Media Statement – 25/8/2024
SUHAKAM and Parliament Must Investigate Whether Extrajudicial Killings Are ‘Planned’ Murders with no intention of arresting anyone alive and matters related to improve public perception of law enforcement
Malaysia must adopt the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions
A perusal of recent incidents where persons have been shot dead, and NOT arrested as required, discloses that the police officers involved were not the normal police units, who normally patrol in marked police cars with 2 persons or on motorcycle patrol units, but rather ‘special’ teams, sometimes involving police officers from outside the relevant police district. This raises questions whether these shooting incidents were chance encounters by normal police patrol or not.
Some of the more recent media reported extrajudicial killing incidents, whereby, according to reports, none of the alleged suspects were shot and arrested, is as follows:
· On 20/8/2024 incident, one person shot dead at the entry to the Sungai Balak Toll on the Kajang Dispersal Link Expressway (SILK) near Kajang, Selangor. It was a Bukit Aman Criminal Investigation team. (BERNAMA. 20/8/2024);
· On 13/8/2024, a man was shot dead at the entry to the Sungai Balak Toll on the Kajang Dispersal Link Expressway (SILK) near Kajang, Selangor. A team from the Bukit Aman Criminal Investigation Department was involved (The Sun, 13/8/2024);
· On 14/6/2024 incident, 2 were killed in Johor Baru, and it was ‘a joint federal-state police Criminal Investigation Department (CID) team, consisting of operatives from the Organised Crime Investigation Division (D14) and Serious Crimes Division (D9)’ team(Malay Mail, 15/6/2024);
· On 1/6/2020, 2 were shot dead at kilometre 396.5 of the North-South Highway (PLUS) at the Tanjung Malim layby, Perak. A team of police officers from the Bukit Aman Criminal Investigation Department (CID) together with the CID Division of the Perak police contingent headquarters was involved. (Malay Mail, 2/6/2024); and
· On 29/3/2024 incident, 5 were shot dead in Putra Heights, Kuala Lumpur, and it was a police team that was involved. (Malay Mail, 30/3/2024)
One common thread that emerges was it was all NOT ‘normal’ police officers, but was a ‘special’ TEAM, amongst others, from Bukit Aman Criminal Investigation team, Bukit Aman Criminal Investigation Department, ‘a joint federal-state police Criminal Investigation Department (CID) team, consisting of operatives from the Organised Crime Investigation Division (D14) and Serious Crimes Division (D9)’, and Bukit Aman Criminal Investigation Department (CID) together with the CID Division of the Perak police contingent headquarters. Such ‘special teams’ normally will not be involved in normal police patrols, but are usually discharged for a very specific purpose.
The story or the police narrative is too similar in cases where police shot dead suspects, following a story that some suspicious vehicle failed to stop despite being asked to by the police, the occupant/s allegedly opened fire and the police shot back and the suspects were killed. No one in such encounters with the police gets shot and arrested alive, or just arrested unhurt.
Another similarity that emerges, is the story that the deceased victims are ‘bad people’ and have committed crimes. Remember, in Malaysia, only the Courts decide on the guilt or innocence, and the sentence.
This trend raises serious questions about our police force. Was the encounter with the said suspect/s coincidental or planned? What is of concern is also whether there was any intention to arrest at all? Did the police follow the LAW?
Malaysian law clearly states that the police must arrest suspects, and cannot kill. If the police encounter results in death, then the said police officers should be charged in court for murder or culpable homicide, and ONLY the courts will decide whether any of the defence the police may have will succeed.
We also do not then hear the result of the Coroner’s inquiry, and news that these police officers have been investigated and charged in court for the killing, which is an extrajudicial killing.
What is happening affects the public perception of the police force, and the problem lies in the lack of transparency, and news of actions against those police officers involved in these killings. Disciplinary action ONLY is not enough – Charge them in court.
