independent investigations, says Malaysian NGO(Online Citizen)


    The aftermath of the attempted robbery at the Atria mall, Petaling Jaya on May 18, 2018. — BBXpress

    Extrajudicial killings need speedy independent investigations, says Malaysian NGO

    A Malaysian Non-Government Organisation is calling for speedy independent investigations by the new Pakatan Harapan government as six individuals have been reportedly shot to death by police After Pakatan Harapan became Government.

    In a statement issued on Monday morning, MADPET(Malaysians Against Death Penalty and Torture) expressed its disappointment with the lack of response of the new Pakatan Harapan government, in particular the Home Minister Muhyiddin Yassin, being the Minister in charge of the police, about at least 3 recent possible ‘shoot to kill’ incidents, that were reported in the media, that involved the death of 6 persons who were shot to death by the police.

    Below is MADPET's statement on the matter 

    The duty of the police is to arrest persons suspected of committing a crime, and the police can use ‘reasonable force’ in carrying out these arrest.

    The Malaysian Criminal Procedure Code, in section 15 states most clearly how arrest is to be made. Section 15(2) states, “(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.” The word used is ‘to affect arrest” – not kill.

    Section 15(3) states that, “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.” Stress must be given to the word ‘accused’, not just suspected of committing an offence. Hence, subsequent ‘post-killing’ statements that they were suspected of being involved in past crimes in no way can justify such killings. Sadly, the victims, now dead, cannot even deny these allegations or tell us what really transpired.
    The question that arises now, is whether these shooting that resulted in death was reasonable or really necessary. Were the police shooting to affect an arrest, or were the police shooting to kill?

    The recent 3 reported incidents of concern, that happens after Pakatan Harapan has become the new government following the General Elections on 9/5/2018, are as follows:-

