Payment of Compensation to the family does not settle matters - Prosecution of those who killed or caused the death, and the full TRUTH is still be disclosed. TRANSITIONAL JUSTICE demands this
Civil Society Joint Statement on International Day for the Right to Truth, on 24 March 2024 in Kuala Lumpur.
We, the undersigned groups and civil society organizations, express our grave concern that the perpetrators responsible for the wrongful death of Teoh Beng Hock, fifteen years after his death whilst in the custody of the Malaysian Anti-Corruption Commission (MACC), have yet to be prosecuted for the killing or matters related. Justice demands that those that committed crimes must be charged, accorded a fair trial, and if convicted be sentenced accordingly.
Teoh Beng Hock, was then the political aide to the Selangor State Executive Councilor and State Assemblyperson Ean Yong Hian Wah, from the Opposition Pakatan Rakyat coalition that finally managed to win the 2008 State election defeating the UMNO-led Barisan Nasional (BN) government for the very first time, The BN, however retained power at the Federal Government.
In 2009, MACC, under the federal government, launched an investigation into 7 Selangor State assemblypersons from Pakatan Rakyat. Teoh Beng Hock was an aide of one of them. Many perceived the actions of MACC as a retaliation by the then BN government that lost the Selangor State elections.
Teoh Beng Hock was arrested and detained by the MACC on 15/7/2009, and he was then found dead at 1.30pm on 16/7/2009 on a ledge outside the window on the 5th Floor of Plaza Masalam, where the Selangor MACC office was on the 14th floor. He was allegedly dropped, pushed or fallen out of the 14th floor window and landed on the 5th floor ledge.
In 2011, the Royal Commission of Inquiry (RCI) concluded that Teoh was “driven to suicide” or death due to aggressive interrogation methods deployed by MACC officers. It named three officers as playing a role in his death: Hishamuddin Hashim, and his junior officers Mohamad Anuar Ismail and Ashraf Mohd Yunus. This implied that the law had been broken, and possibly there was torture that may have caused death. The RCI, in our opinion, erred in suggesting that it was suicide.
The Coroner gave an open verdict, which was varied by the Court of Appeal on 5/9/2014 that ruled that Teoh’s death was accelerated and caused by one or more unknown persons, including MACC officers. The decisive evidence was that Teoh’s neck had a pre-fall injury.
On 12/5/2015, the civil suit brought by the late Teoh Beng Hock's family against the Malaysian Anti-Corruption Commission (MACC), the Government and 12 others for negligence over his death was settled by the Defendants without the case going to full trial. The defendants agreed to pay the plaintiffs RM600,000 in damages, and High Court judge Justice Rosnaini Saub also instructed the defendants to pay costs of RM60,000. It is most likely that the Government only paid, and none of the other Defendants including the named MACC officers had to share in the burden of payment of damages and cost.
Transitional justice aims to provide recognition to victims, enhance the trust of individuals in State institutions, reinforce respect for human rights and promote the rule of law, as a step towards reconciliation and the prevention of new violations. Transitional justice has four pillars: 1) Truth seeking; 2) Prosecution; 3) Reparations; and 4) Institutional reforms.
Whilst the settlement in the Civil Suit on 12/5/2015 may have settled the question of reparations, the other pillars of transitional justice especially truth seeking and prosecution remains.
No one to date has yet to be charged and tried for the killing/death of Teoh Beng Hock, or other matters that broke the law including illegal interrogation practices and the deprivation of access to a lawyer of his choice. The perpetrator cannot be simply be ‘protected’ or dealt with ‘disciplinary actions’. Those who broke the law must be charged and tried in accordance to the law, and if convicted be sentenced justly.
Paying of compensation or damages, and allowing the actual perpetrators off scot free is not JUSTICE.
The 1st police investigation in 2009 did not result in anyone being charged and tried.
Another police investigation was commenced in 2014 after the Court of Appeal’s finding that the death was ‘caused by one or more unknown persons, including MACC officers’ also did result in any visible outcome.
When the Opposition Pakatan Harapan came into power after ousting the BN in the General Elections in 2018, the police commenced another investigation into the death. On 11 March 2024, in Parliament, Home Minister Saifuddin Nasution said the police had completed the investigation and submitted the report to the Attorney-General Chamber (AGC) in August 2023. Such delay in police investigation is not acceptable.
