Sunday, September 22, 2019

CCTVs, body cams for cops good but recording is key - rights group(Malaysiakini)

CCTVs, body cams for cops good but recording is key - rights group

Published:
   
Human rights group Malaysians Against Death Penalty and Torture (Madpet) applauds the decision to have police officers don bodycams and have CCTVs installed in lockups but said the government needs to ensure such efforts do not go to waste.

"In some previous inquests, where the victim was found dead in police lock-ups, CCTV evidence could not be adduced because there were no recordings to tender and the police officers who were supposed to be monitoring allegedly saw nothing.

"In other cases, the CCTV was allegedly non-functional. As such, what the government also needs to provide is sufficient funds to ensure that all these CCTVs and body-cams are always functioning well.

"Without recording capabilities, CCTVs, vehicular cams or ‘body cameras’ are of little use," Madpet spokesperson Charles Hector said in a statement today.
He added that the government also needs to ensure that such recordings can be stored for up to six years which is the current statute of limitation for civil suits.

He added that body cameras for police officers and dashboard-mounted cameras for police vehicles are not new and have already been implemented in many jurisdictions.

"In Hong Kong, the suspect (who may also later become the accused) and/or his/her lawyer have a right to get recordings from the point of arrest to release, which also includes recordings of any police interrogations and questioning," he said. - Malaysiakini, 21/9/2019

Full media statement - see below

Media Statement – 21/9/2019


Make sure Police CCTV and Body Cams will Record and records are stored

Malaysia’s Move to Improve Criminal Administration of Justice Applauded


MADPET (Malaysians Against Death Penalty and Torture) welcomes the Malaysian government’s decision as announced by Prime Minister Dr Mahathir Mohamad that the ‘nation’s enforcement officers will be equipped with body cameras to boost efficiency in fighting crime and combating corruption.’(New Straits Times, 19/9/2019). This will not only combat corruption and other abuses of power, but will also enhance the personal security of all enforcement officers and improve our criminal administration of justice. 


It is important that these body cameras and/or CCTV will record and store the information, which could later be accessed to be used as evidence in trials and other inquiries, including inquest, if required, to reveal the truth for even in cases of death in custody and also police shooting incidents which left people dead.


MADPET is also happy that ‘the government will allocate RM73mil to install CCTV cameras in all police lockups nationwide, says Law Minister Datuk Seri Liew Vui Keong.’ (Star, 20/9/2019). It is hoped that CCTV is installed at every location in police station and other enforcement agencies’ facilities.


This will also be evidence that the police followed the law, including Standard Operating Procedures (SOP) and law in all cases.


CCTV records would have helped solve the mystery behind the death of political aide Teoh Beng Hock, who was found dead in 2009 on the fifth floor of Plaza Masalam in Shah Alam several hours after he was interrogated Selangor MACC at its office on the 14th floor of the same building.


The body-cams and vehicular cams would really help in clearing the police of extrajudicial killings including the recent cases, whereby in one of these cases, where 3 were shot dead, the family have made complaints to the Malaysian Human Rights Commission (SUHAKAM) which questions the police version of what really happened.


CCTV had been installed in some police lockups for some time now, but the problem was that they did not have recording capabilities, and were used for usually a police personnel to monitor what is happening in the lockups. In some previous inquests, where the victim is found dead in police lock-ups, CCTV evidence could not be adduced even in inquests because there was no recordings to tender, and the police officers who was supposed to be monitoring allegedly saw nothing. In other cases, the CCTV was allegedly non-functional.


As such, what the government also need to provide for is sufficient monies to ensure that all these CCTVs and body-cams are always functioning well.


Without recording capabilities, CCTV, vehicular cams or ‘body cameras’ is of little use.


It is important that the Malaysian government spends money for CCTV and/or body cameras with recording capacity, whereby these records shall be stored for at least 6 years, or more if investigations are still open or the case are still in courts. 6 years is proposed because it is the current limitation for civil suits, noting that a person arrested could also be assaulted or even killed by a civilian, not just some enforcement officer.


It must be pointed out that the use of ‘body cameras’ are already happening in many jurisdictions. Cams are also mounted on enforcement vehicles.


In many workplaces, in the private sector, CCTV are installed to monitor the workplace. The question of invasion of privacy does not arise, more so since we are talking about public servants.


In Hong Kong,  the suspect(who may also later become the accused) and/or his/her lawyer have a right to get recordings from the point of arrest to release, which also includes recordings of any police interrogations and questionings.


MADPET thus urges the Malaysian government to install CCTVs at all locations in police stations and enforcement offices, including interrogation rooms, and not simply limit it to lock-ups;


MADPET reiterates the call for speedy Inquest into all deaths caused by alleged extrajudicial killings by police or other enforcement agencies;


MADPET also calls for the enactment of laws with deterrent sentences for crimes committed by the police and/or other enforcement officers for their actions/omissions can seriously impact the administration of justice and also human rights; and


MADPET also calls on the Malaysian government to continue to better and improve public perception of the administration of justice in Malaysia.



Charles Hector

For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)

Enforcement officers to be equipped with body cameras, says PM


(file pix) The nation’s enforcement officers will be equipped with body cameras to boost efficiency in fighting crime and combating corruption. NSTP/MOHAMAD SHAHRIL BADRI SAALI
PUTRAJAYA: The nation’s enforcement officers will be equipped with body cameras to boost efficiency in fighting crime and combating corruption.

Prime Minister Tun Dr Mahathir Mohamad said enforcement personnel who would use body cameras included police, and Customs and Immigration personnel.

“The country is experiencing revenue leakages of between RM3 billion and RM5 billion at the nation’s entry points yearly, due to integrity problems of officers and a lack in state-of-the-art technology,” he said after chairing the Special Cabinet Committee on Anti-Corruption (JKKMAR) meeting at Perdana Putra.