Note that ‘…An order from a superior officer or a public authority may not be invoked as a justification for extra-legal, arbitrary or summary executions…’ (UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions). A police officer ordered to shoot to kill, not arrest, must and can defy orders from superiors.
In case of custodial torture, the Court of Appeal said this ‘…When a police officer, be he of whatever rank, is found guilty of assaulting a member of the public and more so of an arrested person as in this case, the courts should send a message of the public abhorrence of such acts - by coming down hard on him and nothing short of a custodial sentence, even for a first offender, would suffice…’.(Tan Sri Abdul Rahim Mohd Noor v. PP).The same applies to police officers involved in extrajudicial killings.
MADPET calls on SUHAKAM(Human Rights Commission of Malaysia), Parliament and/or an independent Royal Commissions of Inquiry to look into these extrajudicial killings by police in depth to dispel concerns of pre-planned ‘killings’ with no intention to arrest, abuse of power or other unlawfulness.
MADPET calls on the governments to prohibit by law all extra-legal, arbitrary and summary executions and shall ensure that any such executions are recognized as offences under their criminal laws, and are punishable by appropriate penalties which take into account the seriousness of such offences, as per the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.
MADPET reiterates the concerns and calls in the 18 Groups Joint Statement dated 19/8/2024 entitled, ‘Criminalize extrajudicial killing, and charge law enforcement officers involved in the killing in Court, for it is Court that decides guilt and whether any defence including self defence will succeed’(A copy of the statement is attached).
The police and law enforcement must follow the law, and should not torture or KILL anyone. Malaysia must have a CLEAN and law abiding law enforcement.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
When police shoot and kill - Minister must apologize and Charge the police killers in court - Let Court decide on guilt or defence. Criminalize extrajudicial killing(with deterent sentence) - A Statement of 18 Groups
Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions
Investigate if extrajudicial killings of criminals are ‘planned’ murders instead – Charles Hector
String of cases where special police teams, and not regular patrol units, shoot dead alleged criminals, must be investigated by Suhakam, Parliament or even a royal commission of inquiry
A PERUSAL of recent incidents where persons have been shot dead, and not arrested as required, discloses that the police officers involved were not the normal police units, who normally patrol in marked police cars with two persons or on motorcycle patrol units, but rather “special” teams, sometimes involving police officers from outside the relevant police district. This raises questions whether these shooting incidents were chance encounters by normal police patrols or not.
Some of the more recent media reported extrajudicial killing incidents, whereby, according to reports, none of the alleged suspects were shot and arrested, are as follows:
– In an incident on August 20, 2024 incident, one person was shot dead at the entry to the Sg Balak Toll Plaza on the Kajang Dispersal Link Expressway (SILK) near Kajang, Selangor. It was a Bukit Aman criminal investigation team. (Bernama, August 20, 2024);
– On August 13, 2024, a man was shot dead at the entry to the Sg Balak Toll Plaza on SILK near Kajang, Selangor. A team from the Bukit Aman criminal investigation department (CID) was involved (The Sun, August 13, 2024);
– In an incident on August 14, 2024, two were killed in Johor Bahru, and it was “a joint federal-state police CID team, consisting of operatives from the organised crime investigation division (D14) and serious crimes division (D9)” (Malay Mail, August 15, 2024);
– On August 6, 2020, two were shot dead at KM396.5 of the North-South Highway at the Tg Malim lay-by, Perak. A team of police officers from the Bukit Aman CID together with the CID division of the Perak police contingent headquarters was involved. (Malay Mail, June 2, 2024); and
– In an incident on March 29, 2024, five were shot dead in Putra Heights, Kuala Lumpur, and it was a police team that was involved. (Malay Mail, March 30, 2024)
One common thread that emerges was it was all not “normal” police officers, but a “special” team.
These special teams comprised the Bukit Aman criminal investigation team, Bukit Aman CID, joint federal-state police CID team consisting of operatives from the organised crime investigation division (D14) and serious crimes division (D9), and Bukit Aman CID together with the CID division of the Perak police contingent headquarters.
