Sunday, March 24, 2024

Teoh Beng Hock - died/killed on 2009 at MACC, but to date no one has yet tp be charged or tried for the crimes? International Day for the Right to Truth - 56 Group Statement

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.


Transitional Justice for Teoh Beng Hock must include the prosecution and charging of the individual MACC officers who caused his death, and a disclosure of the TRUTH.

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



(Please view the list of the endorsees at the end of this email)



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,促请政府在赵明福案件上落实转型正义。

查询请电话或whatsapp联络黄业华(0111-0664526)或Charles Hector(019-2371100)或电邮 /











赵明福于2009715日被反贪会逮捕并拘留。2009716日下午130分他被发现卧尸于玛莎南大楼5楼的开放阳台上。雪兰莪反贪会的办公室位于同座大楼14楼。赵明福被指从 14 楼的窗户被扔下、推下或跌下,并坠落到 5楼的公开阳台上。


2011 年,赵明福案件皇家调查委员会在结论中指出,赵明福是“被迫自杀”或因反贪会官员采用过激审讯方法而导致其死亡。皇家调查委员会指名致死赵明福过程中扮演积极角色的三个反贪会官员:Hishamuddin Hashim以及他的下属Mohamad Anuar IsmailAshraf Mohd Yunus这意味该行为已触犯法纪,并且可能存在造成死亡的酷刑。我们认为,皇家调查委员指赵明福“自杀”的说法是错误的。




2015512日,已故赵明福家属提出民事诉讼,要求反贪委员会、政府及其他12人因疏忽导致赵明福的死亡负上责任。案件还未进入全面审理的情况下,被告与家属达致协议,同意向原告支付 60万令吉赔偿金,高庭法官 Rosnaini Saub 也指示被告支付 6万令吉庭费。这笔赔偿金极有可能仅由政府支付,其他被点名的反贪会官员无需分担赔偿金和庭费。


转型正义旨在承认受害者,提升个人对国家机构的信任,加强对人权的尊重并促进法治,以此作为实现和解及防止新的侵权行为的一个步骤。转型正义有四个支柱,即:(一) 寻求真相、(二) 起诉、(三) 赔偿、(四) 制度改革。










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,警方启动另一轮调查,但也没任何明显结果。


当反对党联盟希盟于2018年大选击败国阵及入主布城后,警方对赵明福案件展开另一次调查。2024311日,内政部长Saifuddin Nasution在国会上表示,警方已完成调查,并已于20238月将报告提呈给总检察署。警方的拖延调查令人难以接受。








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,包括可能造成赵明福坠楼前颈部受伤的酷刑;


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,以确保未来不再有人在反贪会的拘留下或在反贪会死亡。整个反贪会办公室或建筑物都必须设有闭路电视监控系统,以保障嫌疑人或证人的权利,同时阻止反贪会官员进行不当行为。反贪委员会绝不能否决嫌疑人或证人立即联系自己选择的律师的权利


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,所有涉案的个别反贪会官员也应该道歉;


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,并且不再发生警方或反贪委员会侵犯嫌疑人或证人权利的情况。扣留所死亡必须被终止;


7.  呼吁马来西亚核准联合国《禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约》。 

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


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 RightsProham


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

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 High Court in Kuala Lumpur has set Oct 16 to hear a judicial review by Teoh Beng Hock’s parents to compel the police to wrap up the long-standing investigation into his death nearly 14 years ago.

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.
Public outcry

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.

In an affidavit in support of the judicial review bid, Teng contended, among others, that the police failed to complete the investigation into her son’s death, despite the 2014 Court of Appeal decision.

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

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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