Media Statement – 5/1/2024
Extrajudicial killing by Malaysian police could be murder, and Body-Cams and CCTV could DETER such killings.
Delay in ensuring all police is wearing body-cams, more than a year after budget approved is incompetence of Minister and government
Another extrajudicial killing by the Malaysian police, this time at the end on 2023, where a 44-year-old man was shot dead in Penang (Malaysian Insight, 31/12/2023), and a few days before that we read that 3 Rohingyas were shot dead by police in Selayang, Selangor (Malay Mail, 23/12/2023).
A total of 279 suspects have been shot dead by the police between 2000 and 2009 was revealed by the Minister in Parliament in 2010(Malaysiakini, 28/6/2010). Minister Hishammuddin also revealed that the police shot dead 82 suspects in 2008, and 88 in 2009. How many extrajudicial killings since then?
One must recall the coroner’s court decision that was handed down on 31/5/2022 which ‘concluded that there was abuse of power and elements of a criminal nature in the death of three men who were shot at close range by police three years ago… “The shots were not fired in self-defence. There was abuse of power and (actions in the nature of) criminal elements by police in the death of the men,”… She[Coroner Rasyihah Ghazali] said scientific evidence with regards to the position of the bodies and the weapons allegedly found on the two men did not tally with the oral testimonies of the policemen. “The weapons described by the ballistic expert (Izzuwan Marzuki) and the investigating officer (P Visvanathan) were also in conflict,” she said. She said police witnesses gave evidence that shots were fired at the men from an upright position but post-mortem reports stated that the bullets pierced their bodies at a downward angle…’(FMT,31/5/2022)
MADPET (Malaysians Against Death Penalty and Torture) urges for immediate and speedy inquests, by competent Coroners like Rasyihah Ghazali, for these 2 recent media reported cases of extrajudicial killing and all such killings by police. The coroner’s court must give us a speedy decision, preferably within a couple months, and certainly not 3 years after the said extrajudicial killing.
MADPET calls for immediate suspension of all police officer/s who shot and killed until the Coroner determines there was no abuse of power and/or criminal liability on the part of the police officers that shot and killed. These officers should at least be given desk jobs, with no access to any firearms until they are cleared of guilt.
MADPET urges the police, the State and/or ‘pro-government’ media not to participate in efforts to justify the extrajudicial killing, by painting the now deceased victims as bad people or even ‘criminals’. The crime to be investigated is the extrajudicial killing, and nothing else. Even if the persons killed are previously convicted criminals or drug addicts, it does not matter – all that matters is whether the police are innocent or not.
It was interesting how Penang police chief Khaw Kok Chin, on the same day hours after the killing, was able to say this to the media - “Further investigation revealed that the suspect had 16 prior criminal records involving robberies, drugs, including cases investigated under Corrosive and Explosive Substances and Offensive Weapons, besides frequently moving in and out of Simpang Renggam. Khaw said the suspect was active in Penang, Kuala Lumpur and Malacca…’ (Malaysian Insight, 31/12/2023)
Was this really a chance encounter with the team from the Serious Crimes Division (D9 unit)? Did the police go in with the intention to kill? If not, why is the police trying to tell us now that the one killed is a BAD man?
It does not matter whether the killed are very bad people (according to the police) or not. Everyone is innocent until proven guilty in a court of law after a fair trial. It is not the police that decides whether one has committed crimes or not, but the Judges and courts? How many times really was these deceased victims previously convicted after trial and sentenced to prison? The fact that the person was running around scot free despite being suspected of about 16 offences in 3 States simply raises questions about competence of law enforcement.
Highlighting allegations that the now deceased are involved in that crime and this crime is totally irrelevant, as the police in law only has the duty and power to just arrest, not kill. They are not judge or executioner. One wonders as to how many were shot and arrested without being killed recently in Malaysia?
Police can only arrest and NOT Kill
Section 15 of the Criminal Procedure Code 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. (3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for a term of not less than thirty years but not exceeding forty years or with imprisonment for life….’ All these victims of these extrajudicial killings are NOT persons accused of any such offences let alone any criminal offence – as they have yet to be charged in court, and so, at most they are suspects. One becomes an accused, only after they have been charged in court.
