All 5 shot dead by police, none shot and arrested – Immediate inquiry by Coroner needed to establish truth

Rights group demands inquiry into fatal police shooting of 5

Published: Mar 31, 2024 11:00 AM
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Updated: 11:00 AM

Malaysians Against Death Penalty and Torture (Madpet) called for a coroner inquiry into the fatal shooting of five by the police in Putra Heights, Subang Jaya, two days ago.

Madpet spokesperson Charles Hector also urged Suhakam to look into the matter.

“What is shocking is that no one was arrested or injured and arrested. Were they in police uniform and an easily identifiable police car?

“(There were) No body cams or video recordings to reveal the truth. All we have, it seems, are the words of the police officers involved in the killing.

“The truth must be independently verified quickly,” he said in a statement on Madpet’s blog.

Extensive criminal records

Yesterday, Bernama reported Selangor police chief Hussein Omar Khan as saying that five individuals, believed to be part of the “Ninja Van Gang”, were shot dead at 11.30pm the previous night.

He said that the suspects, locals aged between 25 and 30, had extensive criminal records and had been wanted by the police for two years.

The police team spotted a vehicle being driven suspiciously and ordered it to stop for an inspection.

The instruction was ignored and the suspects accelerated the vehicle while firing shots at the police before crashing into the rear of the patrol vehicle, leading to an exchange of gunfire.

Meanwhile, Charles said that the coroner must be assisted by independent investigating officers to discover facts instead of evidence that may have been tampered with.

He cited the case of Syed Mohd Azlan Syed Mohamed Nur’s death in 2014, in which the Enforcement Agency Integrity Commission found attempts by the police to obscure and tamper with evidence.
Madpet spokesperson Charles Hector

The police investigation into the incident must also be professional, Charles added, saying that police who commit crimes should be prosecuted.

Questioning media reports of the event, he expressed suspicion of the police being “compromised”.

“There has been no mention of investigating the police officers responsible for the killing, whilst attention has been on the ‘justification’ that the five dead victims are ‘bad people’.

“If they are truly suspects of crimes over the past two years, why were they not arrested and investigated? Why were they not charged in court?

“The presumption of innocence applies until one is convicted by the court, so all five deceased should be considered innocent victims,” he said.- Malaysiakini, 31/3/2024

 

Media Statement – 31/3/2024

All 5 shot dead by police, none shot and arrested – Immediate inquiry by Coroner needed to establish truth

IPCC and SUHAKAM should also investigate

5 persons, aged between 25 and 30, were extrajudicially killed by Malaysian police, when they allegedly in a car failed to stop when instructed to and responded by firing at the police, and the police returned fire killed all 5 in Putra Heights, Subang Jaya around 11.30pm. (NST,Malay Mail, Star 30/3/2024). What is shocking is that no one was arrested OR injured and arrested. Were they in police uniform and an easily identifiable police car?

No Body Cams or Video recordings to reveal the truth. All we have, it seems, are the words of the police officers involved in the killing. The truth must be independently verified fast.

Coroner Must Immediately Inquire Into The 5 deaths

Coroner must act immediately do an inquiry into the deaths, and establish whether the police are criminally liable or not. The Coroner must immediately step in and independently investigate, and then do a speedy inquest or inquiry into the death.

The Coroner looks into the  "cause of death" which ‘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.’

Did the police shoot to arrest or kill?

We recall that on 31/5/2023 that the coroner’s court, presided by Coroner Rasyihah Ghazali, for ‘police shooting that resulted in death of 3, ‘…. 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-defense. There was abuse of power and (actions in the nature of) criminal elements by police in the death of the men,”… 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. … “The weapons described by the ballistic expert (Izzuwan Marzuki) and the investigating officer (P Visvanathan) were also in conflict,” (FMT, 31/5/2023)

Coroner Must Act Speedily To Prevent Tampering Of Evidence

We are reminded that the police can and may tamper with the evidence. For example, in the death in custody case of Syed Mohd Azlan Syed Mohamed Nur’s who died in 2014, the Enforcement Agency Integrity Commission (EAIC) found attempts to obscure evidence from the 25-year-old’s interrogation that resulted in 61 separate injuries on various parts of his body. (Malay Mail, 30/10/2015). The EAIC also stated that there was tampering of evidence by the police including:  the cleaning up the incident area before it was visited and examined, disposal of a rubber mat and carpet at the place of arrest which was believed to have blood stains of the deceased, and hiding or removal of eye witnesses to the incident.

Hence, the need for the Coroner to act fast, and not just rely on the police when the killing was caused by fellow police officers. There is a need for investigating officers, not the police, to assist the Coroner discover the truth based on facts, not tampered/tainted evidence.

The National Human Rights Commission (SUHAKAM) should also speedily look into this matter.