“We had agreed with suggestions to improve things, including using technology in the Customs Department operations by setting up a one-stop control centre, monitoring using closed circuit television (CCTV) and adding more scanners with Artificial Intelligence technology as well as operation aid equipment.

“We want to use more cameras and one of these cameras is the body camera.

“We want to implement it as soon as possible. We have the budget for them.

“We will give priority to body cameras and CCTV.”

Dr Mahathir said body cameras and CCTV could help to determine whether accusations made against enforcement officers were based on facts.

He said more CCTVs would be installed at locations such as lock-ups to boost transparency and prevent misconduct resulting in custodial deaths.

Dr Mahathir said JKKMAR had taken note of requests for additional manpower from certain departments, including police and the Immigration Department.

“We currently have too many civil servants of more than 1.7 million.

“We are finding ways to shift those already on our payroll to areas with important tasks.

“We can’t add too many new staff as we don’t have enough money for it,” Dr Mahathir said adding that the upcoming budget must reflect the government’s need to provide technology and extra manpower to certain departments.

He said more effort must be put into fighting corruption.

“Since we came to power for the past 16 months, the Special Cabinet Committee on Anti-Corruption has met almost every month.

“Such a meeting is extremely important because corruption problems are not being reduced significantly.

“There are still many reports being lodged which must be investigated and looked at as to determine what is still lacking and what needs to be done to further improve things.”

Dr Mahathir said the important decisions reached by JKKMAR included allowing the Public Service Department to continue formulating the Public Services Act to improve integrity and governance among civil servants while executing their duties without any worries about favouritism, stress and threats.- New Straits Times, 19/9/2019


CCTV, kamera badan bagus tapi pastikan berfungsi(boleh rakam dan rakaman disimpan selamat) - Kumpulan hak asasi(Malaysiakini)

CCTV, kamera badan bagus tapi pastikan berfungsi - Kumpulan hak asasi

News  |  Diterbitkan  |  Dikemaskini
   
Kumpulan hak asasi manusia menentang hukuman mati dan penyiksaaan (Madpet) mengalu-alukan keputusan kerajaan memasang CCTV di lokap dan pemakaian kamera badan untuk penguatkuasa.

Bagaimanapun, jurucakapnya, peguam Charles Hector berkata usaha kerajaan ini jangan disia-siakan begitu sahaja.

"Dalam beberapa inkues terdahulu, di mana mangsa ditemui mati dalam lokap polis, bukti CCTV tidak dapat dikemukakan kerana tiada rakaman dan pegawai polis yang sepatutnya memantau didakwa tidak melihat apa-apa.

"Dalam kes lain pula, CCTV dikatakan tidak berfungsi. Oleh itu, kerajaan juga perlu memperuntukkan dana yang mencukupi untuk memastikan semua CCTV dan kamera badan ini berfungsi dengan baik.

"Tanpa keupayaan merakan, CCTV, kamera kenderaan atau 'kamera badan' tidak begitu berguna," katanya dalam suatu kenyataan hari ini.

Beliau menjelaskan kerajaan juga perlu memastikan rakaman video sedemikian boleh disimpan sehingga enam tahun yang merupakan tempoh masa yang diberikan untuk saman sivil.

Menurut Charles, kamera badan untuk pegawai polis dan kamera yang dipasang di papan pemuka (dash cam) kenderaan polis bukanlah baru dan telah dilaksanakan di banyak negara.

"Di Hong Kong, suspek (yang kemudiannya boleh menjadi tertuduh) dan / atau peguamnya mempunyai hak untuk mendapatkan rakaman dari sejak saat penangkapan sehinggalah dia dibebaskan, termasuk juga rakaman mana-mana siasatan dan soal siasat polis," katanya. - Malaysiakini, 21/9/2019

***

Media Statement – 21/9/2019


Make sure Police CCTV and Body Cams will Record and records are stored

Malaysia’s Move to Improve Criminal Administration of Justice Applauded


MADPET (Malaysians Against Death Penalty and Torture) welcomes the Malaysian government’s decision as announced by Prime Minister Dr Mahathir Mohamad that the ‘nation’s enforcement officers will be equipped with body cameras to boost efficiency in fighting crime and combating corruption.’(New Straits Times, 19/9/2019). This will not only combat corruption and other abuses of power, but will also enhance the personal security of all enforcement officers and improve our criminal administration of justice. 


It is important that these body cameras and/or CCTV will record and store the information, which could later be accessed to be used as evidence in trials and other inquiries, including inquest, if required, to reveal the truth for even in cases of death in custody and also police shooting incidents which left people dead.


MADPET is also happy that ‘the government will allocate RM73mil to install CCTV cameras in all police lockups nationwide, says Law Minister Datuk Seri Liew Vui Keong.’ (Star, 20/9/2019). It is hoped that CCTV is installed at every location in police station and other enforcement agencies’ facilities.


This will also be evidence that the police followed the law, including Standard Operating Procedures (SOP) and law in all cases.


CCTV records would have helped solve the mystery behind the death of political aide Teoh Beng Hock, who was found dead in 2009 on the fifth floor of Plaza Masalam in Shah Alam several hours after he was interrogated Selangor MACC at its office on the 14th floor of the same building.


The body-cams and vehicular cams would really help in clearing the police of extrajudicial killings including the recent cases, whereby in one of these cases, where 3 were shot dead, the family have made complaints to the Malaysian Human Rights Commission (SUHAKAM) which questions the police version of what really happened.


CCTV had been installed in some police lockups for some time now, but the problem was that they did not have recording capabilities, and were used for usually a police personnel to monitor what is happening in the lockups. In some previous inquests, where the victim is found dead in police lock-ups, CCTV evidence could not be adduced even in inquests because there was no recordings to tender, and the police officers who was supposed to be monitoring allegedly saw nothing. In other cases, the CCTV was allegedly non-functional.


As such, what the government also need to provide for is sufficient monies to ensure that all these CCTVs and body-cams are always functioning well.


