Media Statement – 18/2/2024
Another Man Shot Dead By Police, Rather Than Being Arrested – Investigate Police Involved For Murder
Too Many Extrajudicial Killings in Malaysia – Is the Coroner already inquiring into this death?
Extrajudicial killings, amongst others being cases of police shooting dead suspects rather than arresting them. A person can only be put to death after a fair trial and court sentences to death.
The law is clear that it is the duty of the police is only to ARREST, and reasonable force is permitted to effect arrests. Section 15(2) of the Malaysian Criminal Procedure Code(CPC) states, that ‘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 police have no right to KILL, and this is clear in Section 15(3) CPC, ‘(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for a term of not less than thirty years but not exceeding forty years or with imprisonment for life.’ Killing only may be excused for if the victim is an accused (meaning he/she have already been charged in court) where the offence he/she was charged for carries the death penalty of imprisonment of not less than 30 years. Such persons, in all likelihood, may not be even be walking free but in detention because bail was denied. Hence, killing by police is a CRIME, nay a serious crime. Clearly criminalize extrajudicial killings.
Another Man Shot Dead By Police
On 16/2/2024, a 57-year-old man was shot dead by the police. Allegedly, the deceased opened fire at the police, and the police responded by shooting and killing him. If he was arrested, or shot and arrested alive, then s usual, after the death of the victim, the police comes out with allegations that he that died was a ‘bad’ person. ‘According to Fisol {Kedah police chief Datuk Fisol Salleh], preliminary investigations revealed that the suspect, who is a local, has four criminal records in drugs and fake firearms. Fisol said the case is being investigated under Section 307 of the Penal Code and Section 8 of the Firearms Act 1960.’
Section 507 Penal Code states, ‘Whoever commits the offence of criminal intimidation by an anonymous communication, or by having taken precautions to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment for a term which may extend to two years, in addition to the punishment provided for the offence by section 506.’ The sentence for section 506 is ‘punished with imprisonment for a term which may extend to seven years or with fine or with both.’
There is no Firearms Act 1960, so the police chief may have been talking about Arms Act 1960, where section 8 provides for the offence of possessing or carrying arms and ammunition without an arms license or arms permit etc., whereby the sentence is ‘…imprisonment for a term not exceeding seven years, or to a fine not exceeding ten thousand ringgit, or to both…’
MADPET(Malaysians Against Death Penalty and Torture) believes that the police should be investigating the police officers responsible for the killing, and those who were present for the crime of murder(Section 302 Penal Code). There is no justification to be investigating a man, already dead, who can never again be charged and convicted in court after a fair trial.
Is there ‘police encounter’ in Malaysia just like in Tamil movies?
In Tamil movies, many a time we hear of ‘police encounter’ – being a situation goes after a person with the intention to kill, rather than arrest. Hopefully, this does not happen in Malaysia.
Was the said police officers, reportedly being a team from Division D9 of the Kedah Criminal Investigation Department (CID), not a usual police team, really on a random patrol? Did the killing happen as the police said? Well, for this other than the police investigation, there must immediately be an inquest by the coroner.
Recalling Coroner’s Decision that police abused power and killed…
We recall that on 31/5/2023 that the coroner’s court, presided by Coroner Rasyihah Ghazali, for ‘police shooting that resulted in death of 3, ‘…. concluded that there was abuse of power and elements of a criminal nature in the death of three men who were shot at close range by police three years ago. “The shots were not fired in self-defense. There was abuse of power and (actions in the nature of) criminal elements by police in the death of the men,”… She said police witnesses gave evidence that shots were fired at the men from an upright position but post-mortem reports stated that the bullets pierced their bodies at a downward angle. … “The weapons described by the ballistic expert (Izzuwan Marzuki) and the investigating officer (P Visvanathan) were also in conflict,” (FMT, 31/5/2023)
A Speedy MANDATORY Inquest For All Police Shot And Killed Cases
Now, in Malaysia, in cases of death by police shooting, there must be a speedy INQUEST (Inquiry into the death) by the Coroner of this latest police shooting case. Speed is essential to ensure no tampering or loss of evidence. Delay causes the risk of loss of relevant evidence.
Now with regards to deaths involving the police, Section 334 of the CPC, Inquiry into cause of death of a person in custody of police or in any asylum states that ‘When any person dies while in the custody of the police or in a psychiatric hospital or prison, the officer who had the custody of that person or was in charge of that psychiatric hospital or prison, as the case may be, shall immediately give intimation of such death to the nearest Magistrate, and the Magistrate or some other Magistrate shall, in the case of a death in the custody of the police, and in other cases may, if he thinks expedient, hold an inquiry into the cause of death.
MADPET calls for an amendment of Section 334 to include death by police shooting, and making it mandatory to hold a public inquest. Hence, the words ‘if he thinks expedient’ that makes the holding of an inquest discretionary.