    2 shot dead by Police (D9) – Star, 16/5/2018   

    In the Star report dated 16/5/2018, entitled ‘Cops kill two robbers in shootout’, it was alleged that a police personnel from Bukit Aman Serious Crimes Division (D9) stopped a car whose occupants inside were ‘acting suspiciously’, and when they identified themselves as police, shooting ensued resulting in the death of the 2 occupants. It is suspicious that the car had stopped at the request of the police before the shooting allegedly happened.
    3rd suspect shot dead by police (D9) – 19/5/2018
    In another Straits Times report dated 19/5/2018, entitled ‘Malaysia cops shoot dead third suspect in Damansara Jaya goldsmith robbery’. It was reported that “…SAC Fadzil said that in the latest incident, policemen from the Selangor Police Serious Crimes Investigation Division (D9) had chased the suspect as he sped off in a Honda Civic car, which eventually skidded and crashed into a tree."The suspect came out of the vehicle and opened fire at the policemen. The policemen returned fire and killed the suspect," he said in a statement….”.
    What is odd of this, is the fact that the police, the day before had said, ‘…According to Selangor Criminal Investigation Department chief Fadzil Ahmad, the incident took place at 5pm on Friday (May 18) after six robbers wearing helmets and jackets stormed into the mall located at the Damansara Jaya area… A shootout ensued and as a result, two suspects were shot dead, while another suspect was injured. Four suspects, including the one injured, were arrested by the police for further investigations…’(THE STAR/ASIA NEWS NETWORK, Straits Times, 18/5/2018). There is no mention here of any other suspect escaping, and noting that they were all wearing helmets, one wonders how the police even identified the person killed the following day.
     Police shoot man with machete – 21/5/2018
    In a Star report dated 21/5/2018, entitled ‘Police shoot fake forex syndicate member dead’. Here, the victim was not even shooting at the police, and the report says, ‘…“He came at them with a machete and they had to open fire to defend themselves, killing him,” he said….”
     What will our new Pakatan Harapan government do about these extrajudicial killings?
    MADPET is disappointed that Muhyiddin Yassin, our new Home Minister, who is responsible for the police, or the Pakatan Harapan government has failed to respond promptly when these killings happened, and have yet to tell Malaysians how they will deal with these cases of police shooting that have resulted in death.
    This kind of killings  had been an issue of concern, that has been raised up by many human rights groups, including the Malaysian Bar for past few decades, but sadly the then UMNO-BN government failed to satisfactorily address this matter. It is hoped that our new Pakatan Harapan will finally deal with such issues justly.
    The late Senior lawyer and former Bar Council president Raja Aziz Addruse did say ‘…that proper justification must be given for the taking of a life. “Just to say, ‘Because they were shooting at me,’ is insufficient,” he says. “In many of these cases, there’s always a gun found in the car. It’s just too coincidental. Very often, all the people allegedly involved are killed...”
    He also had cited ‘…the need for an independent tribunal to look into police shootings. “In other countries, an independent inquiry would be held to find out what happened,” he says. “For example, in the UK, an inquiry was held in the case of the shooting of Jean Charles de Menezes.” The inquiry eventually found the Met police force guilty of endangering public safety, and it was penalised for shooting de Menezes dead….’
    How the new Pakatan Harapan government deals with these recent cases of these ‘extra-judicial killings’, more so since these incidents happened after they became the new government of Malaysia, is crucial.
    There certainly must be quick independent inquiries into these recent incidences, which have resulted in the death of 6 persons or possibly more, noting that not all such incidences do get reported.
    While MADPET appreciates the fact that the new Pakatan Harapan federal government is in the process of establishing an Independent Police Complaints-Misconduct Commission (IPCMC) as mentioned by the Minister of Home Affairs Tan Sri Muhyiddin Yassin on 22/5/2018, steps need to be taken now to immediately investigate these police ‘shoot to kill’ incidences. Delay is not an option.
    MADPET proposes that the Minister immediately appoint an interim Task Force, to immediately investigate these cases. Further, the Minister and/or the government should maybe order that inquests (or inquiries into the deaths) be done for all such cases, where police shooting resulted in deaths. - Online Citizen, 11/6/2018

    Sunday, June 10, 2018

    MADPET - Extrajudicial Killings Need Speedy Independent Investigations - 6 Reported Shot To Death By Police After Pakatan Harapan Became Government.


    Media Statement – 11/6/2018

    Extrajudicial Killings Need Speedy Independent Investigations - 6 Reported  Shot To Death By Police After Pakatan Harapan Became Government.

    MADPET(Malaysians Against Death Penalty and Torture) is disappointed with the lack of response of the new Pakatan Harapan government, in particular the Home Minister Muhyiddin Yassin, being the Minister in charge of the police, about at least 3 recent possible ‘shoot to kill’ incidents, that were reported in the media, that involved the death of 6 persons who were shot to death by the police.

    The duty of the police is to arrest persons suspected of committing a crime, and the police can use ‘reasonable force’ in carrying out these arrest. 

    The Malaysian Criminal Procedure Code, in section 15 states most clearly how arrest is to be made. Section 15(2) states, “(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.” The word used is ‘to affect arrest” – not kill. 

    Section 15(3) states that, “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.” Stress must be given to the word ‘accused’, not just suspected of committing an offence. Hence, subsequent ‘post-killing’ statements that they were suspected of being involved in past crimes in no way can justify such killings. Sadly, the victims, now dead, cannot even deny these allegations or tell us what really transpired.

    The question that arises now, is whether these shooting that resulted in death was reasonable or really necessary. Were the police shooting to affect an arrest, or were the police shooting to kill? 

    The recent 3 reported incidents of concern, that happens after Pakatan Harapan has become the new government following the General Elections on 9/5/2018, are as follows:- 

    2 shot dead by Police (D9) – Star, 16/5/2018   

    In the Star report dated 16/5/2018, entitled ‘Cops kill two robbers in shootout’, it was alleged that a police personnel from Bukit Aman Serious Crimes Division (D9) stopped a car whose occupants inside were ‘acting suspiciously’, and when they identified themselves as police, shooting ensued resulting in the death of the 2 occupants. It is suspicious that the car had stopped at the request of the police before the shooting allegedly happened.