Incompetence of PM Anwar and his Minister’s in delay of police body-cams and CCTV
Body cams and CCTV certainly will help ensure that the police follow the laws. It must be a national priority given the fact of numerous extrajudicial killings by police, deaths in police custody and allegations of police misbehavior in Malaysia.
Body cams and CCTV can also be useful in PROVING that the police did not ‘murder’ people, but followed the laws dutifully. Did these police officers involved in these extrajudicial killings have body-cams? Were the vehicles the police used even equipped with CCTV recording devices?
If the ‘killer’ police were not wearing body-cams, is it indicative of the failure or incompetence of Prime Minister Anwar Ibrahim, and his chosen Home Minister Saifuddin Nasution Ismail given the fact that budget allocations for the body-cams was already approved more than a year ago, and there is no justification as to why the delay in ensuring all police personnel have body-cams, noting also fact that other law enforcements already started using body cams?
At end of July 2023, the Malaysian Anti-Corruption Commission chief commissioner Azam Baki said that anti-graft officers going out for operations and enforcement activities will now use body cameras to ensure transparency and to protect them from any allegations… "This is why we have decided on the use of body cameras which can record both audio and visuals of all incidents that happen during an investigation process. “I believe by using the body cameras, it will protect MACC officers, those assisting investigations and even suspects," he [Azam Baki] said. (Star, 31/7/2023).
On 23/8/2023, it was reported that even Kuala Lumpur City Hall (DBKL) officers also have started using body cams.
Hence, the unjustified delay in all police officers being equipped with body-cams falls on Minister Saifuddin, who now says that the full roll-out for the police will be completed not this year, but in 2025. Why? The Minister must explain, and if not, then the Prime Minister must find a more competent Minister as the issue of body-cams and CCTV for police and law enforcement have long been top priority.
MADPET notes that the delay with regard to ensuring body cams for all policemen also have financial implications to the government, as the Courts have been finding police and the government liable for deaths in police custody and also extrajudicial killings. Body Cams and CCTV recordings will be a deterrence to police law breaking.
The Court of Appeal in March 2023 reduced damages awarded to the families of three youths shot dead by police 13 years ago, being Shamil Hafiz Shapiei, Hairul Nizam Tuah, and Hanafi Omar to RM210,000 in damages instead of RM500,000 awarded by the High Court two years ago.
In March 2021, Federal Court here ruled that the Malaysian government was required to pay aggravated damages to the next of kin of a person who dies while in police custody. Chandran’s widow Selvi Narayan and daughter Rita will get total compensation amounting to RM357,000 due to Chandran’s death while in police custody at the Dang Wangi police station in 2012. The High Court in December 2019 awarded the family of Syed Mohd Azlan Syed Mohamed Nur who died in police custody with 61 wounds on his body five years ago RM448,000 in compensation and damages. There have several other cases, where the family of deceased did file a case, that have been successful. If there are body cams and CCTV coverage, it will DETER police from breaking laws.
MADPET calls for all police officers to be wearing body cams within three (3) months, and that CCTV with recording capacity be placed in all areas of the police station, to ensure that is a continuous monitoring of suspects arrested to ensure police do not break laws, and suspect’s rights are protected.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Wanted gunman killed in shootout with cops
The man is said to be behind two robbery cases – at a lottery shop and a grocery store in Butterworth.
The 44-year-old was spotted behaving suspiciously in a Proton X70 SUV when he was approached by a team from the Serious Crimes Division (D9 unit) that was on crime prevention patrol.
Penang police chief Khaw Kok Chin said the D9 team identified themselves before instructing the suspect to stop his vehicle for further inspection. However, the man refused to cooperate and attempted to flee.
“The suspect then exited his vehicle and aimed a pistol at the D9 team. In self-defence, the police fired several shots at the suspect, killing him instantly,” he told reporters.
