Media Statement – 20/7/2019
Prosecute MACC and enforcement officers that broke any law in the case of
Teoh Beng Hock, Syed Mohd Azlan and other Deaths in Custody Case
Charge in court rather than internal ‘secret’ disciplinary actions
MADPET (Malaysians Against Death Penalty and Torture) is concerned
that Attorney General found that there is insufficient evidence ‘…to warrant a
culpable homicide investigation into Teoh Beng Hock's death…’(Star, 17/7/2019).
What needs to be done is to continue investigations.
The Teoh Beng Hock case also raises
many other possible offences that could be prosecuted including the giving
false statements, possibly also suppression or doctoring of evidence, and other
breaches of law. Any enforcement officer who breaks the law should be
investigated and prosecuted in open court.
On July 16, 2009, Teoh was found
dead on the fifth floor of Plaza Masalam, Shah Alam, after going to the
Malaysian Anti-Corruption Commission (MACC) office on the 14th floor of the
same building where he was interrogated. Teoh was brought into MACC Selangor’s
office for questioning at 6pm on July 15, 2009, where he remained for 19 hours
until his body was found at 1.30pm the next day.
Thai forensic pathologist Dr
Pornthip Rojanasunand testified that she was 80 percent sure Teoh had been
strangled before falling off the building. This was based on bruises on his
neck.
The Royal Commission of Inquiry also
concluded that five MACC officers had given false testimonies about their
actions before Teoh was found dead. They were then-MACC Selangor deputy
director Hishamuddin Hashim and officers Mohd Ashraf Mohd Yunus, Bulkini
Paharuddin, Anuar and Raymond.
Both the RCI report and Court of
Appeal judgments clearly stated that MACC officers had committed wrongdoings
when questioning Teoh, yet none has faced prosecution.(Malaysiakini, 16/7/2019)
There is also many other death in
custody cases like the case of Syed Mohd Azlan Syed Mohamed Nur where it was
found that police officers or enforcement officers had broken the law.
In the Syed Mohd Azlan’s case,
the Enforcement Agency Integrity Commission (EAIC) was reported saying, “There
was an element of crime in the attacks involving common intent or abetment by
PDRM officers, including the arresting team, to intentionally use physical
violence on the deceased to cause death or injury,” It said that the action was a criminal
offence, specifically under Section 302 and 325 of the Penal Code read with
Section 34 of the same Act.( Malay Mail, 30/10/2015) EAIC’s investigations also
found attempts to obscure evidence by police officers.
Sadly, we have not heard that all
these officers were charged and tried in court.
Now, we have a new government and
a new Attorney General, and MADPET prays that all these officers who committed
crimes, including ‘doctoring’, fabricating and hiding evidence should be investigated
and prosecuted. Those who make false statements should also be prosecuted.
The perception of the administration
of justice in Malaysia suffers, when police, MACC or other enforcement officers
seem to be able to escape prosecution and trial. Internal disciplinary measures,
including termination, alone is totally inadequate.
Public Officers with the responsibility
of enforcing the law must never break the law, and if they do, they must be immediately
prosecuted and tried in court, and if found guilty, their sentence best be a deterrent
sentence.
Such open trials may result in
ensuring that other enforcement officers will in the future obey the law for
fear of being prosecuted if the break it in any way, be it corruption, torture
or any other crimes.
Therefore, MADPET
Calls on the Attorney General to
immediately investigate, charge and try in open court all enforcement officers
that have broken any law whatsoever, not just those that caused the
death of Teoh Beng Hock, Syed Mohd Azlan and others who have died in custody
and other victims;
Calls on the Attorney General to
look at all SUHAKAM(National Human Rights Commission), the Enforcement Agency
Integrity Commission (EAIC) and other Commission’s reports, and immediately
take action against the police, MACC or other enforcement officers that have
been found to have committed crimes;
Call on the Malaysian government
to adopt a strict policy of prosecuting any breach of law committed by public
servants, and not simply resort to internal disciplinary measures including
termination;
Call on the media to actively
report and highlight all cases involving wrongdoings of public servants,
especially enforcement officers, as this will help reduce corruption and
criminal activities in the police, MACC, Immigration Department and the civil
service generally;
Call on the Malaysian government
to enact laws that makes it a crime for public servants who know of criminal wrongdoings
of their fellow public servants who fail to come forward, or cover-up evidence
of these wrongdoings; and
Call on the Malaysian government
to restore public confidence in the police, MACC, enforcement officers, civil
servants especially the administration of justice in Malaysia.
Charles Hector
For and on behalf of MADPET(Malaysians
Against Death Penalty and Torture)
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