Time For FULL TIME Coroners
A Coroner in Malaysia is required to look into all deaths, and as such it is time to have full time Coroners, not simply Magistrates or Session Court judges, as it is now, who have already so much other works in courts. Inquests should be speedily completed, not after many years since the death.
The independence of the coroners also must be guaranteed. Likewise, the needed trainings ought to be given for them to deal with cases of police shootings, and even deaths in police custody.
END Defamation Of Victims Of Death By Police Shootings
Now, in this recent death by reason of police shootings, the police chief talks about the deceased having 4 criminal records. What does this mean? Was the said deceased previously charged and convicted in court for 4 criminal offences? If he was not, then this is not criminal records simply if his name came up in investigations or police reports? Was he even before arrested and investigated for the alleged 4 crimes?
The dead cannot defend himself/herself – and the making of ‘defamatory’ allegations may or will impact the living, spouse, children and family members. Note that everyone is presumed innocent until proven guilty in court after a fair trial.
SUSPEND police officers until end of investigation/inquest
MADPET reiterates that the priority of the police investigation after anyone dies by reason of being shot by police is whether the involved police officers broke the law. Such police officers ought to immediately be suspended pending investigation, and/or inquests into the death.
TOO Many Extrajudicial Killings In Malaysia
The Home Ministry, in a parliamentary reply in 2012, said that a total of 298 people of various nationalities were shot dead between 2007 and August 2012. (The Sun Daily, 23/10/2012). A total of 279 suspects have been shot dead by the police between 2000 and 2009 was revealed by the Minister in Parliament in 2010(Malaysiakini, 28/6/2010). Minister Hishammuddin also revealed that the police shot dead 82 suspects in 2008, and 88 in 2009. How many extrajudicial killings since then?
How many people were killed following police shooting – what gets reported in media may just be a few examples. The Home Minister must inform Parliament with being asked.
MADPET notes Malaysia has taken the position towards the abolition of death penalty, and hence a moratorium on executions pending abolition. Malaysia has abolished mandatory death penalty. These are all about death sentences imposed by courts after a fair trial. Extra judicial killing is worse as it refers to the killing of a person by the state or its agents, without any judicial or legal proceedings, and such killings must end.
MADPET calls on Prime Minister Anwar Ibrahim and the government of Malaysia to put an end to extrajudicial killing in Malaysia.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
See also:-
298 persons shot to death by police since 2007 - Demand public inquiry for every case
Police who shot and killed man being investigated for MURDER and Arms Act violations? A step in the right direction
SUHAKAM should have PUBLIC INQUIRY on police shooting where 3 died and 1 women allegedly missing?
Extrajudicial Killings Need Speedy Independent Investigations - 6 Reported Shot To Death By Police After Pakatan Harapan Became Government.
Muhyiddin - What are you doing about recent police shoot..victims die incidents after GE14?
Another man with a machette shot and killed by police? Speedy INDEPENDENT inquiry needed?
Extrajudicial killing by Malaysian Police? Police arrest not KILL - Investigate all police shooting incidents?
5 shot dead by police - now sister and 2 kids in hospital fighting for life..
The police shot dead another 6 in Kedah - no one, except alleged girlfriends survived
So wrong for the government, police and even media to brand the 124 persons shot dead by police as criminals - all are innocent till proven guilty
3 with no firearms shot dead by Malaysian police...
Malaysian police shot dead 279...and another 147 died in police lock-ups [2000-2009]
Cepat tindakan kes bunuh lelaki korea, kenapa lambat tuduh polis/pembunuh Syed Mohd Azlan?
Did the police try to arrest them...or did they just shoot to kill them? Extrajudicial killing must be condemned..
Another 'shoot to kill' incident - 4 killed. Yahoo has this question now that need answers: Do you agree that Malaysian police tends to shoot to kill?
2 more extrajudicial killing by police that need to be investigated HOME Minister?
Good if Hishammuddin expresses similar sentiments when persons are shot dead by police in Malaysia, as he did for Nordin Md Top (alleged terrorist)
Abolition of death penalty, extrajudicial killing and life imprisonment (‘secret death penalty”), improving detention to respect human dignity (MADPET)
Armed man killed in shootout with Kedah CID, sizeable ammo found in car, says state top cop
JITRA, Feb 16 — An armed man, who was suspected of being a criminal, was shot dead in a firefight with police at Jalan Bukit Kechil in Napoh near here this afternoon.
Kedah police chief Datuk Fisol Salleh said in the incident at 5.30pm today, a team from Division D9 of the Kedah Criminal Investigation Department (CID), who were carrying out a patrol under Op Laras, had spotted the man behaving suspiciously in a car.
He said the suspect initially refused to stop, but as his car veered to the left of the road, he stopped before firing two shots.
“Police then returned fire in self-defence and managed to kill the 57-year-old man.
