In Malaysia, what happens when police officers and law enforcement officers break the law? Most times, we do not see these officers being charged in court, tried and convicted - they seems to be just subjected to DISCIPLINARY ACTIONS - and this is not right.
What happens when a police officer beat up, kick, torture a suspect after ARREST - the law is that they cannot do this. They are supposed to just arrest and investigate professionally, whilst respecting human dignity and rights...Sometimes, these torture result in DEATH.. Should the police officers that broke the law be charged and tried in court? YES they must.
Now, the Federal Constitution and the Criminal Procedure Code lays out clearly what police can or cannot do -
Federal Constitution
Art 5
(3) Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.
(4) Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate’s authority:
CRIMINAL PROCEDURE CODE
28A Rights of person arrested
(1) A person arrested without a warrant shall be informed as soon as may be of the grounds of his arrest by the police officer making the arrest.
(2) A police officer shall, before commencing any form of questioning or recording of any statement from the person arrested, inform the person that he may-
(a) communicate or attempt to communicate, with a relative or friend to inform of his whereabouts; and
(b) communicate or attempt to communicate and consult with a legal practitioner of his choice.
(3) Where the person arrested wishes to communicate or attempt to communicate with the persons referred to in paragraphs (2)(a) and (b), the police officer shall, as soon as may be, allow the arrested person to do so.
(4) Where the person arrested has requested for a legal practitioner to be consulted, the police officer shall allow a reasonable time-
(a) for the legal practitioner to be present to meet the person arrested at his place of detention; and
(b) for the consultation to take place.
(5) The consultation under subsection (4) shall be within the sight of a police officer and in circumstances, in so far as practicable, where their communication will not be overheard.
20A Procedure on search of a person -(1) Any search of a person shall comply with the procedure on body search as specified in the Fourth Schedule of this Code.
WHAT IS MISSING IS THE CRIMINAL OFFENSE(with appropriate sentence) when the police officer(0r law enforcement officers) does not follow these laws - what we need is the enactment of offences by police/law enforcement when the law is broken, or NOT followed.
Without such criminal offences, even if we make police reports - what crime should the police CHARGE these offending police officers with?
There is also no general offence and penalty if and when a police officer/law enforcement IGNORE the Constitution..or the Criminal Procedure Code. It is only NATURAL that when the law stipulates what can or cannot be done by police - there must a consequence of their law-breaking - a CRIMINAL OFFENCE, with a sentence.
PARLIAMENT made a mistake - and it must be remedied. POLICE who breaks the law commits a CRIME and must be penalised.
The Constitution and CPC is not a 'GUIDELINE' or a "RECOMMENDATION' for the police to follow or not follow - it is mandatory, and thus there must be provisions for CRIMES when the law is disobeyed..
IN a reassuring statement, Inspector-General of Police Tan Sri Razarudin Husain has emphasised that only a handful of officers and policemen are grappling with issues and engaging in criminal activities...."Of the 137,000 personnel, not even 2 per cent are involved in disciplinary offences or criminal involvement due to the vigilant supervision by superior officers. - Vibes, 13/1/2024
A total of 1,571 police officers and personnel have been subject to disciplinary action last year, said Bukit Aman Integrity and Standards Compliance Department (JIPS) director, Datuk Azri Ahmad.He said among the integrity offences committed were not declaring assets; visiting entertainment centres; marrying without approval from superiors and refusing to accept reports.Azri said that those involved in integrity offences were investigated under the Public Officers (Conduct and Discipline) Regulations 1993.In addition, there are also police officers and personnel involved in criminal offences, namely a total of 23 people involved in crime; corruption (18); drugs (84); and Syariah related criminal offences (48). - Malay Mail, 27/3/2024
Disciplinary action are for employment misconduct - CRIMES are different > for actions that violate the LAW that violate other people's rights.
What were the said 'Disciplinary Conduct' also not stated? Was it for beating up and torturing a suspect? Was it for tampering with evidence? Was it for killing and not arresting? Was it for not firing a warning shot or shooting at legs of the suspect?
What then was the penalty imposed for a particular misconduct?
Disciplinary action seems to be not for 'CRIMES' committed during arrest or investigation - as they are talking about '...not declaring assets; visiting entertainment centres; marrying without approval..??' Was there even any disciplinary action taken for actions of TORTURE, causing deaths...??
And then the penalty when it comes to these disciplinary actions - warnings, fine, demotion... well, recently for criminal liability for a death it custody, the disciplinary action was a mere 'administrative warning' ---
VVIP escort policeman who was reported to have injured a disabled e-hailing driver
The IGP thought that Malaysians will be HAPPY that a disciplinary action has already been taken against the said police officer - BUT we are not..we want justice, we want the said officer to be charged in Court for the CRIME he committed.
Then, the IGP never even told us what was the penalty imposed by the Disciplinary Board - was it just a 'warning' - a slap on the wrist???
Disciplinary action has already been taken against the VVIP escort policeman who was reported to have injured a disabled e-hailing driver in an assault at the st Regis Hotel on May 28.Inspector-General of Police Tan Sri Razarudin Husain said the action was taken immediately after an internal investigation by the Integrity and Standards Compliance Department (JIPS) in early June.He said any policeman involved in disciplinary issues is subjected to action such as warnings, withholding of salary increments, suspension and demotion. - NST, 14/8/2024
Disabled ehailing driver assault dashcam footage revealed
- Nation
-
Wednesday, 14 Aug 2024
PETALING JAYA: Dashcam footage showing the disabled ehailing driver being assaulted by a member of a VIP's security detail has been revealed.
The social rights group Lawyers For Liberty (LFL) released a video showing the security personnel member assaulting the driver in an incident which sparked public outrage in May.
In the two-minute clip released during a press conference, the driver, 46-year-old Ong Ing Keong, is seen waiting for his passengers outside the St Regis Hotel when a security member approaches him and shouts at him.
Ong, who is deaf and mute, is seen rolling down his window to communicate with the man before the man suddenly punches him in the face.
LFL adviser N. Surendran said that the video clip of the incident, which took place on May 28, has been handed over to the police.
"In the face of evidence as clear as that, no one has been brought to justice for this assault upon Ong. It is clearly someone from the escort who did it. His identity is known to the investigative body. Why have charges not been brought?" Surendran said at a press conference on Wednesday (Aug 14).
"We urge the authorities, the police, the Attorney-General's Office and the government to take the matter seriously," he added.
Ong, who has since lodged two police reports over the assault, said he was still waiting for justice.
"I really hope the suspect will be brought to justice. I have shown my face to the media. Why has the suspect not been revealed?
"I feel very depressed for the prolonged silence over this incident," he said through a sign language interpreter. - Star, 14/8/2024
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