Without recording capabilities, CCTV, vehicular cams or ‘body cameras’ is of little use.


It is important that the Malaysian government spends money for CCTV and/or body cameras with recording capacity, whereby these records shall be stored for at least 6 years, or more if investigations are still open or the case are still in courts. 6 years is proposed because it is the current limitation for civil suits, noting that a person arrested could also be assaulted or even killed by a civilian, not just some enforcement officer.


It must be pointed out that the use of ‘body cameras’ are already happening in many jurisdictions. Cams are also mounted on enforcement vehicles.


In many workplaces, in the private sector, CCTV are installed to monitor the workplace. The question of invasion of privacy does not arise, more so since we are talking about public servants.


In Hong Kong,  the suspect(who may also later become the accused) and/or his/her lawyer have a right to get recordings from the point of arrest to release, which also includes recordings of any police interrogations and questionings.


MADPET thus urges the Malaysian government to install CCTVs at all locations in police stations and enforcement offices, including interrogation rooms, and not simply limit it to lock-ups;


MADPET reiterates the call for speedy Inquest into all deaths caused by alleged extrajudicial killings by police or other enforcement agencies;


MADPET also calls for the enactment of laws with deterrent sentences for crimes committed by the police and/or other enforcement officers for their actions/omissions can seriously impact the administration of justice and also human rights; and


MADPET also calls on the Malaysian government to continue to better and improve public perception of the administration of justice in Malaysia.



Charles Hector

For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)

Enforcement officers to be equipped with body cameras, says PM

(file pix) The nation’s enforcement officers will be equipped with body cameras to boost efficiency in fighting crime and combating corruption. NSTP/MOHAMAD SHAHRIL BADRI SAALI
 
PUTRAJAYA: The nation’s enforcement officers will be equipped with body cameras to boost efficiency in fighting crime and combating corruption.

Prime Minister Tun Dr Mahathir Mohamad said enforcement personnel who would use body cameras included police, and Customs and Immigration personnel.

“The country is experiencing revenue leakages of between RM3 billion and RM5 billion at the nation’s entry points yearly, due to integrity problems of officers and a lack in state-of-the-art technology,” he said after chairing the Special Cabinet Committee on Anti-Corruption (JKKMAR) meeting at Perdana Putra.

“We had agreed with suggestions to improve things, including using technology in the Customs Department operations by setting up a one-stop control centre, monitoring using closed circuit television (CCTV) and adding more scanners with Artificial Intelligence technology as well as operation aid equipment.

“We want to use more cameras and one of these cameras is the body camera.

“We want to implement it as soon as possible. We have the budget for them.

“We will give priority to body cameras and CCTV.”

Dr Mahathir said body cameras and CCTV could help to determine whether accusations made against enforcement officers were based on facts.

He said more CCTVs would be installed at locations such as lock-ups to boost transparency and prevent misconduct resulting in custodial deaths.

Dr Mahathir said JKKMAR had taken note of requests for additional manpower from certain departments, including police and the Immigration Department.

“We currently have too many civil servants of more than 1.7 million.

“We are finding ways to shift those already on our payroll to areas with important tasks.

“We can’t add too many new staff as we don’t have enough money for it,” Dr Mahathir said adding that the upcoming budget must reflect the government’s need to provide technology and extra manpower to certain departments.

He said more effort must be put into fighting corruption.

“Since we came to power for the past 16 months, the Special Cabinet Committee on Anti-Corruption has met almost every month.

“Such a meeting is extremely important because corruption problems are not being reduced significantly.

“There are still many reports being lodged which must be investigated and looked at as to determine what is still lacking and what needs to be done to further improve things.”

Dr Mahathir said the important decisions reached by JKKMAR included allowing the Public Service Department to continue formulating the Public Services Act to improve integrity and governance among civil servants while executing their duties without any worries about favouritism, stress and threats.- New Straits Times, 19/9/2019


Saturday, September 21, 2019

Kenapa pekerja tak tuntut gaji OT,kerja rehat dan cuti am bulan ini dibayar sekaligus gaji bulanan? Pinda Akta

Pada tahun 2012, kerajaan Barisan Nasional di bawah PM Najib telah meminda Akta Kerja 1955...di mana MAJIKAN dibenarkan melewatkan pembayaran kerja lebih masa(overtime-OT), kerja hari rehat, kerja cuti am ...selama satu bulan.

Sebelum itu, majikan perlu membuat pembayaran semua kerja OT,kerja hari rehat, kerja cuti umum yang dilakukan pada bulan September pada masa yang sama gaji bulanan bulan September dibayar... 


19. Time of payment of wages
(1) Subject to subsection (2), every employer shall pay to each of his employees not later than the seventh day after the last day of any wage period the wages, less lawful deductions earned by such employee during such wage period.
(2) Wages for work done on a rest day, gazetted public holiday referred to in paragraphs 60D(1)(a) and (b) and overtime referred to in section 60A shall be paid not later than the last day of the next wage period.
(3) Notwithstanding subsections (1) and (2), if the Director General is satisfied that payment within such time is not reasonably practicable, he may, on the application of the employer, extend the time of payment by such number of days as he thinks fit.".
Yang paling adil, Majikan Bayar Dulu...Pekerja Lakukan Kerja.. 

ATAU Pekerja siap buat kerja, Majikan Bayar Gaji..

TETAPI, Pekerja telah terima tak perlu bayar setiap hari bila habis buat kerja ...atau bayar setiap minggu untuk kerja yang sudah dibuat...dan MAJIKAN kini boleh bayar akhir bulan sahaja untuk kerja yang SUDAH dilakukan bulan tersebut....


MAJIKAN UNTUNG ...menang...pekerja kena tunggu sampai akhir bulan untuk dapat gaji atau bayaran untuk kerja yang sudah dilakukan..