IPCC Also Can Commence Investigation On This Matter Of Public Interest

The Independent Police Conduct Commission (IPCC) can also commence investigation as this is a matter of public interest. Section 32 of the Independent Police Conduct Commission Act 2022 Act states ‘the Commission may commence an investigation of misconduct on its own initiative but only if the Commission is satisfied that it is in the public interest to do so whether or not there is a complaint of misconduct relating to it.’ The IPCC have the power to examine persons, obtain documents and other things – but then what they end up doing at the end is CLASSIFICATION and referring the cases to the relevant authority to act on it, and so in this case of police killing, it will most likely end up being send back to the police to further investigate and prosecute.

It is best the IPCC be abolished, and a real Independent Police Complaints and Misconduct Commission (IPCMC) be established with the ability to do public inquiry and prosecute police officers that broke the law.

The IPCC, unlike the Enforcement Agency Integrity Commission (EAIC) do not have a duty to make public their findings. Section 30(5) of Enforcement Agency Integrity Commission Act 2009 states ‘The Commission shall make public its finding and inform the complainant of its finding and any action taken by the Disciplinary Authority or the Public Prosecutor…’.

Police’s Own Investigation Into The Killing Must Be Professional

Note that the police too must professionally investigate the killing of the 5, and should not hesitate prosecuting police officers that commit crimes.

But Are The Police’s Independence Compromised By What Was Reported In Media?

However, from media reports, the police may be ‘compromised’ and one wonders whether they can independently and professionally investigate this case. About 10 hours after the shooting incident, media reports, possibly from police sources, says that the 5 dead were ‘believed to be involved in more than 50 armed robbery cases around the Klang Valley in the past two years.’ Police believe that at the time of their arrest, all suspects had plans to commit armed robbery. There has been no mention about investigating the police officers responsible for the killing, whilst attention has been on ‘justification’ that the 5 dead victims are ‘bad people’.

If they are truly suspects of crimes over the past 2 years, why were they not arrested sooner and investigated? Why were they not charged in court? Presumption of innocence applies until one is convicted by court, and so all the 5 deceased should be considered innocent victims. Media too need to be careful in their reporting not to paint a negative picture of the deceased 5 simply because the police says so. They may have become suspects only after they have been killed.

MADPET (Malaysians Against Death Penalty and Torture) urge for immediate investigation by the Coroner, SUHAKAM and even the IPCC into this matter of public interest where the police ended up shooting dead 5 innocent persons, and no one was injured and arrested, or arrested. The police duty is to arrest and investigate, and it is the court that convicts and sentences – thus making all these killings extrajudicial killings.

It is sad that the Media fails to report the Coroners findings of these police shot dead cases, and this is important to determine whether what the police said soon after the shooting was true or fake.

Charles Hector

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

See also - 

Another Man Shot Dead By Police, Rather Than Being Arrested – Investigate Police Involved For Murder(MADPET) - 18/2/2024

Cops shoot dead five suspected armed robbers in Putra Heights [NSTTV]

By Safeek Affendy Razali - March 30, 2024 @ 8:58am

SUBANG JAYA: Police shot dead five suspected criminals believed to be involved in more than 50 armed robbery cases around the Klang Valley in the past two years.

The suspects, aged between 25 and 30, were spotted behaving suspiciously by a police team conducting crime prevention patrols on Persiaran Harmoni, Putra Heights, here at 11.30pm last night. They were travelling in a Perodua Axia car.

When instructed to stop for inspection purposes, the suspects, who were also locals, sped off while firing several shots at the police. The police team, comprising officers and members of the Bukit Aman Criminal Investigation Department (CID), along with CID officers from the Selangor and Kuala Lumpur contingents, attempted to surround the car before the suspects rammed the rear of the police vehicle.

Simultaneously, the suspects continued to fire shots, prompting the police to return fire in self-defence.

Upon inspection, the suspects were found dead at the scene, and the police also discovered and seized two firearms used by the suspects along with other weapons. Sources revealed that all suspects had outstanding warrants issued by the police for armed robbery incidents and past criminal records.

"The suspects were reportedly actively involved in robbing cash from delivery company vans, factories, and homes storing cash and jewellery in areas around Shah Alam, Puchong, Klang, Subang Jaya, Kajang, and Sentul."The suspects were also found to have injured victims who attempted to resist them," the source said.

Police believe that at the time of their arrest, all suspects had plans to commit armed robbery.

A press conference will be held later today.- NST, 30/3/2024



Five armed robbers die in shoot out with cops in Putra Heights

By AUSTIN CAMOENS Nation

Saturday, 30 Mar 2024 9:48 AM MYT


PETALING JAYA: Five armed robbers have been shot dead following a confrontation with police at Putra Heights.