Such “special teams” normally will not be involved in normal police patrols, but are usually discharged for a very specific purpose.
The story or the police narrative is too similar in cases where police shot dead the suspects because a suspicious vehicle failed to stop despite being asked to by police. Or that the occupant/s allegedly opened fire and police shot back and the suspects were killed.
No one in such encounters with police was shot and arrested alive, or just arrested unhurt.
Another similarity that emerges is the narrative that the deceased victims are “bad people” and have committed crimes. Remember, in Malaysia, only the courts decide on guilt or innocence, and the sentence.
This trend raises serious questions about our police force. Was the encounter with the said suspect/s coincidental or planned? What is of concern is also whether there was any intention to arrest at all. Did police follow the law?
Malaysian law clearly states that police must arrest suspects, and cannot kill. If a police encounter results in death, then the said police officers should be charged in court with murder or culpable homicide, and only the courts will decide whether any of the defences the police force may have will succeed.
We also do not hear the result of the coroner’s inquiry into these fatal shootings, nor of news that these police officers have been investigated and charged in court for the extrajudicial killing.
What is happening affects the public perception of the police force, and the problem lies in the lack of transparency. There is no news of actions against those police officers involved in these killings. Disciplinary action alone is not enough – they should be charged in court.
The United Nations’ Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions state: “… An order from a superior officer or a public authority may not be invoked as a justification for extra-legal, arbitrary or summary executions…”.
A police officer ordered to shoot to kill, not arrest, must and can defy orders from superiors.
In case of custodial torture, the Court of Appeal in Tan Sri Abdul Rahim Mohd Noor v PP has said this: “When a police officer, be he of whatever rank, is found guilty of assaulting a member of the public and more so of an arrested person as in this case, the courts should send a message of the public abhorrence of such acts – by coming down hard on him and nothing short of a custodial sentence, even for a first offender, would suffice…”.
The same applies to police officers involved in extrajudicial killings.
Madpet calls Suhakam, Parliament and/or an independent royal commission of inquiry to look into these extrajudicial killings by police in depth to dispel concerns of pre-planned “killings” with no intention to arrest, abuse of power or other unlawfulness.
Madpet calls on the government to prohibit by law all extra-legal, arbitrary and summary executions and shall ensure that any such executions are recognized as offences under their criminal laws, and are punishable by appropriate penalties which take into account the seriousness of such offences, as per the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.
Madpet eiterates the concerns and calls in the 18 Groups Joint Statement dated August 19, 2024, entitled “Criminalize extrajudicial killing, and charge law enforcement officers involved in the killing in Court, for it is Court that decides guilt and whether any defence including self defence will succeed”.
Police and law enforcement must follow the law, and should not torture or kill anyone. Malaysia must have a clean and law-abiding law enforcement. – August 25, 2024
Charles Hector is a human rights activist with Malaysians Against Death Penalty and Torture (Madpet) - SCOOP, 25/8/2024
Police have confirmed that a shooting incident occurred in Bandar Sunway this afternoon.
Subang Jaya district police chief Wan Azlan Wan Mamat said a foreigner, believed to be a criminal, was shot dead during the incident.
Later in the evening, Selangor police chief Hussein Omar Khan confirmed that a criminal suspected of involvement in several robberies was shot dead in the PJS area in Petaling Jaya.
Hussein (above) added that the incident occurred at about 7pm and involved a Bukit Aman Criminal Investigation team.
"The man, believed to be a foreigner from Africa, was suspected of being involved in several robbery cases,” he said.
KUALA LUMPUR: A man with a criminal record of six previous robberies was shot dead in a shootout at the entry to the Sungai Balak Toll on the Kajang Dispersal Link Expressway (SILK) near Kajang, Selangor this afternoon.
