Joint Media Statement(13 Groups) – 19/8/2024
Criminalize extrajudicial killing, and charge law enforcement officers involved in the killing in Court, for it is Court that decides guilt and whether any defence including self defence will succeed
We, the 13 undersigned groups and organizations is appalled at yet another extrajudicial killing by Malaysian police that happened on 13/8/2024(The Sun), whereby immediately after that the public is fed with the police version of what happened in an attempt to absolve the police from guilt, and with allegations that the deceased was a ‘bad person’. Was there even sufficient time for the police to conduct a proper investigation into the killing? Were the police officers in uniform or in a easily identifiable police vehicle?
In cases of extrajudicial killing, it is the police that caused the killing who should be investigated for the crime of murder and culpable homicide, not the deceased.
However, it must be noted that there have been several cases in Malaysia, where the police version of what happened was found to be LIES.
Police Version Of What Happened Found To Be False
The High Court in Ipoh on 1/2/2024 set aside an open verdict delivered in an inquest involving a police shooting in Sitiawan, Perak nearly eight years ago, and ruled it to be a homicide. "This court, under the Chief Justice’s Direction No 2 of 2019, makes a finding of homicide against the police," he[Judicial commissioner Moses Susayan] said..’ The police and prosecution version were that Mohan got out of the vehicle and fired at the policemen, forcing them to shoot back. However, there were ‘…no bullet casing from the purported revolver used by Mohan was found. Neither were fingerprints, DNA or gunshot residue found on the alleged gun or the deceased. The Inspector-General’s Standing Orders that requires police to fire warning shots and to shoot at the leg was probably not followed. (FMT)
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)
We sadly note that there has been no news about the said police personnel found criminally liable for the killing being investigated and/or charged in the courts, despite the findings of the Coroner and/or the Court.
End Perception that Malaysia Protects Law Enforcement Who Broke the Law
The perception that Malaysia protects police and law enforcement officers from criminal prosecution must end. This is not a matter to be dealt with through internal disciplinary actions – but requires the suspected police officers to be charged and tried in Court.
Sadly, in most of these extrajudicial killings, we do not hear about the findings of the Independent Coroner, who is legally the person who will enquire and determine the cause of death, including whether any person, including the police, was criminally liable for the death. Hence, we only have the police version of what happened issued hours after the killing.
The Home Minister must disclose the findings of the Coroner’s Inquiry of all cases of extrajudicial killing by law enforcement. He must explain why the police have not been charged in court for the crime of killing. Whether, the police’s defence of ‘self defence’ will succeed is something for the Court to decide – not the police, the prosecution, the Minister or the government of the day.
Coroner must investigate immediately, and decide fast
In cases of police killing that we hear about the Coroner’s findings, it is simply too long after the said killing occurred. In cases of extrajudicial killings and deaths in custody of law enforcement, Coroners must speedily inquire into the death and render a decision as fast as possible, preferably within a month, not after years. Coroners must not only rely on the police for evidence, but also do their own independent investigations as the police do ‘lie’ at times to maybe protect their own officers.
Police are the suspects – not the deceased
In extrajudicial killings, the suspects of the crime is the POLICE, not the deceased. It is the police suspects that need to be investigated, and not the deceased. It was odd, that a media report stated that the police had commenced an investigation ‘…under the Penal Code for attempted murder’. Are they investigating the deceased, for if they are investigating the police, it should be an investigation for murder, not attempted murder since the victim died. (NST, 13/8/2024)
Extrajudicial Killings Must Be Criminalized – An offence and a deterrent penalty
Extrajudicial, summary or arbitrary executions – is the deliberate killing of individuals outside of any legal framework - are a violation of this most fundamental right. In Malaysia, the Federal Constitution acknowledges the right to life, and in Article 5(1) states that ‘No person shall be deprived of his life …. save in accordance with law’ and this means that the State or its officers can generally only kill someone after he has been tried, convicted and sentenced to death. When it comes to the police, their duty is merely to arrest and investigate suspects – not kill them.
Malaysian law, on arrest is very clear and right to kill is limited to persons who have already been charged in court, being the time, a suspect becomes an accused, for an offence that carries the death penalty or sentence of imprisonment of 30 years or more.
Section 15 of the Criminal Procedure Code, amongst others, state that ‘…(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.(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.’
In all the known cases, those that end up being shot dead are certainly not accused persons facing trial for such serious offences.
Malaysia must enact a law making extra-judicial killing by law enforcement a crime with a deterrent penalty, as the killers in these cases are public officers responsible for law enforcement, who should never ignore the law and kill suspects, witnesses or others during the performance of their duties. The fact that we have murder and other killing offences in the law is insufficient, and the criminalizing of extrajudicial killings also will indicate Malaysia’s strong position against such killings.