Sources revealed the five were connected to at least 50 robberies in the Klang Valley area.

It was also learnt that two guns were retrieved following the shootout which occurred at around 11.30pm on Friday (March 29).

Selangor police chief Comm Datuk Hussein Omar Khan confirmed the incident.

"We will be calling for a press conference soon where we will divulge more information on this matter," he said when contacted.

It was 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. - Star, 30/3/2024

Selangor cops say five suspected armed robbers shot dead in Putra Heights

Selangor police chief Datuk Hussein Omar Khan confirmed that five suspected armed robbery criminals were killed in a shoot-out in Putra Heights, which was believed to have occurred around 11.30pm. — Picture by Ahmad Zamzahuri

Saturday, 30 Mar 2024 9:35 AM MYT

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

 

Inquest into killing of 4 suspected robbers by cops (FMT) - Police Must Arrest Suspects, Not shoot them dead

 

NGO calls for inquest into killing of 4 suspected robbers by cops

FMT Reporters

-

December 26, 2020 8:30 PM

9.2k Shares

Police inspecting some of the items said to have been recovered from the car after gunning down the suspected robbers. (Bernama pic)

PETALING JAYA: A human rights NGO has called for an inquest into the death of four suspected robbers who were shot by police after a chase in Sungai Buloh yesterday.

Malaysians Against Death Penalty and Torture (Madpet) said the killing of the four by the police ought to be independently investigated to determine if there was no wrongdoing involved.

“Madpet demands speedy independent investigations and inquiries into all ‘police shot dead’ incidents, which is necessary to clear doubts about police wrongdoings and/or abuse of power.

“An open inquest by a judicial officer should also be held for all such police shooting incidents. Madpet also urges police to arrest suspects, and try their very best to avoid killing them,” it said in a statement.

Madpet pointed out that Article 11(1) of the Universal Declaration of Human Rights states that everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to law in a public trial, at which he has all the guarantees necessary for his defence.

The NGO also said Section 15(2) of the Criminal Procedure Code states that if a person forcibly resists arrest or attempts to evade it, a police officer may use all means necessary to effect the arrest.

“The primary objective is to effect arrest, not to kill the suspects. Were the police shooting to effect arrest or to kill?

“Could they have not shot and injured these suspects, in their 20s, and arrested them? If one of the four suspects accidentally died, and the others were shot and arrested, it may be reasonable.

“But all four suspects were shot dead – and not even one was arrested or injured. So, no suspect can tell us their version of what happened.”

The NGO also questioned a report by Bernama in which the police stated that the suspects were members of a masked robbery gang they were looking for, going on to ask why the suspects were not arrested or brought in for questioning prior to yesterday’s alleged robbery.

Touching on the police’s statement where they said the suspects were involved in 50 robberies in Selangor, and that several machetes, jewellery, cash, helmets and black clothes were found in their car, Madpet questioned whether such information was seen as justification for their deaths.

Stressing that past convictions of crimes is irrelevant in determining whether one is guilty of a new or different crime, the NGO said any determination of a person’s guilt had to be done in court.

“Are the now reported ‘beliefs’ of the police true, or is it simply an attempted justification for the deaths?

“The dead, obviously, do not have the capacity to now defend (themselves) against these possibly ‘false’ allegations. Maybe an independent inquiry will reveal the truth.

“Would these deaths now mean that all cases like the ‘50 robberies in Selangor’ are considered closed? Is it possible that the four were innocent, and the real perpetrators are still at large?”

Now that a trial had been avoided, it asked if this meant the police and prosecutors would be freed of having the burden of proving the guilt of the accused. - FMT, 26/12/2020

 

Media Statement – 26/12/2020

Police Must Arrest Suspects, Not shoot them dead.

Inquest or Independent Inquiry for all police shot to death incidents

MADPET (Malaysians Against Death Penalty and Torture) is appalled that 4 persons were shot dead on Christmas day by the Malaysian police, and they were allegedly not even armed with guns firing at the police.(Malay Mail, 25/12/2020).

This is yet another case of extrajudicial killing by the Malaysian police that ought to be independently investigated to determine that there was no wrongdoing on the part of the police.

The national news agency, BERNAMA, provides us with the police version of what happened, but this is simply not right.

It is best that an INQUEST be held by a Judicial Officer, the Magistrate. The police should not be investigating cases where its own officers are the alleged killers or perpetrators of crime.

A police officer is duty bound to only arrest suspects of crimes, who then will be investigated. If investigations reveal they have committed a crime, then suspects will be charged in court and  the accused is accorded the right to a fair trial.

One is only guilty of any crime after the courts, after trial, finds the accused person guilty.