Tetapi akhir bulan pun majikan tak perlu bayar...undang-undang katakan hanya perlu bayar sebelum hari ke-tujuh bulan seterusnya...dan apa lagi, Ketua Pengarah atas permohonan majikan boleh lewatkan masa gaji dibayar..

Sekira pekerja dapat wang hari ini, masuk dalam bank pun boleh mendapat faedah...jika melabur lagi banyak faedah..

Bukankah adil jika majikan gagal membayar gaji pada akhir bulan, majikan diperlukan membayar gaji campur faedah 8% se tahun .. Lewat bayar ...pekerja dapat faedah tambahan..

Kini kerajaan Pakatan Harapan ...kerajaan baru - untuk keadilan bagi pekerja, haruskah undang-undang dipinda supaya pekerja akan mendapat bayaran kerja hari rehat, cuti umum dan OT yang dilakukan pada bulan September sekali gus bila pekerja mendapat gaji bulan September? 

Ini ADIL - adakah kerajaan prihatin kepada situasi pekerja...?

TETAPI kenapa kah MTUC, Kesatuan Sekerja dan pekerja sendiri MENUNTUT ini menjadi kenyataan? 

Pekerja BIJAK menuntut keadilan dan hak...tetapi pekerja Malaysia ramai yang terima sahaja penindasan tanpa merungut...atau menuntut keadilan...Mengapa ini?



 

CCTV and Body Cams Must Record and Records Stored - Waste of money if CCTV do not record?

Make sure that the body-cams and CCTV cameras record - and records are stored safely for at least 6 years..

Last time CCTV in police lockups in some station did not record - so only monitored live...so could not be available in death in police custody cases...

Some small business have CCTVs but then after a certain time the record is deleted and new image recorded over - This must not be the case for CCTV at police stations or the body-cams ...It must record..and the records must be stored for at least 6 years (or more if ongoing trial,etc...)

The government will allocate RM73mil to install CCTV cameras in all police lockups nationwide, says Law Minister Datuk Seri Liew Vui Keong.

Body-cams for enforcers - long overdue but finally is here - but again, it must record...and recordings stored not deleted ...

In the private sector, many employers have CCTVs that monitor employees ...so it odd if anyone opposes the idea of monitoring the law enforcers..in Malaysia ..

Body-cams and CCTV every where in the police station will improve Administration of Justice in Malaysia ... And it will difficult for people to try to bribe our law enforcers...and also for law enforcers to take bribes...More important is that it will DETER police from abusing power, torturing people or even killing anyone unnecessarily..

Good job PM and Pakatan Harapan government ..

 

PM announces body-cams for all enforcers prone to abuse


Prime Minister Tun Dr Mahathir Mohamad speaks during a press conference in Putrajaya September 19, 2019. ― Picture by Yusof Mat Isa
Prime Minister Tun Dr Mahathir Mohamad speaks during a press conference in Putrajaya September 19, 2019. ― Picture by Yusof Mat Isa
PUTRAJAYA, Sept 19 — Body-mounted cameras will be issued to enforcement personnel of agencies susceptible to abuse as part of the government’s bid to curb corruption, Prime Minister Tun Dr Mahathir Mohamad announced today.

The government will also seek to install more closed-circuit television camera (CCTVs) at strategic locations, including police lockups, where such abuses are regularly alleged.

“For certain officers, this is so we can see what they are doing,” he told a press conference here.

“If they turn it off also we will know.”

Dr Mahathir said the move comes as complaints of corruption at some government agencies persist while others were faced with problems such as lack of manpower in dealing with matters such as transboundary crime.

The government is evaluating its resources to see if it is possible to reallocate manpower to these agencies and avoid incurring additional costs, he added.

The prime minister said the government could not afford to recruit in order to address the shortage.

“We are finding ways (so) maybe we can shift some of the already employed people to more important jobs because we cannot add any more considering do not have the money (to hire people),” he said.

The government's plan to rearrange its human resources reflect the growing burden on agencies such the Immigration, Customs and police face as the country develops and border traffic increases.

Dr Mahathir said the three agencies, in particular, are severely understaffed and have appealed for the government to more recruits, which the government could not afford.

However, the prime minister said his administration will still seek to meet some of the agencies' other needs based on priority.

“We will give priority to certain equipment,” he explained.

“There are CCTV cameras that will need to be installed but we will give priority to the body cameras and CCTVs.

“That also not every department will get. Some will, some will not.”

As of now, no timeline has been given for the installation of the cameras. Dr Mahathir said funding remains a problem and these will only be procured once “there is money”.

The government lost between RM3 and RM5 billion last year alone due to “leakages” at the country’s borders, the prime minister revealed. - Malay Mail, 19/9/2019





Govt approves RM73mil to install CCTVs in all police lockups

Nation
Friday, 20 Sep 2019 11:48 AM MYT

By JUSTIN ZACK

KUALA LUMPUR: The government will allocate RM73mil to install CCTV cameras in all police lockups nationwide, says Law Minister Datuk Seri Liew Vui Keong.

He said he hoped the work can be completed by the year-end.

"Works are underway to complete them as soon as possible," he revealed after a visit to the General Operations Force barracks in Cheras on Friday (Sept 20).

He added that the government had also allocated RM100mil to refurbish around 210 lifts in all police buildings.

"The letter of award should be given to the contractor by the end of the month," he said.

Inspector-General of Police Tan Sri Abdul Hamid Bador, who was also present during the working visit, welcomed the news.

"The CCTV would help tremendously in preventing slander against the police force," the IGP said.

"A lot of the deaths in lockup occur because of health issue. For example when drug addicts, some with HIV even, die in lockup but my men have been accused of beating them.

"So with these CCTVs I feel more at ease," he added.

Regarding the lift refurbishments, Abdul Hamid said works were not scheduled to start this year but they were pushed forward after intervention from the ministry, as well as from the Prime Minister.

"The moment the contractor is awarded (the contract), work will begin. No need to wait for next year. 