“Further investigation revealed that the suspect had 16 prior criminal records involving robberies, drugs, including cases investigated under Corrosive and Explosive Substances and Offensive Weapons, besides frequently moving in and out of Simpang Renggam.
Khaw said the suspect was active in Penang, Kuala Lumpur and Malacca. – December 31, 2023, Malaysian Insight.
Three Rohingyas shot dead in Selayang Jaya involved in more than 50 robbery, housebreaking cases
KUALA LUMPUR, Dec 23 — The three individuals, suspected to be members of the Rantau Fiesta gang, shot dead by the police early today in Selayang Jaya, are believed to be involved in more than 50 robberies and burglaries in six states, said Selangor Police Chief Datuk Hussein Omar Khan.
Hussein said preliminary investigations found that the three Rohingya criminals, all in their 30s, had been involved in crime since 2011, and one of them, believed to be the leader, had been imprisoned and returned to his old habits after his release in 2017.
"In the incident which occurred after midnight, the police spotted a Ford Fiesta car, which was in a suspicious manner in Selayang Jaya and stopped the vehicle.
“However, when the policemen wanted to carry out an inspection, two of the suspects fired three shots at the police, forcing the police to fire back. The police fired seven shots which hit the three suspects, all of whom died at the scene," he told a special press conference at the Gombak District Police Headquarters here today.
He said police then searched the car and found two Revolver-type pistols and a machete.
According to Hussein, apart from Selangor, the suspects were also believed to be involved in robberies and housebreaking in Melaka, Negeri Sembilan, Kuala Lumpur, Pahang and Penang.
In Selangor alone, he said, the group was believed to be responsible for 27 cases of robberies and burglaries, involving a loss of RM1.3 million.
The most recent incident involved a housebreaking case in Batang Kali on Dec 8 with losses amounting to RM445,000, including three Rolex watches and two Hublot watches, he added.
Hussein said the gang's modus operandi was to steal small and easily disposable luxury goods such as jewellery and luxury watches.
The police are tracking down the
remaining members of the gang as well as the buyers of the goods stolen
by the suspects, he said, adding that the investigation was being
carried out under Section 307 of the Penal Code," he said. — Bernama, Malay Mail 23/12/2023
Govt approves RM30mil for cops’ body cameras
Home minister Saifuddin Nasution Ismail says the procurement process is in progress.
KUALA LUMPUR: The government has approved an allocation of RM30 million for the procurement of body cameras for use by policemen on duty.
Home minister Saifuddin Nasution Ismail said that the procurement process was in progress.
“I
hope the procurement can be expedited as it (body camera) is now a
necessity. I have instructed the ministry secretary-general to follow up
on the matter,” he told a press conference after a working visit to
Bukit Aman, here. --- FMT, 13/12/2022
Cops to be equipped with bodycams this year, says Home Ministry
KUALA LUMPUR, April 11 — Home Minister Datuk Seri Saifuddin Nasution Ismail reportedly said that police officers are expected to start using body cameras this year.
Saifuddin said his ministry has the required to budget implement the policy in an attempt to improve the integrity of the force.
“The budget is available. God willing, if there are no obstacles, this year the police force, patrol unit, traffic division or special force team will be equipped with cameras.
“This is our effort to be ready to adopt the technology. By that, I mean to improve integrity and try to overcome some weaknesses. It is a continuous effort,” he was quoted as saying in a town hall event held by Malay daily Sinar Harian yesterday
In December last year, Saifuddin announced that the government has allocated a budget of RM30 million for the purchase of body cameras for the police.
He said the body cameras have been deemed a “necessity” but added that its acquisition will follow the due procurement process.
Prior to that, in 2021, the previous government had approved an allocation of RM30 million under the 12th Malaysia Plan to purchase body cameras for the police.
According to the ministry, the body cameras will be used by police personnel on duty in the field, especially for the Police Patrol Car Unit (MPV) and Police Motorcycle Patrol Unit (URB) and police street patrols in 157 district police headquarters across the country.
Saifuddin said a total of 7,648 body camera units will be obtained with an estimated price between RM2,000 to RM2,500 per unit.