If the person to be arrested tries to avoid arrest or use force, then the law in section 15(2) of the Criminal Procedure Code states that, ‘If such person forcibly resist the endeavors to arrest him or attempt to evade the arrest such officer or other person may use all means necessary to effect the arrest.’

The primary objective is to effect arrest, not to kill the suspects.

Were the police shooting to effect arrest or to kill? Could they have not shot and injured these suspects, in their 20s, and arrested them? If one of the 4 suspect accidently died, and the others were shot and arrested, it may be reasonable. But, yet again, all 4 suspects were shot dead – and not even one was arrested injured. So, no suspect can tell us their version of what happened.

Article 11(1) Universal Declaration of Human Rights (UDHR) states that ‘Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.’

In extrajudicial killings as in this case, at the very most they are but suspects – and as such they must always be presumed innocent.

As in some previous cases in Malaysia, after the killings, the police is quick to, maybe wrongly, ‘defame’ the dead, by making assertions like ‘..Checks revealed that all the suspects, in their 20s, were members of a masked robbery gang that the police had been looking for. “We believe all the suspects had been involved in more than 50 robberies in Selangor since the beginning of this year and two of them had criminal records…’

In the determination of guilt, police suspicions and beliefs are irrelevant. It is for the court to determine whether a person is guilty or not.

It also is common for some of these news reports of police shooting that resulted in deaths to say that arms and valuables are found in the vehicle. “Inside the car, police found several machetes, jewellery, cash, some helmets and black clothes believed to be used by the suspects to carry out robbery,”(BERNAMA)

If they were previously long identified suspects, the question that arises is why were they earlier not arrested or even brought in for questioning? Were there arrest warrants issued before or in existence when they were killed?

Are the now reported ‘beliefs’ of the police true, or is it simply an attempted justification for the deaths?

The dead, obviously, do not have the capacity to now defend against these possibly ‘false’ allegations. Maybe, an independent inquiry will reveal the truth.

Would these deaths now mean that all these cases like the ’50 robberies in Selangor’ be considered closed. Is it possible that the 4 were innocent, and the real perpetrators are still at large? Now that a trial is avoided, the police and prosecutors will also be freed of having the burden of proving the guilt of the accused?

One other disturbing concern, is the speed about the police suspicions of the involvement of the dead in past crimes gets reported, hours after they have been shot dead. If, the police came out with a statement of these past suspicions several days later, after spending some time investigating, it may be more plausible or believable.

It must be noted that past convictions of crimes is really irrelevant in determining whether one is guilty of a new and/or different crime.

The other possible justification for the police action in this BERNAMA report ‘…The policemen gave a chase and as they caught up, the suspect’s car rammed into a female GrabFood rider and dragged her for about a few metres.“After running into the rider, the car could not go forward. The driver tried to ram the rider again prompting the police to fire several shots at the suspect’s car to save the victim,” he[Selangor Police acting chief Datuk Arjunaidi Mohamed] told reporters at the scene. ‘ The said female rider seem to have ‘…suffered injuries on several parts of her body and was taken to the Sungai Buloh Hospital for treatment…’

Would a speeding car that crashed into a motorbike caused more serious injuries or even death? The testimony of the GrabFood women rider is important to determine the truth? Did the car try to ‘ram the rider again’? An independent inquiry is much needed to determine the truth.

MADPET demands speedy independent investigations and inquiries into all ‘police shot dead’ incidents, which is necessary to clear doubts of police wrongdoings and/or abuse of power. An open inquest by a judicial officer should also be held for all such police shooting incidents.

MADPET also urges police to arrest suspects, and try the very best to avoid killing them.

Malaysia must end all forms of extrajudicial killings, and ensure every person is accorded the right to a fair trial. Until found guilty by a court of law, everyone must be presumed innocent.

The right to a fair trial, and the presumption of innocence principle also calls for the abolition of all Detention Without Trial Laws, where persons not tried or found guilty by court are detained/restricted without even the ability to challenge in court the reasons used by the administration to detain/restrict them.

Charles Hector

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

 

See related post for even more information

Police Must Arrest Suspects, Not shoot them dead (MADPET)

 

 

 

3 migrants shot dead by police-allegedly victims of organ thefts?

The said 3 Indonesian migrants were allegedly shot dead by Malaysian police - a thorough investigation in needed to see whether this killing was justified. Could they have not arrested them without killing them? From what it reported, they seem to not have had guns - but some sort of knives. Could they not have been shot in the legs, etc and arrested? There is just too many shoot to kill incidents in Malaysia - and there must be independent inquiries into all such incidents to show that the actions of the police were reasonable and justified. 

