Media Statement – 12/7/2021
Criminalize Torture and Get Rid of Police involved in torture
-Attacking Those Who Highlight Allegation of Police Torture Wrong -
MADPET (Malaysians Against Death Penalty and Torture) is again appalled by the Malaysian government’s response to allegation of torture by the police when Human Rights Defenders or those that highlight these alleged wrongs are targeted, rather than focusing on the investigating the torture allegation and prosecuting the guilty officers.
Malaysian law still does not clearly criminalizes torture by police or other enforcement officers, an offence that should carry a deterrent sentence, and the guilty must be forthwith removed from the police force to improve public perception.
Chilli Powder & Thinner, and targeting of HR Defenders
After an animated short video entitled “Chilli Powder & Thinner”, allegedly based on an experience of police torture was screened, on 2/7/2021, the police called in Human Rights Defender Anna Har and cartoonist Amin Landak to be investigated under Section 500 of the Penal Code for defamation, Section 505 (b) of the Penal Code for statements that could cause public alarm and distress, and Section 233 (1) (a) of the Communications and Multimedia Act for improper use of network facilities.
The offices of Freedom Film Network (FFN) and the cartoonist house was raided, and computers and other items were apparently confiscated. Then, on 6/7/2021, 4 other HR Defenders, namely Kua Kia Soong, Sevan Doraisamy, Mohammad Alshatri and Sharon Wah were called by the police for investigation.
What is disturbing is that the alleged torture incident itself and the police officers involved in that torture seem to have not yet been investigated, when that should have been the priority.
The police and government are in denial if they believe that all their officers never torture anyone, a fact that have been proven following Anwar Ibrahim’s black eye incident, and the findings of the many inquiries by Enforcement Agencies Integrity Commission (EAIC) and the Malaysian Human Rights Commission(SUHAKAM). Most police officers may follow the law, and as such it crucial to protect the image of our police that those officers that torture and/or involved in crimes ought to speedily be punished in accordance to law and weeded out of the force.
If tortured, do not point fingers at police?
The current system and state of affairs do not deter the use of torture by the police and/or other enforcement officers, and even when it results in death. The targeting of those that highlight torture by the police seems provide a perception that we cannot and/or should not highlight police wrongdoing.
Malaysia has a poor history of criminal prosecution and convictions of the officers who tortured.
Many a times, the government choose to resort to non-transparent internal disciplinary mechanisms which many a time may simply retain the perpetrator within the government service. Identity of the guilty and the punishment rendered is little known, and this discourages victims and those who know from highlighting torture by the police and government personnel. This also does not deter other police officers from doing similar wrongs.
Many lawyers are aware of torture of suspects, but sadly as they are bound by professional obligations cannot do much, unless their client choses to speak up or report the torture. Others are aware of it. SUHAKAM and EAIC have also, after inquiry, concluded that torture do happen.
In the death in police custody case of Syed Mohd Azlan, even the EAIC inquiry found guilt on the part of the police - "…the use of physical violence by police during arrest and questioning was the cause of Syed Mohd Azlan Syed Mohamed Nur’s 2014 death in custody... ‘…investigations found attempts to obscure evidence from the 25-year-old's interrogation'."
Does the government want us to highlight, or simply suffer silently…
Persons who are tortured by police fear highlighting the crimes of police officers for fear of possible repercussions by the police and the government. More so, if they suffered torture of a more embarrassing nature, including sexual at times, they simply elect not to report for fear of long term public perception targeted against victims or shame.
What happens after this “Chilli Powder & Thinner” video, shows a bad example of a government going after people that bravely bring to light these alleged incidents of torture, rather than investigating the torture, and prosecuting the police officers responsible for such crimes.
End Retaliation Against Those Who Report/Highlight Police Torture/Wrongs
One has the right to make a police report alleging torture or wrongdoing by the police, but the problem is proving the crime, as it is difficult to secure evidence from other officers who would have witnessed the said crime.
Further, when one reports police torture, there is the risk and/or threat of a retaliatory report by the authorities, that they will make a report that you have made a false report or provided false information, which are offences, which if convicted attracts prison sentences.
Abolish false report/information and/or criminal defamation offences against persons that report/highlight torture/wrongdoings of police or government employees. All allegations need to be thoroughly investigated and acted on preferably by independent officers/bodies.
Continuous Tamperproof Evidence Mandatory
Continuous tamperproof evidence must be made available to verify truth of torture and other wrongdoings by police and enforcement officers.