“On inspection of the suspect’s car, we found two pistols and a sizeable quantity of ammunition, specifically 100 rounds of 9-millimetre (mm) bullets, 100 rounds of .38 mm. We also found 5.56 bullets used for rifles like M-16,” he said at the scene here tonight.
According to Fisol, preliminary investigations revealed that the suspect, who is a local, has four criminal records in drugs and fake firearms.
Fisol said the case is being investigated under Section 307 of the Penal Code and Section 8 of the Firearms Act 1960.
He added that the location of the shootout was a quiet road that was less travelled by commuters.
He said police would carry out further investigations to see if the suspect was involved with any crime syndicate.
According to him, the suspect’s body was sent to the Jitra Hospital for an autopsy. — Bernama, Malay Mail, 16/2/2024
Cops abused power in shooting of 3 men, including Sri Lankan, coroner finds
The coroner’s court finds that police did not fire the shots at the three men in self-defence as claimed and that there were elements of a criminal nature in the shooting of the trio in Rawang.
SHAH ALAM: The coroner’s court today concluded that there was abuse of power and elements of a criminal nature in the death of three men who were shot at close range by police three years ago.
Coroner Rasyihah Ghazali said, on the balance of probabilities, S Mahendran, G Thavaselvan and his brother-in-law J Vijayaratnam, a Sri Lankan national, died of gunshot wounds on their heads and chests.
“The shots were not fired in self-defence. There was abuse of power and (actions in the nature of) criminal elements by police in the death of the men,” she said this evening at the end of an inquest.
Police had claimed there was an exchange of fire between policemen and the trio at the edge of a jungle in Rawang and that two of the men had been armed with pistols.
Rasyihah, however, said she was unable to conclude as to what had happened to G Moganambal, the wife of Vijayaratnam, who was reported missing after the incident and has yet to be found.
On Sept 14, the three men, whom police said were suspected to have been involved in armed robbery, were killed in a shootout with the police at Km22 of Jalan Rawang heading towards Batu Arang, following a 7km high-speed car chase.
The coroner said today the men died between 5.20am and 5.30am on Sept 14 based on evidence collected in the inquest.
She said scientific evidence with regards to the position of the bodies and the weapons allegedly found on the two men did not tally with the oral testimonies of the policemen.
“The weapons described by the ballistic expert (Izzuwan Marzuki) and the investigating officer (P Visvanathan) were also in conflict,” she said.
She said police witnesses gave evidence that shots were fired at the men from an upright position but post-mortem reports stated that the bullets pierced their bodies at a downward angle.
Rasyihah said, in totality, there were many disputable questions of fact regarding witness statements.
The four had left Kepong at about 10pm on Sept 13 after dinner to visit friends and relatives. Moganambal’s sister, Vasanthi, had testified that Moganambal sent a location map via her mobile phone at about 1am (Sept 14) that indicated they were at a food outlet in Serdang.
Vasanthi stated in her evidence that shop owner Senizam Md Yusof admitted meeting the four that morning. However, Senizam denied in court that he had met them at his premises.
Lawyer M Visvanathan, who held a watching brief for the family of Thavaselvan and Vijayaratnam, said he had instructions to file a civil suit following today’s verdict.
“We have four months to do so as the three-year limitation period to file a legal action against the government will set in by September,” said Visvanathan who was assisted by V Sanjay Nathan.
Deputy Public Prosecutor Sean Dudley assisted the coroner. A total of 20 people gave evidence. - FMT, 31/5/2022
Friday October 30, 2015
11:49 PM GMT+8
According to the enforcement watchdog, its investigations also found attempts to obscure evidence from the 25-year-old’s interrogation that resulted in 61 separate injuries on various parts of his body.
The police officers involved also engaged in a “serious breach” of standard operating procedures concerning the handling of detainees, material seizure, and the integrity of statements.
It added 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.
Section 302 pertains to murder while Section 325 involves voluntarily causing grievous bodily harm; Section 34 deals with voluntarily causing hurt.
The EAIC then recommended that the Attorney-General’s Chambers to prosecute the officers involved for the crimes identified in the agency’s investigations.
It added that it was regrettable that custodial deaths continue to occur repeatedly in the country, saying that the matter should be viewed seriously.
According to the EAIC’s investigations, Syed Mohd Azlan had been arrested on November 3, 2014 near Pengerang, Johor over possible involvement in an armed altercation involving two groups on September 14 the same year.
He had been detained by a team of 13 police officers and held at the Sungai Rengit police station, where he had been interrogated over the attack.
Syed Mohd Azlan was later transferred to the Kota Tinggi district police headquarters to be remanded, but died while in transit.
A post-mortem determined the cause of death to be blunt force trauma to his chest, while 61 defensive wounds were discovered on his face, torso, and both legs. -Malay Mail, 30/10/2015
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