Now, there is allegation that when the bodies arrived back in Indonesia - their organs may have gone missing. It is still an allegation for a 2nd autopsy has not yet been conducted by the Indonesian authorities - which I believe should be done to ascertain whether organs were really removed. If so, there must be an investigation done as to when and where it happened - and why? Doubts can arise as to the real reasons they were shot dead - was it to harvest organs? 2nd autopsy must be done immediately to ascertain whether organs have been removed or not from the bodies of the said 3 victims...Malaysia really must insist on this, and maybe also be present when this 2nd autopsy is done...

Probe into migrant workers` deaths in Malaysia badly needed

Tue, April 24 2012 23:19 | 216 Views

by Bustanuddin

"We hope that the Malaysian government could clarify what really happened."

Jakarta (ANTARA News) - The peculiarity surrounding the recent death of three Indonesian migrant workers in Malaysia has become the government`s focus of attention to ask for clarification from the Malaysian side.

The Indonesian government is waiting for clarification from Malaysian authorities regarding the death of three migrant workers who allegedly fell victim to organ thefts, Foreign Minister Marty Natalegawa said here on Tuesday.


"We hope that the Malaysian government could clarify what really happened to erase allegations that the organs of the three murdered Indonesian citizens had been removed," he noted. 


Meanwhile, the National Agency for Placement and Protection of Indonesian Migrant Workers (BNP2TKI) and national police have stated to repeat autopsy on migrant workers shot dead in Malaysia, to ensure that no organs of the victims have been removed.


Marty added that he had asked the Malaysian embassy in Jakarta to gather information from relevant parties in Malaysia on the death of the three migrant workers in the Malaysian state of Negeri Sembilan.


"The Malaysian ambassador in Jakarta has promised to provide the Foreign Ministry with the information soon," he said.


Marty also noted that information from the Port Dickson hospital, which conducted autopsies on the three murdered migrant workers, as well as from the police in the Malaysian state of Negeri Sembilan, had thus far provided the most important information.


To obtain this information, the Indonesian embassy in Kuala Lumpur had contacted the hospital, whose officials said the autopsy had been conducted in Malaysia, he said.


"Now we need a repeat autopsy to see if stitches on the three bodies resulted from an autopsy or gunshot wound. This (autopsy) will shed light on the alleged organ theft," he said.


The three ill-fated migrant workers, identified as Herman (34), Abdul Kadir Jailani (25) and Mad Noor (28), were killed after Malaysian police opened fire on them. They allegedly had resisted when police approached them.


The Malaysian police were suspicious of the migrant workers since they wore head covers, masks and carried matches, according to officials.


The bodies of the construction workers in Negeri Sembilan, Malaysia, arrived in their home villages in East Lombok district, West Nusa Tenggara province, on April 12 and were buried there. 


Chief of BNP2TKI agency, Jumhur Hidayat, said in Batam, Riau Islands on Tuesday that a repeat autopsy is needed to see the real conditions of the victims.


In the meantime, head of the National Police public relations division, Inspector General Saud Usman Nasution, said on Tuesday, the police would continue with their plan to conduct an autopsy on the victims` bodies. 


Jumhur Hidayat said, a BNP2TKI representative in West Nusa Tenggara province was advocating for the families of the victims and had advised them to seek a repeat autopsy, following suspicion that some of the victims` organs had been removed before they were sent home.


According to him, the suspicion must be examined, and not only be speculated upon, to see whether it was true or not.


Jumhur said the police and a hospital could not conduct the autopsy unless there was a request from the families of the victims and, therefore, BNP2TKI had been advising the families to make the request.


"We could not force them to do it, although we wish the autopsy could be done immediately," he explained.

Jumhur said further, the death case of the migrant workers had received full attention from the government, adding that President Susilo Bambang Yudhoyono had even contacted him to ask about it.








The families of the three victims suspected that some of the organs of the victims had been removed and sold, because of the stitches found on their eyes, chests, and stomachs. The victims` eyes and other organs were suspected to have been removed.


The families` suspicions were based on the account of Herman who saw the conditions of the victims` bodies at Port Dickson Hospital in Malaysia, before they were shrouded and put into coffins and sent to Indonesia. 


Marty also said that he had set up a special team to collect complete and comprehensive information about the deaths of the Indonesian migrant workers.


According to him, the team consisting of expert staff from the Directorate of Protection of Indonesian Citizens and Legal Entities, would soon be sent to Malaysia.


The ministry has contacted the family of one of the victims to express sympathy and extend help, including assistance with regard to the families` intention to demand a repeat autopsy on the victims.



"The government will also help if the families intend to ask for a repeat autopsy to confirm whether or not organs have really been removed," Marty said.