Evidence of torture and other abuses on suspects and others would have been so easy if there were CCTV recordings. There must be CCTV recordings at all places of the police station and places of investigation, which should be immediately available to suspects arrested, investigated and detained, and/or their lawyers. Body Cams and cameras on police vehicles will ensure that there will be recording documentation from the point of arrest itself. Such CCTV or recordings will certainly encourage police and other enforcement authorities to follow the law, and not resort to torture, threats and other wrongdoings.
In Hong Kong, for over 3 decades, video recordings from the point of arrest, time spend in police custody, even during investigations are made, and these recordings are available to suspects and/or their lawyers on request. These recordings prove that all the police did was in accordance to law, and there was no torture or other abuses of rights that happens during police custody. Witnesses can be compromised, but video recordings are good evidence.
In November 2020, in a parliamentary written reply, Home Minister Hamzah Zainuddin said government will implement the proposal made during the Pakatan Harapan administration on the use of body cameras by police officers with the hope that it will prevent the accusation and imputation brought against the security personnel while performing their duties. He said that the government was concerned about the integrity level of the members of the police force. (Malaysiakini, 19/11/2020)
Criminalize police torture and abuses
There is a need for specific offences that criminalizes torture and corruption by police and other law enforcement officers, which must carry deterrent sentences, including dismissal. Such offences must be dealt by the courts, and no more through ‘secret’ internal disciplinary mechanisms.
Malaysians deserve to know the identity of those found guilty of torture, corruption and other crimes that violates human rights. Victims too deserve to be accorded adequate compensation.
The continued presence of ‘criminals’ in the police or enforcement bodies is not good for the image of law enforcement agencies.
Further, there must not be retaliation against persons who courageously highlight allegations of torture, corruption and other abuses by the police and/or other law enforcement bodies.
Proposed IPCMC, SUHAKAM and EAIC must be independent with prosecution powers
SUHAKAM and EAIC have done inquiries on police torture and wrongdoings, but alas it stops there without further investigation and/or prosecution of the alleged wrongdoers, and this makes these bodies nothing but ‘toothless tigers’, and one remedy is to ensure that such institutions have prosecutorial powers – the power to charge persons in court.
Even Royal Commission of Inquiries are useless if the government of the day ignore its findings and its recommendations, and do nothing thereafter. The situation is made worse, when inquiry findings are not even made public. On 5/7/2021, SUHAKAM once again called on the government to release the report and findings of the royal commission of inquiry’s investigation into the human trafficking camps and graves in Wang Kelian.
Malaysia needs a real Independent Police Complaints and Misconduct Commission (IPCMC) with prosecution powers.
We need remember that the reason for the IPCMC is public perception that existing internal mechanisms, the police and even the MACC has failed to effectively deal with corruption, torture and other abuse of powers especially within the police force.
Likewise, SUHAKAM and also EAIC also need to be given greater independence and prosecutorial powers. The EAIC is certainly still needed as it currently deals with every other law enforcement and administration of justice departments under the various different Ministries.
MADPET calls for Malaysia to encourage the highlighting of torture and other abuses committed by the police, with a guaranteed protection from retaliation to Human Rights Defenders and those who report or highlight such allegations and/or incidents;
MADPET also calls for the immediate discontinuation of targeting and/or harassment of all those involved in the video “Chilli Powder & Thinner”, and
MADPET calls for creation of specific offence of torture, with a more deterrent penalty when the perpetrators of the said torture are police officers or other law enforcers;
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Cops raid Freedom Film Network’s office, cartoonist’s home
PETALING JAYA: Police raided the office of Freedom Film Network (FFN), just an hour after its co-founder Anna Har and cartoonist Amin Landak were questioned at Bukit Aman over their animated film which details alleged torture in police custody.
Amin’s home in Wangsa Maju was also raided.
“The police are currently raiding the FFN office, and I’m outside here right now (5.30pm),” said the duo’s lawyer, Rajsurian Pillai.
“Another unit is raiding Amin’s house.
“Upon giving our statements in the afternoon, the police said they had a warrant to raid FFN’s office and Amin’s home — and their units were already there,” he added.
Rajsurian later said police confiscated three computers, a modem and a router from the office. They also confiscated a laptop from Amin’s house.
The duo arrived at Bukit Aman at 2.30pm and left around 4.10pm.
Har and Amin, who are also represented by Kee Hui Yee, are being investigated under Section 500 of the Penal Code for defamation, Section 505 (b) of the Penal Code for statements that could cause public alarm and distress, and Section 233 (1) (a) of the Communications and Multimedia Act for improper use of network facilities.
Their four-minute animated film, titled “Chilli Powder & Thinner”, is supposedly based on the testimony of a 16-year-old boy who was allegedly arrested and beaten up by police along with two other individuals.