He also explained that the purpose of installing body cameras is also to increase the public’s trust in law enforcement in addition to gathering evidence in the event of a specific case.
“We are not looking for an excuse that the police force does not need to be supervised. The police welcomed this decision. This is a continuous effort to improve enforcement agencies,” he said.
The increasing call for the use of
body cameras came following cases of members of the public forced to
delete recordings of misdemeanours by police officers, with the
authorities claiming such moves are allegedly forbidden. - Malay Mail, 11/4/2023
Home Ministry expects full rollout of police body cams only in Q1 2025
KUALA LUMPUR, Oct 27 — Malaysians can expect to see local police officers donning body worn cameras (BWC) on a daily basis in two more years.
Home Minister Datuk Seri Saifuddin Nasution Ismail said the full rollout of the BWC is expected to be completed in the first quarter of 2025.
“At this time, the ministry is undertaking the procurement,” he said in a written parliamentary reply yesterday to Kepong MP Lim Lip Eng who had asked for an update on the BWC.
Saifuddin Nasution said the Home Ministry’s Procurement Board is expected to sit next month and an acceptance letter is expected to be issued in December.
“The full use of the BWC by PDRM is expected in the first quarter of 2025 taking into account the whole supply process such as testing, site visits, training and accreditation from January 2024 to December 2024,” he added, using the Malay abbreviation for the Royal Malaysia Police.
Equipping Malaysian frontline law enforcers with BWC had been talked about for years as a way to address allegations of brutality and corruption.
Lim had asked the Home Ministry about the BWC several times this year after police detained four people in January while raiding an allegedly unlicensed entertainment outlet in George Town, Penang.
In his written reply, Saifuddin Nasution said the government had approved an allocation of RM30 million to procure the BWC under the first rolling plan of the 12th Malaysia Plan in 2021 for police use.
He added
that the BWC was approved for procurement through open tender and the
project was to be completed within 24 months. - Malay Mail, 27/10/2023
Anti-graft enforcers get body cams, in use from today, says Azam Baki
By MAZWIN NIK ANIS Nation
Monday, 31 Jul 2023 11:59 AM MYT
MACC chief commissioner Tan Sri Azam Baki showing the body-worn camera vest to be used by anti-graft enforcers.
PUTRAJAYA:
Anti-graft officers going out for operations and enforcement activities
will now use body cameras to ensure transparency and to protect them
from any allegations, says Tan Sri Azam Baki.
The Malaysian
Anti-Corruption Commission chief commissioner said enforcement officers,
including those from the agency, were open to wild accusations during
their course of duty.
"To make things worse, in this era of
sophistication, those with ill intention have used social media to
spread accusations and their propaganda towards our officers.
"This
can result in MACC's image being tarnished and baseless threats of
legal actions," he said when launching the body-worn camera to be used
by the agency's enforcement officers.
Azam said as an agency
that upholds integrity and professionalism, the MACC is committed to
carry out improvements that could protect it from accusations and
allegations.
"This
is why we have decided on the use of body cameras which can record both
audio and visuals of all incidents that happen during an investigation
process.
"I believe by using the body cameras, it will protect
MACC officers, those assisting investigations and even suspects," he
said.
ALSO READ: Govt wants body cams used by Immigration Department, Prisons Department, AADK, soon
The
chief commissioner said in the event where there are allegations of
wrongdoing by officers in the field, the body camera could be used to
confirm the allegations.
A pilot project was carried out in December last year and this had received positive feedback, he added.
"It
is our hope that with the use of the body camera, the aspiration of the
people for the MACC to transform, boost efficiency, be transparent and
free will be proven," he said. n- Star, 31/7/2023
DBKL says 100 enforcement officers equipped with body cameras, but usage limited due to data storage issue
KUALA LUMPUR, Aug 23 — Kuala Lumpur City Hall (DBKL) has accepted the delivery of 100 body cameras worth RM270,000 to equip its enforcement officers in an effort to combat corruption and bribery.