In addition, the Indonesian Embassy`s ranking official in Kuala Lumpur, Mulya Wirana said the embassy will conduct a thorough investigation into the cases of deaths of three Indonesian workers (TKI), who were shot by police in Negeri Sembilan. - Antara News.com, 24/4/2012, Probe into migrant workers` deaths in Malaysia badly needed

YM Raja Aziz Addruse, human rights advocate, passed away on 12/7/2011 -

In Memoriam: Yang Mulia Raja Aziz Addruse

Tuesday, 12 July 2011 02:58pm

Our distinguished Past President, Yang Mulia Raja Aziz Addruse, passed away peacefully earlier today at the age of 75. Allahyarham was called to the Malaysian Bar on 8 Jan 1966.  From Lincoln’s Inn, Allahyarham was the first President of the Malaysian Bar to serve three terms — 1976-1978, 1988-1989 and 1992-1993.  A leading advocate, Allahyarham continued to be active in Bar Council work, and appeared regularly in the Appellate Courts as a senior counsel.  He had led and argued many of the difficult and controversial cases for the Malaysian Bar. Those wishing to pay respects can do so at his residence at No 29 Jalan Nusa, 50480 Kuala Lumpur.  The funeral will be at noon tomorrow. Bar Council and the Malaysian Bar convey our deepest condolences and sincere sympathies to his family members on their loss. - Malaysian Bar Website

He was a human rights advocate, whom I had the pleasure of knowing and working with. Amongst others, he campaigned for an end of 'shoot to kill' practices of the Malaysian police, against Detention Without Trial (he was instrumental in helping re-focusing attention from just the ISA to all Detention Without Trial laws), was for the abolition of the death penalty, 

Senior lawyer and former Bar Council president Raja Aziz Addruse says that proper justification must be given for the taking of a life. “Just to say, ‘Because they were shooting at me,’ is insufficient,” he says. “In many of these cases, there’s always a gun found in the car. It’s just too coincidental. Very often, all the people allegedly involved are killed.”...

Raja Aziz also cites the need for an independent tribunal to look into police shootings. “In other countries, an independent inquiry would be held to find out what happened,” he says. “For example, in the UK, an inquiry was held in the case of the shooting of Jean Charles de Menezes.” The inquiry eventually found the Met police force guilty of endangering public safety, and it was penalised for shooting de Menezes dead.

Raja Aziz says the Enforcement Agency Integrity Commission (EAIC) is inadequate to monitor the police, as its jurisdiction is too general. “With the rampant abuses that have been perpetuated by the police, there should be a proper, separate commission,” he says. “Also, police officers have much greater powers than those in other agencies such as the MACC, immigration or customs.”...Raja Aziz says unless the government has the political will to deal with these issues regarding the police, nothing will change. - The Nut Graph, 22/3/2010, Are the police shooting to kill?

Amend mandatory death sentence, urges Raja Aziz

Former Bar Council chairman Raja Aziz Addruse has urged the Government to amend mandatory death penalty laws to give judges the option whether or not to pass the death sentence.
 
Speaking at an Amnesty International workshop on The Death Penalty, he  said that at present, the imposition of the death penalty was not a choice for the presiding judge in cases involving murder and drug trafficking.
He said the mandatory death sentences under the penal code for murder and drug offences meant that anyone found guilty would automatically join death row.
Stressing that there was no such thing as a perfect judicial system  anywhere in the world, Raja Aziz said with the mandatory death sentence, mistakes could not later be corrected.

It is inherent in any judicial system that the innocent will be found guilty, he said, and an innocent man may be sentenced to death.

Raja Aziz cited the infamous British cases of the Guildford Four and Birmingham Six whereby police were later found to have fabricated evidence during the trial to secure their conviction.

He said where there was a choice between a death sentence or life  imprisonment, there is a tendency for judges to choose life over death.

Given a choice, very few judges will impose the death penalty, he added.

Raja Aziz dismissed the notion that a mandatory death sentence acts as a deterrent for would-be murderers and drug traffickers.

Would you decide it was acceptable to murder someone just because the death penalty is removed? he asked, adding that there had not been any decrease in the number of drug addicts in the country since the death penalty came about. - Death Penalty News Worldwide (original source: The Malaysian Star)
 

 

A police 'shoot to kill' incident filmed and on YouTube

A 'shoot to kill' incident is on YouTube apparently ....

In Malaysia, see also:Police admits shooting and killing 170 persons in 2008-2009..

Prime Minister Abhisit Vejjajiva has called on police to explain how they killed a man suspected of involvement in the drive-by shooting of a 12 year-old boy.

Aman believed to be a plain-clothes police officer shoots at a target thought to be highway murder and drug trafficking suspect Charnchai Prasongsil in Ayutthaya on Saturday. The video clip has been posted on the YouTube website.

Mr Abhisit said yesterday his government did not support extrajudicial killings by police.

Video footage purportedly showing police shooting to death their suspect in the fatal drive-by attack on Phokin "Nong Tomee" Deephiu was uploaded on YouTube on Monday.