Selangor police chief Datuk Hussein Omar Khan said that a team from the Bukit Aman Criminal Investigation Department, which was patrolling the area, stopped a Perodua car driven by the man around 3 pm.
The man, who was in his mid-30s, refused to stop the vehicle and fired shots at the police.
“Police returned fire, and the suspect is believed to have been killed in the exchange,” he said, adding that a police officer in his 30s was struck by a bullet in the incident but survived because the bullet hit his bulletproof vest.
He said that
checks revealed the local man was believed to have been involved in a
robbery at a gold shop in Plaza Metro Kajang a few months ago, adding
that an investigation into the incident has been opened under Section
307 of the Penal Code. - The Sun, 13/8/2024
Police shootout in JB: Two suspects killed after gunfire exchange (VIDEO)
JOHOR BARU, June 15 — Two male suspects, high on the wanted list, were killed after exchanging gunfire with police along Jalan Abad in Century Garden here yesterday.
Johor police chief M. Kumar said police received a report regarding the incident at 5.04pm, during which both suspects were killed while travelling in a multi-purpose vehicle (MPV).
He said one of the suspects has been identified as a 42-year-old with 38 criminal records involving illicit drugs, while investigators are still verifying the identity of his accomplice, who was without any form of identification.
“The incident occurred after a joint federal-state police Criminal Investigation Department (CID) team, consisting of operatives from the Organised Crime Investigation Division (D14) and Serious Crimes Division (D9), were trailing the suspects who were acting suspiciously in a Toyota Estima MPV.“Upon realising that they were being tailed, the suspects sped away while firing several shots at the police vehicle that was close behind.
“The police team then returned fire at the suspects’ vehicle until the situation was brought under control.
“Police later found the two suspects shot dead inside their vehicle after the incident,” said Kumar in a statement today. Malay Mail, 2/6/2024
Two criminals die in shoot-out with police on North-South Highway near Tanjung Malim
KUALA LUMPUR, June 2 — Two criminals were shot dead in a shootout with the police at kilometre 396.5 of the North-South Highway (PLUS) at the Tanjung Malim layby, Perak, yesterday.
Selangor police chief Datuk Hussein Omar Khan said a report regarding the incident was received at about 11.32 last night and the dead criminals were two local men in their early 30s.
He said the incident occurred after a team of police officers from the Bukit Aman Criminal Investigation Department (CID) together with the CID Division of the Perak police contingent headquarters followed a gray Proton Waja vehicle driven by two suspects.
“The suspects then entered the North-South Expressway heading north after realising they were being followed and upon reaching the scene of the incident, the suspects fired several shots at the police.
“The police returned fire until the situation was safe. An inspection inside the suspect’s vehicle found both covered in blood and deceased,” he said in a statement today.
Hussein said a check found that one of the suspects had 23 previous criminal records and six wanted cases by the police while the identity of the other suspect was still being identified.
The case is being investigated under Section 307 of the Penal Code and Section 8 of the Arms Act 1960.
“Members of the public who have information on the incident can assist investigation by calling the nearest police station or contact the Hulu Selangor District Police Headquarters at 03-60641223,” he said. — Bernama, Malay Mail, 2/6/2024
Selangor cops say five suspected armed robbers shot dead in Putra Heights
KUALA LUMPUR, March 30 ― Five suspected armed robbery criminals were killed in a shoot-out with the police in Putra Heights, Selangor, last night.
Selangor police chief Datuk Hussein Omar Khan, when contacted by Bernama, confirmed the incident, which was believed to have occurred around 11.30pm.
“We will hold a press conference regarding this incident,” he said briefly.
It is learnt that, in the incident, a police team spotted a vehicle being driven in a suspicious manner and ordered the driver to stop for inspection.
However,
the suspects ignored the instructions, accelerating and firing shots at
the police before crashing into the rear of the patrol vehicle,
resulting in an exchange of gunfire. ― Bernama, Malay Mail, 30/3/2024
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