In a written reply to Kepong MP Lim Lip Eng, DBKL said it had received 100 body cameras on March 2.
“Following the delivery of the body cameras, a body camera usage course was held on March 21 for 100 DBKL personnel for their field duties.
“For the time being, the body cameras are issued on a trial period to determine its effectiveness, as well as any problems that crop up due to its usage,” read the written reply as revealed by Lim to Malay Mail today.
However, DBKL said that the body cameras are currently on limited usage due to constraints related to its data storage.
Lim was present for a Kuala Lumpur mayor’s consultative meeting with parliamentarians at Menara DBKL here today.
Lim has been instrumental in calling for the revival of body cameras for law enforcement officers, especially police personnel, following a raid on a hardcore music gig at a record store in Georgetown, Penang earlier this year.
On January 9, DBKL’s executive director of socio-economic development Datuk Azmi Abdul Hamid was quoted saying that the body cameras will be provided for some 100 enforcement officers first.
He said DBKL will see its effectiveness in combating crime and graft and its role as the neutral third eye in disputes between the public and enforcement officers.
He said the cameras will also help to ensure the safety of enforcement officers when carrying out their duties.
The body cameras will be used to record interactions between enforcement officers on duty and the public, where the footage may be used as evidence in court.
The idea to equip DBKL enforcement officers with body cameras dates back to 2020 when then mayor Datuk Seri Nor Hisham Ahmad Dahlan spoke of building the integrity of the officers to reduce cases of abuse of power.
It was previously reported that calls for body cameras gained traction after several DBKL enforcement officers were suspected to have solicited bribes from traders who breached licensing regulations.
Several crime prevention advocates have lauded the move. - Malay Mail, 23/8/2023
Landmark judgement: Federal Court says govt to award aggravated damages for death in police custody
Visvanathan (second from right) with family members of Chandran, namely (from left) Selvi and Rita. (Photo by The Edge)
PUTRAJAYA (March 22): In a landmark judgement, the Federal Court here ruled today for the first time that the Malaysian government is required to award aggravated damages to the next of kin of a person who dies while in police custody.
However, the court also ruled that the next of kin is not entitled to exemplary damages following the death of their relative while in police custody.
Malaysia’s highest court decided on the matter today after hearing the case involving former lorry driver P Chandran, who died in police custody in Kuala Lumpur in 2012 after his medical needs were not attended to.
Today, the seven-member Federal Court bench led by Court of Appeal President Tan Sri Rohana Yusuf decided that the family of Chandran is entitled to get aggravated damages amounting to RM200,000 but not exemplary damages of the same quantum that was awarded earlier by the High Court and upheld by the Court of Appeal.
The seven-member Federal Court bench included Chief Judge of Sabah and Sarawak Datuk Abang Iskandar Abang Hashim and Federal Court Judges Datuk Abdul Rahman Sebli, Datuk Zabariah Mohd Yusof, Datuk Seri Hasnah Mohammed Hashim, Datuk Rhodzariah Bujang and Datuk Nallini Pathmanathan.
Judges who agreed with Rohana’s decision today included Abang Iskandar, Abdul Rahman, Zabariah, Hasnah and Rhodzariah.
Nallini, meanwhile, upheld the earlier decisions by the High Court and the Court of Appeal to award the exemplary damages to Chandran’s family.
The exemplary damages amounted to RM200,000.
Today, Rhodzariah wrote the Federal Court’s ruling, which was arrived at based on decisions by the majority of judges on the seven-member bench.
Following the Federal Court ruling today, Chandran’s widow Selvi Narayan and daughter Rita will get total compensation amounting to RM357,000 due to Chandran’s death while in police custody at the Dang Wangi police station in 2012.
The compensation comprises RM200,000 in aggravated damages, loss of dependency compensation amounting to RM144,000, besides RM10,000 for bereavement and RM3,500 in special damages, according to the Federal Court.
Previously, the High Court and the Court of Appeal did not award aggravated damages to Chandran's family.