We can't wait because my men have been suffering!" the IGP said.

On a related matter, the IGP said he strongly approved of the use of body cameras by the police.

"I welcome it wholeheartedly. We have been asking for equipment upgrades to help the police perform more efficiently.

"The use of bodycam can help prevent slander and accusations against my men, and also, when combined with the new CCTVs, will prevent dereliction of duty.

"If we get the allocation, I wish for my men to be equipped immediately," he said.

Regarding a recent video allegedly linking Penang Deputy Chief Minister II Dr P. Ramasamy to terrorist group Liberation Tigers of Tamil Eelam (LTTE), the IGP said the footage that had been shared online recently came from an old video.

"This is an old issue and it has been raised with the ministry. A decision will be made soon because the act, if proven true, of glorifying a terrorist group, should not occur in this country.

"I will take the appropriate action and there are more cases besides this viral video.

"As I have said before, there will be no more warnings and my side will take immediate action on all who touch on racial and religious tension, as well as all who smear the royal institution.

"Be assured that the police will act fairly in this matter," he said. - Star, 20/9/2019

Thursday, September 19, 2019

SUHAKAM should have PUBLIC INQUIRY on police shooting where 3 died and 1 women allegedly missing?


A complaint has been lodged at SUHAKAM(Malaysian Human Rights Commission) concerning a recent police shooting incident where 3 persons were shot dead by police. This is an extrajudicial killing > Do the police have a valid acceptable Defence?   

SUHAKAM should conduct a public inquiry - not merely investigate. This is important because it is difficult for the police to investigate when police are involved. Police have also in the past 'covered-up' or even 'tampered with evidence'...as has been revealed in inquiries conducted by SUHAKAM or the EAIC in the past.

Further, SUHAKAM, I believe, has yet to conduct a public inquiry in such a 'police shot and killed' cases. 279 persons were shot dead by Malaysian police between 2000 - 2009. How many more have died by result of being shot dead from 2010 until 2019? 

...police data produced during a recent trial that showed 279 alleged criminals were shot dead over a period of nine years from 2000. Nine people were killed by police in 2000 and the number surged to 88 in 2009....Of the 279 killed by police, 113 were Indonesian citizens, while 61 were ethnic Malaysian Indians and 42 were Malay Muslims - leading to charges that certain ethnic groups are particularly targeted. - AsiaOne, 4/12/2010 (an APF Report)

SUHAKAM, after such a Public Inquiry, would also have the opportunity to make needed recommendations to the government. This will also help us all Malaysians to lobby for changes including the said recommendations...

Now, the complaint brought to SUHAKAM is not only concerning an allegation that innocent persons were shot dead - but also about one other person missing after the said incident. Is it another case of 'enforced disappearance' - or was that woman also shot dead, and the fact was concealed as it would not look good if a WOMAN was shot dead by the police.

In our earlier statement, we asked that INQUESTS be held for all deaths caused by police shooting. See earlier statement - Inquest for all Police Shot Dead Victims - Extrajudicial Killing Must Be Criminalized in Malaysia

As can be seen, these police shot and people kill incidents have been going on for a very long time... We have not heard of INQUEST that clear the police of criminal liability in such cases - Has there even been any INQUESTS on such deaths. Well, maybe before, not many may have brought this complaint to SUHAKAM - Now, finally again, SUHAKAM has been approached with the Complaint..

We have a NEW SUHAKAM Chairman and some new Commissioners - the decision to hold a Public Inquiry require the vote of the majority...so, this will be an indicator as to how the new Chairman and Commissioners are ...Are they going to ACT and hold a Public Inquiry ...or will they not. Malaysians and the world are watching...

Why is the PUBLIC INQUIRY of other cases of 'disappearances', outstanding from the past Commission's term still not being proceeded with..

Are the new Chairman and Commissioners now become pro-government and no more pro-Human Rights? 

See other earlier posts:-  

298 persons shot to death by police since 2007 - Demand public inquiry for every case

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 Killings Need Speedy Independent Investigations - 6 Reported Shot To Death By Police After Pakatan Harapan Became Government.

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)

 

 

Suhakam to probe shooting deaths of trio, ‘disappearance’ of woman


Suhakam commissioner Gerald Joseph (fourth from right) receives a report on the shooting incident from lawyer Sivahnanthan Ragava.

KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam) today said it will investigate the deaths of three men and the alleged disappearance of a woman involved in a shootout with police in Batu Arang, Selangor, on Saturday.

Suhakam agreed that there were questions that needed to be answered after it received information from the families of the deceased.

“Our concern is whether there was abuse of power by the police. Suhakam will investigate the shooting and also the missing person,” said commissioner Gerald Joseph.

It was reported that the police had ordered a car carrying the three men – Sri Lankan national Janarthanan Vijayaratnam, his brother-in-law Thavaselvan and Maghendran Santhirasegaran – to pull over at Bandar Country Homes, but they ignored the order, sparking a 7km chase.
The police said the men were robbers and had opened fire on the officers during the chase, forcing them to return fire, killing all three.

Family members said Janarthanan’s wife, Moganambal Govindasamy, was also present during the incident. However, Selangor police chief Noor Azam Jamaluddin denied this, saying there were only three men and no woman in the car.

Joseph said the families claimed the men were not criminals “but only the police will know”.

“We hope the police can speed up their investigations and the families can be informed of the results,” he said after receiving a report from the family members through their lawyer, Sivahnanthan Ragava.

Joseph said if Moganambal was in the car and still alive, “then the police should find her as soon as possible”.

He said Suhakam would meet with Selangor police and also obtain feedback from the investigating officer at Bukit Country Homes.

“We will also interview the forensic doctors who performed the post-mortems. The families should be allowed access to the full report,” he said.

Sivahnanthan said the families wanted to hear the truth as “many doubts have arisen on the issue”.

He asked how police could say the three men were responsible for a string of robberies here, beginning in May.