First response by Home Minister is to APOLOGIZE and ensure proper investigation
After anyone is killed whilst making arrest or in police custody, the Home Minister Saifuddin Nasution Ismail first response should be to apologize for the death of any suspect. No one during arrest, custody and investigations by law enforcement should die.
He should also commit to an immediate independent investigation and for a speedy Coroner’s inquiry to determine the truth of what really happened. Was there any acceptable legal defence for the killing of persons by the police? In any case, the police personnel involved should be investigated and charged, and it is up to the Court to determine whether any defence, including self-defence will succeed in avoiding conviction.
The Minister is responsible for the police, but that does not translate that he should always come out in defence of police actions and/or ‘justifying’ possible criminal wrongdoings, trusting the police version of the facts.
On the face of it, the police broke the law when they failed to arrest a suspect alive.
Hence, as Minister responsible, he must come out expressing his remorse for what happened, and commit to a thorough investigation to determine the truth. He must also make sure that the police do not try to prematurely justify killings on the basis that the deceased was a ‘bad person’. He must leave the determination of guilt to the Courts.
It is not for the police to decide whether one is a criminal or not, or whether they deceive the death sentence. They are not ‘judge, jury and executioner’ – the police is NOT ‘a person or group who has unchecked power to make decisions, impose punishments, and carry out those punishments without due process or oversight.’
Therefore, we call
Call for the criminalization of extrajudicial killing, making it a crime with a deterrent penalty;
Call on Malaysia to adopt the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, as rrecommended by the United Nation’s Economic and Social Council resolution 1989/65 of 24 May 1989, which, amongst others, state that ‘Governments shall prohibit by law all extra-legal, arbitrary and summary executions and shall ensure that any such executions are recognized as offences under their criminal laws, and are punishable by appropriate penalties which take into account the seriousness of such offences…’
Call on the Home Minister to disclose findings of the Coroner in all cases of extra-judicial killings in Malaysia, and explain why the said police officers or law enforcement personnel have NOT been charged and tried in Court for the said killings.
Call on Malaysia to end the ‘defamation’ of the dead, as an attempt to ‘justify’ the killings by law enforcement.
Call for the police officers responsible for the death of suspects and others be charged and tried in Court, for it is Court only that determines guilt, and whether any defence for the said crime including self-defence is accepted.
Charles Hector
Ng Yap Hwa
For and on behalf of the 13 groups listed below
ALIRAN
MADPET (Malaysians Against Death Penalty and Torture)
Teoh Beng Hock Association for Democratic Advancement
WH4C (Workers Hub For Change)
Anti-Death Penalty Asia Network (ADPAN)
Banglar Manabadhikar Suraksha Mancha (MASUM), India
Democratic Commission for Human Development, Lahore, Pakistan
Global Women’s Strike, United Kingdom
Legal Action for Women, United Kingdom
Programme Against Custodial Torture & Impunity (PACTI), India
Redemption, Pakistan
Sabah Timber Industry Employees Union (STIEU)
Yaung Chi Oo Workers’ Association (YCOWA)
Robbery suspect killed in shootout with police in Kajang
Selangor police chief Datuk Hussein Omar Khan - BERNAMApix KUALA LUMPUR: A man with a criminal record of six previous robberies was shot dead in a shootout at the entry to the Sungai Balak Toll on the Kajang Dispersal Link Expressway (SILK) near Kajang, Selangor this afternoon.
Selangor police chief Datuk Hussein Omar Khan said that a team from the Bukit Aman Criminal Investigation Department, which was patrolling the area, stopped a Perodua car driven by the man around 3 pm.
The man, who was in his mid-30s, refused to stop the vehicle and fired shots at the police.
“Police returned fire, and the suspect is believed to have been killed in the exchange,” he said, adding that a police officer in his 30s was struck by a bullet in the incident but survived because the bullet hit his bulletproof vest.
He said that
checks revealed the local man was believed to have been involved in a
robbery at a gold shop in Plaza Metro Kajang a few months ago, adding
that an investigation into the incident has been opened under Section
307 of the Penal Code. - The Sun, 13/8/2024
High Court rules businessman’s fatal shooting is homicide
Judicial commissioner Moses Susayan says he finds no justification for the shooting and it was done by a known person.
Judicial commissioner Moses Susayan said he found no justification for the police shooting dead businessman G Mohan.
This court, under the Chief Justice’s Direction No 2 of 2019, makes a finding of homicide against the police, he said in his judgment delivered today in allowing a revision application by Mohan’s father, A Gopela Krishnan.