The youngster died on Saturday of injuries sustained in a road rage attack in Ayutthaya on Dec 4.

Just hours after the youngster's death, police tracked down one of the suspects in the killing to an apartment near Ayutthaya and shot him.

The clip, uploaded to YouTube by "regist53", is said to show police attempting to arrest Charnchai Prasongsil, also known as Joke Paikiew, 29, on the night of the boy's death, near an apartment in Ayutthaya.

Part of the clip shows a man firing two shots at a target lying in a wet overgrown area. The scene is in darkness but voices heard in the clip indicate the target is Charnchai. It is unclear if the man was dead or alive when he was shot but someone is heard in the video as saying that he might be alive.

The video appears to have been taken for official purposes, possibly by rescue workers, as police are heard telling them when to stop filming.

After a policeman shoots repeatedly at the target, he is told to put away his gun. He is named in the video as "Theng".

Police raided the apartment where their chief suspects, Charnchai and his brother Noppon Prasongsil, known as Jib Paikiew, were staying.

Charnchai was killed by police while Mr Noppon managed to escape. Mr Noppon was caught in Ayutthaya's Bang Pa-in district on Tuesday.

Mr Abhisit said yesterday his government did not support extrajudicial police killings. "They are not the right, or sustainable solution," he said.

The prime minister wanted to know what happened on the night Charnchai was killed.

Police, meanwhile, are defending their actions, insisting Charnchai, who was also a suspected drug trafficker, was armed and dangerous, and had shot at them first.

The clip has drawn mixed reactions from the public. Some posters who viewed the video supported the police action while others disagreed.

"How can this be a legal killing when police can point the gun at a suspect who is lying down and shoot him dead?" asked one poster.

Another wrote: "He fired at police so police were entitled to kill him. Suspects can pretend to die, only to shoot police who approach."

"Think about what he did to the 12-year old boy. He was also a drug trafficker," another poster wrote. "He deserved to be killed."

Somchai Homla-or, a human rights activist, said Charnchai's relatives could appoint a lawyer to have the case heard in court if they think police overacted.

Public prosecutors will also join an investigation into alleged extrajudicial killings as required by law to ensure justice.

Pol Gen Asawin Khwanmuang, senior adviser to the Royal Thai Police Office and acting commissioner of Provincial Police Region 1, who supervised the operation and is seen in the video footage, insisted police did not overreact.

"The police did what they had to do," he said. "I swear on the honour of my police service that spans most of my life that the police did not overreact and I believe society will understand them."

He had not seen the clip. He insisted that all officers on the mission were well trained and strictly followed regulations. Police would not have killed the man had they not been shot at.

The arrest of Charnchai's younger brother Noppon on Tuesday went smoothly and police did not hurt anyone even though he was carrying a gun.

Pol Gen Asawin met Deputy Prime Minister Suthep Thaugsuban at Government House yesterday to report on the operation.

Mr Suthep said later the attack on the vehicle which carried Nong Tomee was an appalling crime and shocked the public. He thanked the police for solving the case and making the arrests quickly.- Bangkok Post, 16/12/2010, Killing of suspect filmed - PM wants explanation of video on YouTube

Foreigner shot dead by police on Human Rights Day in Seremban (Berita Harian)

Well, as we celebrate Human Rights Day 2010, it is sad to learn that we have yet another victim killed by police. The allege that this 'foreigner' was shot and killed by the police while he was attempting to break into 2 houses.[How do they know that was attempting to break into 1 or 2 or 3 or more houses ...or whether he was  even attempting  to commit any crime.

The duty of the police is to arrest a suspect - not shoot and kill the suspect. Was this 'suspect' shooting at the police and the police was forced to retaliate and unfortunately in the crossfire, the 'suspect' died. 

Well, it is only a one line report which states: "SEREMBAN: Seorang lelaki warga asing ditembak mati polis ketika cuba memecah masuk dua rumah di Taman Desa Ros Ampangan di sini jam 4.15 pagi tadi." [SEREMBAN: A male foreign national was shot dead by the police whilst trying to break into 2 houses at Taman Desa Ros Ampangan here at 4.15 am.]  - Berita Harian, 10/12/2010, Warga asing ditembak mati ketika cuba pecah rumah

See also:Police admits shooting and killing 170 persons in 2008-2009..

Update:- Could be a report of the same incident?

A robber, believed to be a foreigner, was shot dead when he tried to attack police with a parang during a botched robbery attempt at a house in Taman Desa Ros, Ampangan, near Seremban this morning.

Negeri Sembilan police chief Osman Salleh said during the 4am incident, police who received information of an attempt by robbers to break into a house, arrived at the scene and found three suspects trying to cut through the fence of a house.