    3rd suspect shot dead by police (D9) – 19/5/2018

    In another Straits Times report dated 19/5/2018, entitled ‘Malaysia cops shoot dead third suspect in Damansara Jaya goldsmith robbery’. It was reported that “…SAC Fadzil said that in the latest incident, policemen from the Selangor Police Serious Crimes Investigation Division (D9) had chased the suspect as he sped off in a Honda Civic car, which eventually skidded and crashed into a tree."The suspect came out of the vehicle and opened fire at the policemen. The policemen returned fire and killed the suspect," he said in a statement….”.

    What is odd of this, is the fact that the police, the day before had said, ‘…According to Selangor Criminal Investigation Department chief Fadzil Ahmad, the incident took place at 5pm on Friday (May 18) after six robbers wearing helmets and jackets stormed into the mall located at the Damansara Jaya area… A shootout ensued and as a result, two suspects were shot dead, while another suspect was injured. Four suspects, including the one injured, were arrested by the police for further investigations…’(THE STAR/ASIA NEWS NETWORK, Straits Times, 18/5/2018). There is no mention here of any other suspect escaping, and noting that they were all wearing helmets, one wonders how the police even identified the person killed the following day.

    Police shoot man with machete – 21/5/2018

    In a Star report dated 21/5/2018, entitled ‘Police shoot fake forex syndicate member dead’. Here, the victim was not even shooting at the police, and the report says, ‘…“He came at them with a machete and they had to open fire to defend themselves, killing him,” he said….”

    What will our new Pakatan Harapan government do about these extrajudicial killings?

    MADPET is disappointed that Muhyiddin Yassin, our new Home Minister, who is responsible for the police, or the Pakatan Harapan government has failed to respond promptly when these killings happened, and have yet to tell Malaysians how they will deal with these cases of police shooting that have resulted in death.

    This kind of killings  had been an issue of concern, that has been raised up by many human rights groups, including the Malaysian Bar for past few decades, but sadly the then UMNO-BN government failed to satisfactorily address this matter. It is hoped that our new Pakatan Harapan will finally deal with such issues justly.

    The late Senior lawyer and former Bar Council president Raja Aziz Addruse did say ‘…that proper justification must be given for the taking of a life. “Just to say, ‘Because they were shooting at me,’ is insufficient,” he says. “In many of these cases, there’s always a gun found in the car. It’s just too coincidental. Very often, all the people allegedly involved are killed...” 

    He also had cited ‘…the need for an independent tribunal to look into police shootings. “In other countries, an independent inquiry would be held to find out what happened,” he says. “For example, in the UK, an inquiry was held in the case of the shooting of Jean Charles de Menezes.” The inquiry eventually found the Met police force guilty of endangering public safety, and it was penalised for shooting de Menezes dead….’

    How the new Pakatan Harapan government deals with these recent cases of these ‘extra-judicial killings’, more so since these incidents happened after they became the new government of Malaysia, is crucial. 

    There certainly must be quick independent inquiries into these recent incidences, which have resulted in the death of 6 persons or possibly more, noting that not all such incidences do get reported. 

    While MADPET appreciates the fact that the new Pakatan Harapan federal government is in the process of establishing an Independent Police Complaints-Misconduct Commission (IPCMC) as mentioned by the Minister of Home Affairs Tan Sri Muhyiddin Yassin on 22/5/2018, steps need to be taken now to immediately investigate these police ‘shoot to kill’ incidences. Delay is not an option.

    MADPET proposes that the Minister immediately appoint an interim Task Force, to immediately investigate these cases. Further, the Minister and/or the government should maybe order that inquests (or inquiries into the deaths) be done for all such cases, where police shooting resulted in deaths. 

