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Death in POLICE CUSTODY - we need the Coroner's Report 'confirming' police did not KILL?
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Press statement by Teoh Beng Hock Trust for Democracy on 17 June 2023 in Petaling Jaya
Time to end the culture of impunity at MACC
As another death has occurred under the custody of Malaysia Anti-Corruption Commission (MACC). Teoh Beng Hock Trust for Democracy condemns the third custodial death case at the MACC.
We are gravely disappointed that there is still a lack of meaningful reform after the death of Teh Beng Hock under MACC and would like to emphasize the importance of the safeguards and rights of the detainees.
The victim was arrested by MACC and believed to be a suspect that was involved in illegal mining in the state of Pahang. According to reports, the victim was sent to Putrajaya hospital by MACC when he was found to be feeling ill. However, according to the chief commissioner of MACC Azam Baki, the victim passed away while receiving treatment in the hospital.
Firstly, we strongly believe that the MACC chief is not in a legal position to attempt to give an explanation to the incident or hastily conclude the cause of death; it should have been the duty of the police and Coroner's court to establish the truth behind the case to ensure full transparency.
Most of all, as the chief of MACC, any explanation from Azam Baki on a death that happened under his supervision should not be taken as conclusive evidence in the name of impartiality. Echoing the views of Lawyers for Liberty, we therefore form the conclusion that the MACC chief had "no business rushing into conclusions or explaining the cause of death".
Secondly, whenever a death in custody occurs, we also notice that enforcement officials have the tendency to push the 'responsibility' to the hospital. The language that Azam Baki has employed - where MACC officials first found the victim to be unwell and subsequently passed away in hospital - is too similar in the numerous deaths that occurred under police custody. The causal explanation where the detainee has passed away while receiving treatment does not do justice to the family and would cause the public to lose confidence in MACC.
Given that there were two custodial death cases at MACC in the past 14 years – Teoh Beng Hock and Ahmad Sarbani – and the conclusion of the court of appeal that there was a pre-fall injury on the neck of Teoh and one or more unknown persons caused his death, the police must conduct a thorough investigation on the new custodial death case, including from the angle of tortures leading to death. The police must not be misled by Azam Baki that the decreased died of natural sickness.
For the public to continue having faith in MACC, the investigations must be impartial and transparent to uncover the truth behind. Justice must also be done where firm action needs to be taken if there was foul play involved behind the latest death under MACC supervision.
While MACC has recently shown to be fearless in performing its anti-corruption duty where actions have been taken even against a former Prime Minister, MACC still falls behind in observing and respecting the rights of detainees. We are shocked to hear from MACC deputy director Datuk Wan Shaharuddin Wan Ladin that the right to legal representation does not apply to those that were summoned by MACC as witnesses.
Lest we forget, this is the same excuse that was employed by the officials of MACC previously when they refused Teon Beng Hock's request for legal representation. The tragic death of Teoh Ben Hock should be a lesson and opportunity for MACC to revise its SOP and ensure the rights of legal representation are observed, to protect both the detainee and the public faith towards MACC. Even after 14 years, MACC has still refused to acknowledge nevermind reform this practice which contravenes with the Federal Constitution.
We demand the PH-led unity government to seriously consider reforming the MACC and ensure its anti-corruption crusade does not run afoul with human rights principles. The right to legal representation and freedom of torture must be guaranteed, officers violating the rights of detainees must be brought to justice.
More urgently, justice must be done and seen to be done; the police must investigate the truth behind the latest death in custody under MACC and actions must be taken if there was foul play behind the incident.
The culture of impunity of MACC can only be eliminated when the government takes bold action on previous custodial deaths cases at MACC, including Teoh Beng Hock and Ahmad Sabarni, and prosecute the related officers in accordance with the law.
Ng Yap Hwa
Chairperson
Teoh Beng Hock Trust for Democracy
Media enqury : 0111-0664526
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赵明福民主基金会文告，2023年6月17日于八打灵再也发出。
终止反贪会免责文化 追究扣留所死亡责任
针对反贪委员会再有被扣留者的死亡案件，
根据报导，该名死者因涉及采矿活动的洗钱案，而被反贪会逮捕。
有鉴于反贪委员会曾经发生两宗命案 – 赵明福和阿末沙巴尼 – 及赵明福坠楼前颈部有伤口，
过去的记录显示，反贪会不曾对付涉及被扣留者死亡的调查官，
欲终止反贪会的免责文化，政府必须对滥权者采取严厉的法律行动，
同时，
我们呼吁希盟政府坚定改革反贪会的决心，
赵明福民主基金会主席
黄业华
媒体查询：0111-0664526
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MACC suspect dies in custody
MACC chief Azam Baki says the suspect died at a hospital after feeling ill this morning.
PETALING JAYA: A suspect who was being investigated by the Malaysian Anti-Corruption Commission (MACC) has died while in the anti-graft agency’s custody.
Malaysiakini quoted MACC chief commissioner Azam Baki as saying the man in his 50s died while being treated in hospital for an illness.
The suspect had been detained by MACC yesterday, but he fell ill this morning while at the agency’s headquarters in Putrajaya.
“The man is among three suspects who were detained last night in relation to a money laundering case linked to mining activities.
“This morning, our officers noticed that the man was unwell and promptly took him to the hospital. He died at the hospital while receiving treatment,” Azam said.
The MACC chief said the graft-busters will fully cooperate with the police as they probe the matter.
MACC officers involved in the probe will give their statements to the police soon, he added.
Earlier today, MACC reportedly arrested three people on suspicion of being involved in illegal mining in Raub, Pahang, and money laundering involving some RM1.8 million.
The three suspects were said to have included a mining machine operator and a civil servant. - FMT, 15/6/2023
‘Most critical’ to reform MACC, Bar president tells govt
Karen Cheah says the death of a MACC detainee yesterday has reminded many about Teoh Beng Hock’s death in 2009.
KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) is the institution most in need of immediate reforms, says Malaysian Bar president Karen Cheah.
Her comments come after a suspect being investigated by MACC fell ill and died while in custody yesterday. The man in his 50s purportedly died at a hospital while being treated for an illness.
Cheah said this was not the first time that a detainee had died under MACC’s custody, citing the case of Teoh Beng Hock, adding that “everybody is reminded about that incident because of this recent case”.
“I think the time is now ripe for us to seriously look into reforming MACC. Obviously, there are some things that require improvement.
“We have a government pushing for good governance and institutional reforms, and MACC should be one of the most critical institutions to be reformed immediately,” she said.
Cheah was speaking to reporters after officiating the launch of the newly updated “The Police and Your Basic Rights” booklet, more popularly known as the “Red Book”.
Teoh, who was an aide to a then Selangor executive councillor, was found dead on the fifth floor of Plaza Masalam in Shah Alam on July 16, 2009, hours after he had gone to the Selangor MACC’s headquarters on the 14th floor for questioning.
Cheah said reforms to MACC must be aimed at ensuring the anti-graft agency is accountable, transparent and free from external influence.
“Perhaps, the (procedure in the) appointment of the (MACC chief) commissioner has to be revamped.” - FMT< 16/6/2023
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