Almost 8 months have passed since police report has been submitted to the AGC, and no one has yet been charged in Court for the killing and/or related matters surrounding the extrajudicial killing of Teoh Beng Hock.
There is a lack of transparency as to what is happening, and simply no justification for the delays.
Therefore, we, the undersigned call for
1) The immediate charging and prosecution of all MACC Officers or others that killed and/or caused the death of Teoh Beng Hock;
2) The immediate charging and prosecution of all Officers that broke the law in their conduct of investigations, including possibly torture that may have caused the pre-fall injuries on Teoh Beng Hock’s neck;
3) The immediate disclosure of the full TRUTH of what happened that led to the death of Teoh Beng Hock,
4) Ensure the needed institutional reforms so that no one else will ever die in MACC’s custody or at MACC. CCTV in the entire MACC office/building is needed to protect suspect or witness rights and to deter wrongdoings of MACC officers. The right to immediate access to a lawyer of the suspects/witness’s choice must never be denied;
5) For a sincere apology be given to the family and friends of the late Teoh Beng Hock not just by the government and MACC, but also by the individual MACC officers responsible;
6) Call on Malaysia to amend needed laws and practices to ensure that law enforcement complies with the law, and there is no more violation of suspect/witness’s rights in police or MACC’s custody. Death in custody must end.
7) Call on Malaysia to ratify The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
END
(Please view the list of the endorsees at the end of this email)
敬致：媒体编辑
敬请考虑刊登下述公民社会组织联署文告。
适逢3月24日国际真相权日(International Day for the Right to Truth)，56个公民社会组织发出联合声明，
查询请电话或whatsapp联络黄业华(0111-
国际真相权日公民社会联合声明,
赵明福命案的转型正义：
我们，签署此联合声明的民间组织，对15年前于反贪委员会拘留所
赵明福是时任雪州行政议员兼州议员欧阳捍华的政治助理。2008
2009年，联邦政府管辖的反贪委员会正式对7名雪兰莪州民联州
赵明福于2009年7月15日被反贪会逮捕并拘留。2009年7
2011
年，赵明福案件皇家调查委员会在结论中指出，赵明福是“
虽然死因调查庭做出悬案判决，但是2014年9月5日上诉庭推翻
2015年5月12日，已故赵明福家属提出民事诉讼，
转型正义旨在承认受害者，提升个人对国家机构的信任，
尽管2015年5月12日的民事诉讼可能已解决了赔偿问题，
迄今为止，尚未有人因杀害或致死赵明福，或者其他违法行为（
支付赔偿或损害款额，却让真正的加害人免于惩罚，这不是正义。
2009年的第一次警方调查没有导致任何人被起诉和审判。
2014年上诉庭裁决赵明福的死亡是 “由一名或多名身份不明的人包括反贪会官员所导致”后，
当反对党联盟希盟于2018年大选击败国阵及入主布城后，
警方报告提呈给总检察署已将近8个月，
整个调查过程缺乏透明度，也根本没有理由拖延。
因此，我们，签署此联合声明的民间团体呼吁：
1. 立即起诉所有杀害或导致赵明福死亡的反贪委员会官员或其他人；
2.
立即起诉所有以违法方式进行盘问的官员，
3. 立即披露导致赵明福死亡的全部真相；
4.
落实必要的制度改革，
5.
不仅是政府和反贪委员会应该向赵明福的家人和朋友真诚道歉，
6.
呼吁马来西亚修改相关法律和实践，以确保执法机构遵守法律，
7.