    Charles Hector
    For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)


    Relevant media reports


    Cops kill two robbers in shootout






  • Crime scene: Passers-by watching the officers on duty at the scene of the shooting near Rawang.
     
    PETALING JAYA: A routine early morning crime prevention round by a team of policemen led to a shootout with two heavily armed robbers who were eventually shot dead.

    At around 3am yesterday, police personnel from Bukit Aman Serious Crimes Division (D9) out on a crime prevention round noticed the occupants inside a car acting suspiciously near the Kun­dang night market area in Rawang.

    After tailing them for about 2km along Jalan Lagong, the officers managed to stop the car at a bend on the road.

    However, after police verbally identified themselves, the two male suspects, aged 40 and 41, started shooting at the officers, which resulted in an exchange of gunfire that saw the two suspects killed.


    According to Selangor CID chief Deputy Comm Datuk Mohd Adnan Abdullah, police believed that the two men were preparing for a robbery, judging from the items seized in their vehicle.

    “We found a .38 (calibre) handgun near one of the suspects with four spent casings and a live round.

    The other suspect, believed to be the driver, was found with a firearm tucked under his waist,” said DCP Mohd Adnan.

    While inspecting the suspects’ car, the cops also found various weapons.

    “We recovered a machete, two knives, a metal rod, gloves and a ski mask,” said DCP Mohd Adnan.

    Also found was a licence plate with the number WTG 9832.

    DCP Mohd Adnan said the plate could have been used during robberies to throw off the police.

    Investigations showed that one of the suspects was a wanted man with four prior cases on his record.

    Further investigations also found that the car used by the two suspects was reported stolen back in 2014. - Star, 16/5/2018





    Malaysia cops shoot dead third suspect in Damansara Jaya goldsmith robbery


    Six men wearing full-face helmets, three of them armed with pistols, stormed into the goldsmith shop at the mall in Damansara Jaya on May 18.
    Six men wearing full-face helmets, three of them armed with pistols, stormed into the goldsmith shop at the mall in Damansara Jaya on May 18.PHOTO: GOOGLE MAPS
    PETALING JAYA (BERNAMA, THE STAR/ASIA NEWS NETWORK) - The police have shot dead the third of about eight people involved in a robbery on Friday (May 18) at a goldsmith shop in a shopping mall in Damansara Jaya near here.

    The 22-year-old man was overcome in a gun battle between him and pursuing policemen in Bukit  Beruntung, Hulu Selangor, at about 1am on Saturday, said Selangor CID chief SAC Fadzil Ahmat.

    The police shot dead two of the robbers and arrested four of them as they were fleeing after the robbery at about 5pm yesterday.

    SAC Fadzil said that in the latest incident, policemen from the Selangor Police Serious Crimes Investigation Division (D9) had chased the suspect as he sped off in a Honda Civic car, which eventually skidded and crashed into a tree.

    "The suspect came out of the vehicle and opened fire at the policemen. The policemen returned fire and killed the suspect," he said in a statement.

    He said the policemen recovered a revolver with three rounds of ammunition and three spent bullet shells and some jewellery, apparently part of the loot.
    "The suspect had two past criminal records," he said.
    At about 5pm yesterday, six men wearing full-face helmets, three of them armed with pistols, stormed into the goldsmith shop at the mall in Damansara Jaya.

    The police shot dead two of the robbers and arrested four of them as they were fleeing after the robbery.

    It is believed that more than eight men were involved in the robbery.

    Selangor Criminal Investigation Department chief Fadzil Ahmad said that the suspects are part of a crime syndicate, which has been active in Selangor, Kuala Lumpur and Negeri Sembilan since 2017.

    "So far, this group is involved in eight goldsmith robbery cases since last year. We believe there are other suspects who are still at large and we are hunting them," he added.

    No police officers were injured from the shootout.