He said Janarthanan and Moganambal were permanent residents in the United Kingdom and had arrived in Malaysia for a holiday with their family last month.

“Their family is quite wealthy in the UK,” he said.

Sivahnanthan also said Moganambal had told her sister her whereabouts at 1.38am before she went missing.

He said the initial report the family received from the hospital contradicted the information the police had provided them.

“We want the inspector-general of police and the Selangor police chief to give us a better explanation,” he said. - FMT News, 17/9/2019


Family of foreign man killed in Rawang shootout demand answers
Nation
Tuesday, 17 Sep 2019 8:41 PM MYT

By AUSTIN CAMOENS



Suhakam Commissioner Jerald Joseph said they would try to ascertain if police had followed standard operating procedure when discharging their firearms.

KUALA LUMPUR: The family of a man killed in a shootout with police are demanding answers about the circumstances of his death and seeking information on the whereabouts of his missing wife.

Lawyer R. Sivahnanthan, who is representing the family of Sri Lankan national Janarthanan Vijayaratnam and his wife Moganambal Govindasamy, questioned how the man – who is a United Kingdom (UK) permanent resident – could have been involved in a string of house break-ins as they had been in the country for only two weeks.

"They came into Malaysia on Aug 27. How can he be involved in a string of house break-ins when he was here on such a short trip?

"If you look at Selangor police chief Comm Datuk Noor Azam Jamaluddin's statements, he said the police believe the trio were responsible for a string of house break-ins and that they were in the midst of searching for houses to be targeted," he told reporters at the Human Rights Commission (Suhakam) headquarters here on Tuesday (Sept 17).


He claimed the families of both Janarthanan and Moganambal in the UK were quite wealthy and they did not need to resort to robberies.

"The family also claimed they spoke to a Sjn Maniam on Saturday, who informed them that police had actually shot a fourth person in the leg.

"She fled into the jungle and was later caught with (the aid of) a police dog. What happened to that person?" he asked, adding that police could remand her for further investigations, but no such remand was made.

He said the procedure was for an application for a remand order to be made within 24 hours and the individual must be produced in court, and if this cannot be done in that time there must be good reason for it.

"Did she need to be sent to hospital? If so, why was the family not notified?" he asked, adding that the family does not have any information on her whereabouts.

Sivahnanthan also questioned how Janarthanan came to be in the red Volkswagen on that night.

"The family says that they went out in a white Perodua Alza. No one has any idea how this red car appeared and why police are saying they were inside the car," he said.

He also claimed that Moganambal's sister, Vasanthi, received a GPS location shared via WhatsApp at around 1.38am on Sept 14.

He said the family is demanding answers and that the Inspector-General of Police, Selangor Police Chief and Government have to provide an explanation for what really happened.

Meanwhile, Suhakam Commissioner Jerald Joseph said they would try to ascertain if police had followed standard operating procedure when discharging their firearms.

"We will also investigate an allegation by a family member that a police sergeant had told the family that Moganambal was in their custody," he said. - Star, 17/9/2019






Three armed robbers shot dead after high-speed chase
Nation


Saturday, 14 Sep 2019 12:38 PM MYT

By FARIK ZOLKEPLI





GOMBAK: Three armed robbers were shot dead following a 7km high-speed chase with police.

Selangor police chief Comm Datuk Noor Azam Jamaludin said a team of police personnel was patrolling at Bandar Country Homes area when they stumbled upon the robbers, who were in a red Volkswagen Polo at about 5am on Saturday (Sept 14).

"Police personnel instructed them to pull over but they did not heed orders.

"They sped away and police gave chase for about 7km before managing to corner the robbers.


"Two of the robbers fired shots at police, forcing police to fire six shots at them. The robbers were killed," he told a press conference at the Gombak police headquarters on Saturday.

Comm Noor Azam said police recovered two pistols, a machete and three ski masks at the scene.

"A check on the vehicle used by the suspects revealed that it was reported stolen in a house break-in at Rawang on Aug 5.

"The car belonged to the victim who had alleged that police were late in responding to a 999 call," he said.

Comm Noor Azam said police believed the trio was responsible for a string of house break-ins.

"We are investigating further. We believe they were in the midst of searching for houses to be targeted when we stumbled upon them," he said.

In Selangor, a total of 60 cases of house break-ins have been reported between May and September.

"A total of 80% of the cases happened between 3am and 6am.

"We are focusing on combating these gangs of robbers," he said. - Star, 14/9/2019

Police deny involvement of fourth individual in Batu Arang shooting incident 

17 Sep 2019 / 20:12 H

KUALA LUMPUR: Police have denied allegations that a woman was in a Volkswagen Polo car in which three men were shot dead in a shooting incident at Batu Arang, near Rawang, on Saturday. Selangor police chief Datuk Noor Azam Jamaludin said investigations at the scene revealed only three suspects were believed to be involved in the robbery cases around Rawang, Batu Arang and Kundang.

He confirms there was no woman with the three men who were shot dead, and that police only retaliated after the suspects opened fire against the police first. His statement was in response to allegations by one of the family members of the suspects killed in the incident, claiming authorities did not wish to disclose information on the suspect’s wife who was with him at the time of the incident, and has remained missing until now. Noor Azam said if the family members lodged a report of the missing woman, the police would conduct an investigation.

Earlier, family members of the three men lodged a report with the Human Rights Commission (Suhakam) requesting a full investigation into the incident. Suhakam Commissioner Jerald Joseph said they would investigate if there was abuse of power involved on the part of the police, or if there was any violation of standard operating procedures during the incident. Suhakam will meet with the Selangor Police Chief and investigating officers for details on the case. — Bernama - Sun Daily, 17/9/2019

Wednesday, September 18, 2019

Inquest for all Police Shot Dead Victims - Extrajudicial Killing Must Be Criminalized in Malaysia

Everytime the police shoots someone dead, it is an extrajudicial killing and the police need to prove that it was in accordance with law...and it was an attempt to arrest that went wrong. INQUEST(Inquiries into the death) by Magistrate should be held for all who die at the hands of the police...