The film premiered at FreedomFilmFest, an annual human rights documentary film festival organised by FFN.
Released last month, the film shows the boys being tied and beaten up with wooden sticks and rubber hoses before their bodies were smeared with chilli powder and coated with thinner.
The animation film was released on the back of four deaths in custody from mid-April to June which have been widely covered by local media.
On June 17, police summoned a Free Malaysia Today journalist to Bukit Aman to question him on his article on the animated film.
FFN’s Brenda Danker called on the police to stop investigating human rights defenders, artists and journalists for highlighting alleged police misconduct.
“Instead of investigating them, why are they not addressing the urgent messages in the film?” she asked.
“They need to look into why this is happening. Instead, they are looking at the artists and journalists who are bringing this issue to light.
“The people have a right to know what happened.” - FMT, 2/7/2021
Suaram: Police record statement from three activists to assist probe into animation on police brutality
.JPG "(From left) Mohammad Alshatri, Sharon Wah, Suaram executive director Sevan Doraisamy and Kua Kia Soong are seen with their lawyers at Bukit Aman in Kuala Lumpur July 6, 2021. — Picture by Fidaus Latif")
KUALA LUMPUR, July 6 — Suara Rakyat Malaysia (Suaram) legal representative Rajsurian Pillai said that individuals called up by the police today over a short animation on alleged police brutality were called in as witnesses and not suspects.
He said the three activists from Suaram namely — Kua Kia Soong, Sevan Doraisamy, and Mohammad Alshatri — and Sharon Wah from Misi Solidariti were called in to assist the police investigation.
Rajsurian said that the individuals are being investigated under Section 500 of the Penal Code for defamation, Section 505(b) of the Penal Code for “statements conducing to public mischief”, and Section 233(1)(a) of the Communications and Multimedia Act for improper use of network facilities.
“I would not say they are suspects, they are more like witnesses so far (into the investigation).
“Nothing was confiscated, no raiding happened, just (gave) statement and they were in for less than one hour... everything went smoothly,” Rajsurian said in front of the Bukit Aman police headquarters today.
Yesterday, Suaram confirmed that four individuals were called to assist the investigation over an animated video titled Chilli Powder & Thinner, which details allegations of torture and abuse suffered by three Malaysian boys in police custody following their arrest, based on the testimony of one of the teens.
Last week, it was reported that the police raided the production house Freedom Film Network (FFN) in Petaling Jaya, Selangor co-founded by filmmaker Anna Har, and cartoonist Amin Landak’s home in Wangsa Maju.
Both Har and Amin were questioned under the same investigation that the four individuals faced today. - Malay Mail, 6/7/2021
Police to use body cameras to prevent misconduct, corruption - Hamzah
The government will implement the proposal made during the Pakatan Harapan administration on the use of body cameras by police officers.
In a parliamentary written reply, Home Minister Hamzah Zainuddin (above) said the move will prevent the accusation and imputation brought against the security personnel while performing their duties.
The first phase procurement for 2,168 units of 4G body cameras will be made under the 12th Malaysia Plan in 2021, he said.
"The government is concerned about the integrity level of the members of the police force. The use of body camera can improve the positive perception of the people on the police," Hamzah added.
"The procurement will be implemented in 2021," he told Oscar Ling (Harapan-Sibu), who asked if the Perikatan Nasional government plans to use body cameras to prevent abuse of power and corruption.
Hamzah said the government is committed to implementing the project by taking into account the positive outcome of reducing complaints, wrongdoing and corruption among the police personnel while performing their duties.
"On top of that, the transparency of the delivery of services can be strengthened while at the same time improve the relationship between the police and the community," he added.
In September 2019, the then prime minister Dr Mahathir Mohamad said the government was looking at equipping selected enforcement personnel with body cameras as part of its efforts to combat corruption and other alleged abuses of power.
Other measures included installing more CCTVs at strategic locations, including police lock-ups.
Inspector-General of Police Abdul Hamid Bador also welcomed the proposal.
However, Pasir Gudang MP Hassan Karim had decried the proposal, saying it would be akin to treating the enforcement personnel as criminals. - Malaysiakini, 19/11/2020
LETTER | CCTV recordings must be used for death in custody cases
LETTER | A review of body camera and CCTV footage would help prove the police's innocence in the murder/killing of Muhammad Afis Ahmad.
At 12.30am on Jan 28, Afis was found unconscious in the lockup of the Yan police headquarters in Kedah. He was then sent to the Yan Hospital. At 1.10am, fourty minutes later, he was pronounced dead.