In legal context, aggravated damages refer to special and highly-exceptional compensation awarded to a plaintiff when a defendant's conduct leads to humiliating and malicious circumstances for the plaintiff.
Meanwhile, exemplary damages or punitive damages aim to punish a defendant for wrongful conduct and deter the defendant from repeating the offence.
Representing Selvi and Rita were lawyers led by M Visvanathan, while senior federal counsel Andi Razalijaya A Dadi appeared for the police and government.
Chandran's family had named five police officers, the inspector-general of police (IGP) and the Malaysian government as defendants in the legal action following Chandran’s death.
Previously, the Sessions Court inquest led the court to rule that the police officers were responsible for Chandran’s death because they did not provide Chandran with timely medical assistance, according to news reports.
It was reported that a post-mortem revealed that Chandran died from hypertensive heart disease due to the absence of timely medical assistance.
It was reported that the police only discovered Chandran’s death 12 hours after he died in the lock-up at the Dang Wangi police station.
According to news reports, the High Court in January 2017 found the police guilty of Chandran’s death as the police did not attend to Chandran's medical needs in a timely manner.
In 2019, the Court of Appeal affirmed the High Court's decision that Selvi and Rita were entitled to receive compensation because Chandran’s death was due to the police’s negligence and abuse of public office, news reports indicated.
Court lowers damages for families of three men killed by police
- Nation
-
Friday, 24 Mar 2023
PUTRAJAYA: The Court of Appeal has amended the quantum of damages from RM1.5mil to RM630,000 which had been awarded to the families of three youths – one a teenager – who died in a police shooting 13 years ago.
A three-judge panel chaired by Justice Azizah Nawawi made the adjustment after allowing parts of the appeal by the prosecution in the case. “We find merits in the appeal and we allow the appeal in parts,” she said.
In the decision, the panel set aside RM100,000 in general damages for each family and substituted it with RM10,000 each for bereavement damages.
Two other types of damages, exemplary and estate claim under Section 8 of the Civil Law Act which stood at RM100,000 for each family, were also set aside.
After the deductions, the damages for the families stood at RM630,000 in total, with each family receiving RM210,000.
“The rest of the order of the High Court is affirmed,” she said here yesterday.
Other judges on the bench were Justices S. Nantha Balan and Mohamed Zaini Mazlan.
On Nov 13, 2010, Muhammad Shamil Hafiz Shapiei, 15; Mohd Hairul Nizam Tuah, 20; and Muhammad Hanifi Omar, 22; were shot dead by the police in the Glenmarie industrial zone in Shah Alam, Selangor.
Their families filed a joint civil lawsuit on Nov 12, 2013, at the Shah Alam High Court.
The lawsuit was filed by Muhammad Shamil’s parents Shapiei Zainal Abidin and Norhafizah Mad Razali, Mohd Hairul Nizam’s mother Hamidah Kadar and his sister Norhaliza Tuah, and Muhammad Hanifi’s parents Omar Abu Bakar and Noriah Darus.
They named the Shah Alam district police chief, the Selangor police chief, the Inspector-General of Police and the government of Malaysia as respondents.
Seven police officers were later identified as being involved in the shooting and subsequently named as respondents, making it a total of 11 respondents.
The lawsuit was first dismissed by the Shah Alam High Court on Aug 11, 2015, which found the police officers’ testimony that the firing at the three youths, allegedly armed with machetes, was to protect themselves, as credible and believable.
However, on Sept 1, 2016, the Court of Appeal overturned the ruling and found the police liable. The case was sent back to the High Court for damages assessment.
The compensation came to a total of RM207,000 for all three families.
Dissatisfied with the amount, the families appealed to the High Court for a reassessment and on June 30, 2021, the court awarded the RM1.5mil total compensation.
Senior Federal Counsel Noerazlim Saidil appeared for the appellants. Zaid Malek appeared for the families. - Star, 24/3/2023
Family of man who died in Johor police lock-up wins close to RM500,000 in compensation
RM1.4 mil in damages for family of man who died in police custody
Malaysian police shot dead 279...and another 147 died in police lock-ups [2000-2009]
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