    A witness, who wished to remain anonymous, saw the suspects carrying hammers and black-coloured bags into the mall.

    "They were walking slowly and once they were inside the mall, they ran towards the goldsmith," he said. "When we heard the sound of breaking glass, we ran towards a storeroom and hid."

    Senior Asst Commissioner Fadzil said that the police have not ruled out that the robbery was an inside job, as investigations are ongoing.

    He said that the stolen jewellery has been recovered by the police and the goldsmith is trying to ascertain the total value of losses incurred from the incident.

    Another witness, tech journalist Sharmila Ganapathy, said she heard the shots coming from a goldsmith shop on the ground floor at about 5.15pm.

    Twitter user Ridhwa Huda posted a tweet at 5.27pm, saying she had witnessed an exchange of gunfire between police and unknown persons.

    "Oh my God. Police are shooting live in front of us. My heart feels like falling out," she wrote in Malay.

    https://twitter.com/ridhwaMR/status/997406350731755520 "At Atria mall. Thought people were playing firecrackers. But seems like (a) real pistol," she added. "Wanted to go home, but police warned, 'Don't go out.'" - Straits Times, 19/5/2018
     

    Two suspects shot dead by Malaysian police after robbery at goldsmith in Petaling Jaya mall

    PETALING JAYA (THE STAR/ASIA NEWS NETWORK) - Two suspects were shot dead by Malaysian police when they tried to escape after robbing a goldsmith at the Atria Shopping Complex in Petaling Jaya.

    According to Selangor Criminal Investigation Department chief Fadzil Ahmad, the incident took place at 5pm on Friday (May 18) after six robbers wearing helmets and jackets stormed into the mall located at the Damansara Jaya area.

    “The Petaling Jaya district police were informed of the incident at about 5pm and they headed there immediately," he said.

    “When they arrived, they ran into the group of suspects who had robbed the goldsmith and tried to escape with four motorcycles parked outside,” he told reporters during a press conference held outside the mall.

    He said that the suspects first fired towards the police, leaving them no choice but to retaliate.

    A shootout ensued and as a result, two suspects were shot dead, while another suspect was injured.

    Four suspects, including the one injured, were arrested by the police for further investigations.


    “We have also confiscated a semi-auto pistol, a revolver, an air gun and hammers,” he added.

    He said that the suspects are part of a crime syndicate, which has been active in Selangor, Kuala Lumpur and Negeri Sembilan since 2017.

    “So far, this group is involved in eight goldsmith robbery cases since last year. We believe there are other suspects who are still at large and we are hunting them,” he added.

    No police officers were injured from the shootout.

    A witness, who wished to remain anonymous, saw the suspects carrying hammers and black-coloured bags into the mall.

    “They were walking slowly and once they were inside the mall, they ran towards the goldsmith," he said. “When we heard the sound of breaking glass, we ran towards a storeroom and hid.”

    Senior Asst Commissioner Fadzil said that the police have not ruled out that the robbery was an inside job, as investigations are ongoing.

    He said that the stolen jewellery has been recovered by the police and the goldsmith is trying to ascertain the total value of losses incurred from the incident.

    Another witness, tech journalist Sharmila Ganapathy, said she heard the shots coming from a goldsmith shop on the ground floor at about 5.15pm.

    Twitter user Ridhwa Huda posted a tweet at 5.27 pm saying she had witnessed an exchange of gunfire between police and unknown persons.

    "Oh my God. Police are shooting live in front of us. My heart feels like falling out," she wrote in Malay.

    "At Atria mall. Thought people were playing firecrackers. But seems like (a) real pistol," she added.

    "Wanted to go home, but police warned 'Don't go out'." - https://www.straitstimes.com/asia/se-asia/multiple-gunshots-heard-at-atria-mall-in-malaysias-petaling-jaya

    See also:-

    Another man with a machette shot and killed by police? Speedy INDEPENDENT inquiry needed?