Lawyer S Raam Kumar had said coroner Ainul Shahrin Mohammad failed to consider admissions by the deceased’s shooters that they were shooting to kill and the inquest conclusion was untenable.
Raam had submitted that police failed to adhere to the Inspector-General’s Standing Orders by not giving warning shots or shooting at the leg of the deceased.
He said no bullet casing from the purported revolver used by Mohan was found. Neither were fingerprints, DNA or gunshot residue found on the gun or the deceased.
He said there was no reason given as to why no roadblock was set up if indeed the police were chasing after Mohan.
There was also no suggestion that the tyres of Mohan’s car had been fired at, he said.
Deputy public prosecutor Evangelin Simon submitted that police had chased after the car driven by Mohan.
She said the car skidded, but Mohan got out and fired at the policemen, forcing them to shoot back.
The facts of the case revealed that a police team was conducting an operation along the Sitiawan-Air Tawar road at about 3.15am on Oct 8, 2016 when they saw a car driven by an allegedly suspicious-looking man.
A post-mortem report revealed that Mohan died of excessive bleeding from two gunshot wounds in the chest and another in one of the legs. - FMT, 1/2/2024
Family of man shot by cop 12 years ago demands murder charge
This follows a High Court ruling in January classifying P Kathir Oli’s death as homicide.
This morning, the family – represented by Suara Rakyat Malaysia (Suaram), Parti Sosialis Malaysia (PSM) and Citizens Against Enforced Disappearances (CAGED) – submitted a memorandum to the Attorney-General’s Chambers (AGC) here to demand appropriate action against corporal Cheah Yew Teik, now retired.
Suaram coordinator Wong Yan Ke said the memorandum today was submitted after a High Court decision in January ruled the incident a homicide, overturning the coroner’s open verdict from a year before.
We want the AGC to take the necessary action and charge the perpetrator with murder, he told the media.
The victim, P Kathir Oli, 31, was fatally shot by Cheah outside a pub in Ipoh, Perak, on Sept 15, 2011.
Previously, media reported then Perak police chief Shukri Dahlan as saying that Cheah had acted in self-defence because the victim and his friends, armed with a parang, had allegedly attempted to rob the pub owner.
However, PSM said according to the testimony from the police, no parang was found at the scene.
According to the memorandum, Kathir and Cheah were involved in a scuffle at a carpark near the pub after Kathir and his friends were denied entry.
When initially confronted by Cheah, Kathir allegedly asked who he was and why Cheah was pointing a gun at him.
The two men then reportedly got into a scuffle and Kathir was shot in the chest and killed instantly.
Following the incident, the family campaigned for an inquest which took place in 2019.
The memorandum also said Cheah was off-duty at the time of the incident and asked why he was carrying a gun.
It likewise asked why Cheah had not shouted a warning before firing his weapon, adding that using a firearm in this context was unwarranted, unreasonable and unjustifiable.
Kathir’s brother P Anbughani, who was at the
event today, said he and his family were waiting for action to be taken
against Cheah.
On the day of the incident, they (the police) claimed that my brother robbed the premises, but now that the court’s verdict is out, there has still been no action taken against Cheah, he said.
Meanwhile, CAGED spokesman Rama Ramanathan
said the AGC had to pay attention to ordinary people in the street who
become victims of the police, not only focus on high-profile cases. - FMT, 16/5/2024
Kajang shootout: Suspect killed, policeman injured during police operation
KUALA LUMPUR: A police operation in Kajang turned deadly earlier today, resulting in a shootout that left one suspect dead and a policeman injured.
Selangor police chief Datuk Hussein Omar Khan said that around 3pm, a routine patrol by the Bukit Aman Criminal Investigation Department encountered a Perodua vehicle near the Sungai Balak toll entrance on the Kajang Traffic Dispersal Ring Road (SILK) Highway.
"In the incident, the suspect refused to stop and fired shots at the police.
"This prompted the police to return fire and the suspect was believed to have been fatally shot in the exchange," he said in a statement.
During the incident, a policeman sustained injuries from the suspect's gunfire.
He said the suspect, a local male in his mid-30s with a criminal record of six robberies, was believed to have been involved in a robbery at a gold shop in Plaza Metro Kajang several months ago.
An investigation has been launched under the Penal Code for attempted murder.
On June 17, four masked robbers robbed a goldsmith shop at Plaza Metro and fled with jewellery from the outlet.
Kajang district deputy chief of police Superintendent Muhamad Nasir
Drahman said the incident occurred at about 3.17pm, involving four male
suspects dressed like security guards, masked, and wearing dark gloves. NST, 13/8/2024