呼吁马来西亚核准联合国《禁止酷刑和其他残忍、
List of Endorsees 联署单位:
1. Teoh Beng Hock Association for Democratic Advancement (TBH-ADA) 赵明福民主促进会
2. Malaysians Against Death Penalty and Torture (MADPET) 马来西亚反对死刑和酷刑组织
3. Advancing Knowledge in Democracy and Law (AKDL) initiative
4. Agora Society 群议社
5. Aliran
6. Baramkini 当今峇南
7. Beyond Borders Malaysia
8. Building and Wood Workers International (BWI) Asia Pacific Regional Office
9. Center for Orang Asli Concerns (COAC)
10. Citizens Against Enforced Disappearances (CAGED)
11. Civil Rights Committee of KL & Selangor Chinese Assembly Hall 隆雪华堂民权委员会
12. Coalition for Clean and Fair Elections (BERSIH) 干净与公正选举联盟
13. Eliminating Deaths And Abuse In Custody Together (EDICT) 消除拘留所死亡虐待阵线
14. Empower
15. Freedom Film Network
16. G25 Malaysia
17. GERAK
18. Happy Learning Books 學樂書苑
19. Hayat
20. Johor Yellow Flame 柔南黄色行动小组
21. Lightup Borneo
22. KL & Selangor Chinese Assembly Hall (KLSCAH) 吉隆坡暨雪兰莪中华大会堂
23. Malaysia Muda
24. Malaysian Action for Justice and Unity (MAJU)
25. Mamas Bersih 净选盟母亲团
26. Melaka Chinese Assembly Hall 马六甲中华大会堂
27. Monitoring Sustainability of Globalisation (MSN)
28. National Union of Transport Equipment & Allied Industries Workers (NUTEAIW)
29. Negeri Sembilan Chinese Assembly Hall 森美兰中华大会堂
30. New Era Power Alliance新院新时代力量联盟
31. New Generation of Universiti Malaya 馬大新世代
32. New Student Movement Alliance of Malaysia (NESA) 大马新学运联盟
33. North South Initiative
34. P320 Community Space (P320社区空间)
35. Pemuda Pertubuhan Penganut Dewa Heng Soon Kong Tai Bak Gong Senai Johor柔佛州士乃恒顺港大伯公庙青年团
36. Persatuan Amal Progresif
37. Persatuan Bertutur Bahasa Mandarin Malaysia 马来西亚讲华语运动
38. Persatuan Komuniti Prihatin Selangor, KL & Perak 雪隆社区关怀协会
39. Persatuan Sahabat Wanita Selangor
40. Persatuan Siswazah-Siswazah Taiwan Cheng Kung Universiti, Malaysia馬來西亞留台成功大學校友會
41. Persatuan Tiong Hua Negeri Sembilan 森美兰华人益赛会
42. Persatuan Wanita Maju Selangor & Kuala Lumpur 雪隆妇女前进会
43. Pusat Komas
44. Rahman Solidarity League 拉曼团结联盟
45. Rahman Student League 拉曼学生联盟
46. Sahabat Rakyat Working Committee 人民之友工委会
47. Saya Anak Bangsa Malaysia (SABM)
48. Sedarjat
49. Society for the Promotion of Human Rights（Proham）
50. Stateless.my
51. Student Progressive Front (SPF) 北方大学前进阵线
52. Suara Rakyat Malaysia (SUARAM) 人民之声
53. Sunflower Electoral Education Movement(SEED) 向日葵选举教育运动
54. University of Malaya Association of New Youth (UMANY) 马大新青年
55. WH4C (Workers Hub For Change)
56. Youth Section of KL & Selangor Chinese Assembly Hall 隆雪华堂青年团
News
Court sets Oct 16 for judicial review hearing over Beng Hock's death
Hidir Reduan Abdul Rashid
Published: Jul 10, 2023 4:12 PM
The civil court set the new hearing date during case management earlier today.
Initially set to be heard on June 6, the date was changed as Judge Amarjeet Singh had to recuse himself from the matter due to his previous involvement as a representative of the Attorney-General’s Chambers (AGC) involved in a royal commission of inquiry into Beng Hock's death.
When contacted, AGC’s senior federal counsel Ahmad Hanir Hambaly @ Arwi confirmed the new date to hear the merits of the judicial review. Hanir is acting for the government.
Counsel Sangeet Kaur Deo, who is acting for the two judicial review applicants in the matter namely the deceased’s father Teoh Leong Hwee and mother Teng Shuw Hoi, also confirmed that the legal action will be heard via Zoom before Judge Wan Ahmad Farid Wan Salleh on Oct 16.
On June 16 last year, the civil court granted leave to the deceased’s parents to proceed with the judicial review.
On Jan 4 last year, Beng Hock’s parents filed the legal action over the alleged failure of the police force to complete their investigation into the political aide’s death.