He was arrested on Jan 27 under Section 379 and 170 of the Penal Code in connection with theft and impersonating a police officer.
Died due to blunt force trauma to the head
A post-mortem conducted the following day revealed that Afis had died due to blunt force trauma to the head.
In a report, Kedah police chief Hasanuddin Hassan said "during his arrest, the deceased put up a struggle which caused him to suffer injuries to the face, ear, and forehead."
Investigation not simply to clear police of wrongdoings
The police chief said the investigation was to determine whether there were elements of violence, negligence, or misconduct by police personnel as well as the possibility of injury during the arrest. Statements have been taken from 47 people.
Malaysians Against Death Penalty and Torture (Madpet) is of the opinion that a murder investigation ought to be conducted, noting that the cause of death was blunt force trauma to the head. If someone struck his head, and that ultimately caused the death, then the person could still be charged for murder or a related killing offence.
It must be pointed out, there is a possibility the blunt force trauma on the head that killed could have also been caused by some other parties - not the police. So, narrowly investigating only to ensure no police wrongdoing is just not right.
As such, it is essential that it be a murder or killing crime investigation under the penal code. If it was a police officer who caused it, then ensure that the perpetrator is charged in court just like everyone else, and not simply dealt with quietly through some internal disciplinary action.
There is the possibility of another crime, being section 304A of the penal code, for not getting a prompt inspection of the deceased by a medical professional - causing death by negligence.
All arrested who are injured or sick must be given medical exam
After his arrest, there were obvious injuries to the head of Afis, and a relevant question was whether he was taken to the hospital for treatment and checkup, or examined by a doctor. If this was done, there is a possibility that he may still be alive today.
Immediate medical examination soon after an arrest will also prevent unfounded accusations of police violence post-arrest or whilst in police custody.
Investigations must be done by independent coroner, not police
In cases of death in police custody or death caused by police shooting, it is best that the investigations be conducted by the coroner or some other independent body.
The police investigating their fellow police officers, more so within the same police district or station, may lead to improper investigation and may not lead to justice.
We note that some earlier inquiries by the Enforcement Agency Integrity Commission (EAIC) into deaths in police custody has found police involvement in covering up the truth, including destroying and/or tampering with evidence.
In the case of Syed Mohd Azlan Syed Mohamed Nur, for example, it was reported that "the use of physical violence by police during arrest and questioning was the cause of Syed Mohd Azlan Syed Mohamed Nur’s 2014 death in custody... The EAIC, in that inquiry, also said 'its investigations found attempts to obscure evidence from the 25-year-old's interrogation'."
As such, as soon as a death happens in police custody or where police are suspected, the coroner, being usually a magistrate, who is not a police officer should lead the inquiry and/or investigation to reveal the truth and ensure that justice is done. Alternatively, it could be a Deputy Public Prosecutor or the EAIC.
Body cameras and CCTVs long overdue
In September 2019, the then prime minister Dr Mahathir Mohamad said the government was looking at equipping selected enforcement personnel with body cameras as part of its efforts to combat corruption and other alleged abuses of power.
In November 2020, in Parliament, the Home Minister of the current government, Hamzah Zainudin said the government will implement the proposal on the use of body cameras by police officers, amongst others to prevent the accusation and imputation brought against the security personnel while performing their duties.
In December, the Inspector-General of Police Abdul Hamid Bador said the police were in the process of acquiring body-worn cameras (BWC) to be used by officers, and also equipping all police cars with cameras.
If the body-cams, vehicle cameras, and CCTV with recording capacity are still not there, Madpet urges that it be made a priority, as this will certainly deter police from breaking the law or violating the rights of others.
Some Malaysian lock-ups do have CCTV, but alas when the recordings are needed as evidence for inquests, it is revealed that these CCTVs do not have recording capacity, or that they were not working at the time.
What is needed is CCTV, body cams, and cameras on police vehicles that have recording capacity, where the recording is stored safely to prevent tampering or deletion by any police officer or station.
In some jurisdictions like Hong Kong, for the last few decades, CCTV recordings are there from the point of arrest and throughout the suspect’s stay in police facilities, and lawyers of suspects are given CDs of these recordings on request.
Such good practice ensures there is no abuse or wrongdoing on the part of the police, that the law is complied with, and that the arrested are not denied any of their rights.
Malaysia yearns for a more trustworthy police force to restore and/or enhance public confidence in our police and the administration of criminal justice in Malaysia. We need police officers who will not hesitate to report, investigate, or even charge a fellow police officer if he/she commits a crime.
CHARLES HECTOR represents Malaysians Against Death Penalty & Torture (Madpet). - Malaysiakini, 9/2/2021
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