Media Statement – 17/9/2019


Inquest for all Police Shot Dead Victims To Ensure Also

No Breach of Law by Police 


Extrajudicial Killing Must Be Criminalized in Malaysia


MADPET (Malaysians Against Death Penalty and Torture) calls for inquests for all deaths caused by police shootings to determine that it was in compliance with law, and that there was no person who is ‘criminally concerned in the cause of the death.’ The law is clear about the powers of the police, and there is a need to establish that the police did not break the laws – and certainly did not murder anyone.


Of late, we have come across two media reports of police shooting in resulted in deaths of all the alleged suspects.


In a Star 15/9/2019 report, it stated that the police after a 7km chase fired 6 shots and killed 3 suspects, and the police later found 2 pistols and a machete were discovered. In this case, the police was reported saying, “We are now trying to identify the suspects but we believe they might have been responsible for a high number of house break-ins,…”


On 27/8/2019, Malay Mail reported that police shot dead 3 persons after they allegedly shot twice at the police, whereby in this case, there was only one gun found. The police was reported saying that the suspects were yet to be identified, but that they are believed to be remnants of a gang ‘…responsible for 15 factories break-ins and robbery cases involving about RM620,000…’. 


Shooting someone shooting at you with a gun may be justified, but shooting dead persons without a gun raises questions. Police duty is to arrest and not shoot a person dead.


Media may report some but not all incidents, and as such one wonders about the number of people shot dead by the Malaysian police, as these are also extrajudicial killings. Were there any inquests conducted for all these deaths by reason of police shooting?


When the police shoot dead alleged suspects, media reports the police version of what happened, and it is often noted that the police are quick to make suggestions that link the dead to other past crimes. This, itself, raises concerns about the killings. There is a need for an independent inquiry into these shootings and death.


If they were ‘suspects’, why were they not previously arrested and investigated? Were there even arrest warrants out for their arrests? 


Unfortunately, we also do not have follow-up media reports that tell people that the police have positively identified the dead, and has secured evidence linking them to the alleged past crimes, if at all.


Other questions that arises, is whether the police even followed the arrest procedures – did they even try to arrest? Or did they merely shoot to kill?


The police may be telling us the truth but this really is not enough. We need independent inquiries into these death by the Magistrate/Judge and this procedure is provided by our law.


In our Criminal Procedure Code, section 337 states that “A Magistrate holding an inquiry shall inquire when, where, how and after what manner the deceased came by his death and also whether any person is criminally concerned in the cause of the death.’


As such, the Magistrate can inquire and make a finding whether the death was caused by the police acting in accordance to law. Was there no possibility of arrest?


Remember that our law gives the police the power to arrest and not to kill. Force could be used in certain cases but the object must always be ‘…to effect the arrest…’


Section 15(2) of the Criminal Procedure Code about arrest states, ‘(2) If such person forcibly resist the endeavor to arrest him or attempt to evade the arrest such officer or other person may use all means necessary to effect the arrest.’. This section also states in subsection (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 life.


Clearly many, if not all, of these persons who have been shot dead by the police are at most merely ‘suspects’, and are not yet ‘accused’ for they only become the ‘accused’ after they have been charged in court.


Hence, those shot to dead can only be unavoidable ‘accidents’, at best, when the police tried to effect the arrest of the said persons/suspects. It would also be good for the police if the findings of the inquest comes to a similar conclusion.


Inquests, after all, must be conducted in all cases, except in the limited exceptions provided for in law.


Section 333 of the Criminal Procedure Code states, ’(1) If the Magistrate shall be satisfied as to the cause of death without holding an inquiry under this Chapter, he shall report to the Public Prosecutor the cause of death as ascertained to his satisfaction with his reasons for being so satisfied and shall at the same time transmit to the Public Prosecutor all reports and documents in his possession connected with the matter. (2) In all other cases the Magistrate shall proceed as soon as may be to hold an inquiry under this Chapter.’


It must be pointed out that the word "cause of death" in the law is defined to ‘… include not only the apparent cause of death as ascertainable by inspection or post-mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed as to the manner in which the deceased came by his death and as to whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person…’


The only other situation where a Magistrate need not hold an inquiry is when ‘… if any criminal proceedings have been instituted against any person in respect of any act connected with the death of the deceased or such hurt as caused the death….’ 


Therefore, save for cases of clear death by natural causes like old age and sickness, there is a need for the Magistrate to conducts inquiry into the deaths, and that certainly should include deaths caused by police shootings and death in police custody. 


The Criminal Procedure Code provides specific provisions covering Inquiry into cause of death of a person in custody of police or in any asylum (Section 334). 


However, the then ‘…Chief Judge of Malaya Tan Sri Siti Norma Yaakob said yesterday the law governing deaths of persons in police custody was clearly set out in Section 334 of the Criminal Procedure Code. “From my reading of it, it is mandatory to hold inquests to ascertain the cause of death. “And if that is the law, how is it possible that in 22 death cases, officers of the court have seen it fit to make decisions that no inquests were necessary?” Siti Norma asked…’(Star, 2/4/2006)


It is important that the Malaysian government now reassures us that inquests are today being carried out in all death in custody cases.


It is also important that the government informs that inquests are being conducted in all cases where death occurred by alleged reason of being shot dead by police and/or some other enforcement officers.


In 2014, the then government announced the creation of the permanent Coroners Court, which was to begin operations from 15/4/2014. The then Minister in the Prime Minister's Department, Nancy Shukri also announced that ‘…the appointment of a senior judge acting as a coroner, Nancy hoped this would improve the public's perception over the handling of such cases…’(New Straits Times, 3/4/2014).


