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
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.
“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
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.
"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
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
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.
"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
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