Beng Hock was found dead on July 16, 2009, on the fifth-floor service corridor of Plaza Masalam in Shah Alam after being questioned overnight at the Selangor MACC headquarters on the 14th floor.
At the time of his death, Beng Hock was a political aide to Selangor executive councillor and DAP Seri Kembangan assemblyperson Ean Yong Hian Wah.
In 2011, an RCI determined that Beng Hock was driven to commit suicide following MACC’s aggressive questioning.
In 2014, the Court of Appeal unanimously ruled his death was caused by the act of “person or persons unknown”, including the MACC officers who questioned him overnight before he was found dead.
She claimed that the police failed to wrap up the probe even after the matter was raised in both the Dewan Rakyat and Dewan Negara as well as public outcry.
She alleged that the police had since then not updated the family with further developments on the investigation into the deceased’s death, despite three separate task forces being formed in 2011, 2014, and 2018.
Teng further contended that the police probe into her son’s death was not a transparent one and can be perceived as an attempt to cover up the truth behind the incident.
Through the judicial review, Beng Hock’s parents sought a mandamus order to compel the inspector-general of police (IGP) to complete the investigation into his death within one month of the judgment of the High Court (if it allows the legal action).
The parents were also seeking several declarations, among them that the IGP, the Criminal Investigation Division director, and the police force were negligent in violating their duty of care to the parents to complete the probe within a reasonable time. - Malaysiakini, 10/7/2023
News
After one-year wait to see PM, Beng Hock's family meet with PMO officer
Wong Kang Jia
Published: Dec 13, 2023 8:36 PM
Frustrated after a year-long wait to see Prime Minister Anwar Ibrahim, the Teoh Beng Hock Association for Democratic Advancement and the late political aide’s sister Teoh Lee Lan met with an officer from the Prime Minister’s Office today.
The officer, identified only as Ariff, met group chairperson Ng Yap Hwa and Lee Lan at around 3.20pm, holding a meeting that lasted approximately 25 minutes.
After they met the officer, Ng (above) held a press conference outside the Prime Minister’s Office, stating that they had conveyed their demands to Ariff, who promised to relay the message to Anwar’s political secretary, Chan Ming Kai.
He said that they tried to make an appointment to meet Anwar a year ago but nothing had materialised.
“Pakatan Harapan is the one who championed the cause of Beng Hock since (he died) 14 years ago. They should make some changes when they are in power today,” said Ng, who also cited Anwar’s “black eye incident” from years ago to emphasise that the wrongdoers must be held accountable and punished.
He pointed out that Anwar was assaulted during detention, resulting in him appearing in court with a black eye, shocking the nation. The perpetrator, then inspector-general of police Rahim Noor, was eventually punished.
He lamented that to this day, no MACC officers have been held accountable for Beng Hock’s death while in their custody.
Beng Hock was found dead on July 16, 2009, on the fifth-floor service corridor of Plaza Masalam in Shah Alam after being questioned overnight on the 14th floor of the Selangor MACC headquarters.
At the time of his death, he was a political aide to Selangor state executive councillor and incumbent DAP Seri Kembangan assemblyperson Ean Yong Hian Wah.
In 2011, a Royal Commission of Inquiry determined that Beng Hock was driven to commit suicide following aggressive questioning by the MACC.
In 2014, the Court of Appeal unanimously ruled that his death was caused by the act of “a person or persons unknown”, including the MACC officers who questioned him overnight before he was found dead.
‘Even Najib met with us’
Ng called for Anwar to promptly reopen the investigation to ensure that those responsible for Beng Hock’s death are brought to justice.
Subsequently, Lee Lan (above) stated that before Anwar became the prime minister, he had attended Beng Hock’s funeral along with various Harapan leaders.
“He mourned and shed tears in front of the funeral hall, all because an innocent person lost his life in connection with the MACC.”
She questioned why despite former prime minister Najib Abdul Razak arranging a meeting with the Teoh family, Anwar appeared reluctant to do so.
“Even Najib as PM met with the Teoh family, so we just don’t understand why a simple arrangement (for a meeting) has to wait for a year.”
She also urged the public not to forget the injustice suffered by Beng Hock and to seize every opportunity to question Anwar in seeking justice for the deceased.- Malaysiakini, 13/12/2023
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