It is time to review these Coroner’s court, with a realistic objective of increasing the number of such Coroner’s courts. There is also a need to consider again whether we need to enact a Coroner’s Act like what they have in many jurisdictions like the Coroners and Justice Act 2009 in UK. The UK Act also says that inquest into a death must be held with a jury especially in cases where the death was caused by police, or in cases of death in custody.


Therefore, MADPET


Calls for inquests into all cases of death by reason of police shootings;


Calls for the findings of all inquest including deaths by police by shootings be made public;


Calls for the investigation of cases of police shooting to be conducted by an independent unit, not the police, who will then also assist the Magistrate in the inquest;


Call for the criminalization of extrajudicial killings in Malaysia;


Call on the government to disclose statistics and information about deaths by reason of police shootings, and the steps taken to confirm that these were not extrajudicial killings;


Calls for the Malaysian police to stop ‘defaming’ the dead, by making known their unverified beliefs that the dead, many a time yet to be identified, may have been responsible for past crimes;


Call on Malaysia to consider enacting a Coroners and Justice Act, with possibility of the involvement of a civilian jury, especially in cases where the police are involved in the death, be it by way of police shooting, or death in police custody.


Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)

Three armed robbers shot dead in Gombak by cops
Nation

Sunday, 15 Sep 2019
By FARIK ZOLKEPLI


Comm Noor Azam (middle) showing the pistols seized while Gombak deputy OCPD Supt Arsad Kamaruddin (right) and Gombak CID chief DSP Zainuddin Zakaria looked on during the press conference.

GOMBAK: A gang of three robbers was killed after a 7km high-speed chase and shoot-out with police.

A team of police personnel was patrolling near Bandar Country Homes when they stumbled upon the three men, who were in a red Volkswagen Polo, at about 5am yesterday.

When they were instructed to pull over for inspection, the robbers instead sped off. They even tried to graze their car against the police patrol car in an effort to flee.

However, after 7km, police personnel managed to corner them near Batu Arang town.
Selangor police chief Comm Datuk Noor Azam Jamaludin said with nowhere to run, the robbers fired three shots, forcing the police to return fire.

“The police personnel fired six shots at the three men. The suspects were killed,” he told a press conference at the Gombak police district headquarters yesterday.

Two pistols, a machete, three ski masks and gloves were among the items seized from the suspects, he added.

“A check on the vehicle used by the suspects revealed that it was reported stolen in a house break-in in Rawang on Aug 5.

“The car belonged to the victim, who had alleged that police were late in responding to the 999 call reporting the house break-in,” he said.

In a recent Facebook post, the victim, Thivyah Veelurajan, said police did not arrive at her home in time after three masked men had broken in at 2.30am on Aug 5.

She said she had called the 999 emergency hotline for help and was told she should have called the Police “Bilik Gerakan” (Operations Room) instead.

The case is being looked into by the Selangor Integrity and Standard Compliance Department (JIPS).

Comm Noor Azam said police believed the three suspects were responsible for a string of house break-ins.

“We believe they were in the midst of searching for targets when we stumbled upon them.

“We are now trying to identify the suspects but we believe they might have been responsible for a high number of house break-ins,” he said.

In Selangor, 60 cases of house break-ins have been reported between May and September, Comm Noor Azam added.

“Some 80% of the cases were carried out between 3am and 6am.

“Their modus operandi would be to break into houses in a team of three or more, wearing ski masks and armed with weapons.

“They were highly dangerous,” he said. - Star, 14/9/2019


Three foreigners killed in shootout after high-speed chase in Penang





(From left) deputy CPO Datuk Roslee Chik, Penang CPO Datuk T. Narenasagaran and chief of Commercial Crime and Investigation Datuk Zainol Samah during a press conference in George Town August 27, 2019. — Picture by Sayuti Zainudin
(From left) deputy CPO Datuk Roslee Chik, Penang CPO Datuk T. Narenasagaran and chief of Commercial Crime and Investigation Datuk Zainol Samah during a press conference in George Town August 27, 2019. — Picture by Sayuti Zainudin
GEORGE TOWN, Aug 27 — Three foreigners believed to be part of a gang specialising in factory burglaries died in an early morning shootout after leading police on a high-speed car chase here.

In the 2am incident at the Permatang Tinggi Industrial area in Bukit Mertajam, the three men sped off in a red Toyota Camry when approached by a police team while parked by the roadside.

Penang police chief Datuk T. Narenasagaran said this triggered a high-speed chase after which the driver of the Toyota lost control and veered into a ditch.

“They immediately got out of the car and fired two shots at the police,” he said, adding that one of the three came out with a machete. 

He said the police team returned fire and killed all three on the spot.

Narenasagaran said the suspects, believed to be aged between 20 and 30, had fired off a .38 Colt revolver.
“We are still trying to identify the suspects, their nationality and whether there are other members in their gang,” he said in a press conference at the Penang police headquarters today. 


A revolver and other items seized during a shootout incident this morning are seen at the Penang police headquarters in George Town August 27, 2019. — Picture by Sayuti Zainudin
A revolver and other items seized during a shootout incident this morning are seen at the Penang police headquarters in George Town August 27, 2019. — Picture by Sayuti Zainudin
The police believe there are remnants of the gang that is thought to have operated since last year and was known for targeting isolated factories.

He said there has been a slew of break-ins in the area, with the most recent being about 50m from the site of the incident.

“We have been monitoring and patrolling the area last night as there was a tip-off that the suspects would be acting soon,” he said.

He said the gang would usually enter from the rear of the factory before overwhelming the guard on duty.

“They will then enter the office and force open the safe there and empty it,” he said.

The gang is believed to be responsible for 15 factories break-ins and robbery cases involving about RM620,000.

The gang members are also believed to be experts in cracking open safes.

After the shootout this morning, the police seized the car, a revolver, four bullets, two spent casings, two steel cutters, angle grinders, one machete and other tools commonly used to break into factories and safes. - Malay Mail, 27/8/2019