"When police arrived, the three suspects who were trying to cut through the fence tried to escape in different directions. However, one of them suddenly came charging at police with a parang.

"Despite repeated warnings, the suspect continued to charge and police had to shoot him. Two others managed to escape," he said adding that the body was later sent to the Tuanku Ja'afar Hospital here.

"The suspect who was wearing a ski-mask and gloves had a parang and a screw driver with him.

"Police also found a cutter. We believe the suspects had come in a car and one of them was waiting in the car.

"The dead is believed to be a foreigner in his 30s because no identity documents were found on him," he said.

Osman said initial investigations revealed that they belonged to a group called 'Kumpulan Gemuk' comprising foreigners who had carried out a number of robberies in the area.

He added that the gang was believed to be involved in more than 26 armed robberies in Paroi and Rahang.

- Bernama - Malaysiakini, 10/12/2010, Robbery suspect shot dead

3, including 16 year old, shot dead by police 0n 13/11/2010

Press Release - 15 November 2010

 

 

Fatal shooting of 3 persons including a 16-year-old boy in Glenmarie

Lawyers for Liberty is gravely concerned over the shooting to death of three alleged suspects by police during the early hours of Saturday 13th November 2010 at Glenmarie, Selangor.

The dead were Mohd Shamil Hafiz Shafie, 16, Mohd Khairul Nizam Tuah, 20, and Mohd Hanafi Omar, 22. Although one of the dead persons was a sixteen year old boy, acting Selangor police chief Datuk A.Thaiveegan has made the incredible claim that all the dead were "seasoned criminals".

The police allege that the dead suspects were part of a gang known as "Geng Minyak" which preyed on petrol stations. They further allege that the suspects when cornered rushed at the police with machetes and that the police shot them all dead in self-defense. We find this story by the police to be quite unbelievable.

If the suspects were only armed with machetes and not firearms, why was it necessary to shoot all of them dead? Were any warning shots fired? It beggars belief that men armed with machetes would rush into a hail of bullets.

We note that there is disturbing similarity in the justification given out by police after almost every fatal police shooting in recent memory. In almost all cases, police claim that the suspects fled and police gave chase. The suspects then attacked police and the police opened fire killing all instantly. No suspect in such situations ever seems to survive. Subsequent to the shooting police claim to have discovered weapons in their vehicle and accuse the dead of being involved in all sorts of crime. Of course, by then none of them can defend themselves.

Even 14 year police shooting victim Aminulrasyid Amzah was accused of being a parang wielding criminal. This standard police version which is trotted out after every shooting is extremely improbable, to say the least. 

It should be noted that international policing norms require that firearms only be discharged to protect life and that clear warnings be given with adequate time to comply. Are these rules being observed and complied with by the Malaysian police force? We seriously doubt it, going by previous cases.

We also note that the authorities continue to refuse to make public even the police guidelines on discharge of firearms. Why all this secrecy?

We call for an immediate independent investigation into this latest shooting, with the findings made public. We reiterate the call for a Royal Commission to investigate all police shootings over the past decade.

We call upon the police force to adhere to international guidelines on policing and to eschew all unlawful actions in the name of crime prevention.   

LAWYERS FOR LIBERTY

N.Surendran

Fadiah Nadwa Fikri

3 with no firearms shot dead by Malaysian police...

Another shoot to kill incident - 3 (armed not with firearms...) shot dead. What about shooting in the leg...and arresting persons?

Again, the dead, who cannot defend themselves, get 'defamed'. So fast... the police tells us that the dead have been involved in over 10 robberies over the past 4 months. If the police was so sure... then, why were they not arrested before this? Were there 'wanted posters' out asking members of the public to call in with information about whereabouts? Remember, the police do not even refer to them as suspects... or 'suspected to have been involved'...

How many bullets were used? Where were they shot? It really is not that easy to shoot and hit a target...or to hit a human person in such a way that causes death. Will there be an independent inquiry into this 'shooting incident'?

Read earlier post:-Malaysian police shot dead 279...and another 147 died in police lock-ups [2000-2009]

TAMPIN: Police shot dead three criminals believed to be members of a gang called Group 66 who were about to rob a businessman in Kg Air Gelugor in Gemencheh at about 4am Saturday.

The three, whose identities have yet to be established, were known to be aggressive and believed to be involved in a spate of robberies in Malacca, Johor and Negri Sembilan in recent months.

State police chief SAC1 Datuk Osman Salleh said two of the gang members managed to flee in a white Nissan Sunny.

The businessman, who is a deer farmer, has a farm behind his house.

“The 45-year-old businessman called the police when his herd of deer began making strange noises at the time. My men rushed to the scene and saw five people trying to break into the house,” he told reporters at the Tampin district police station.

He said three of the men lunged towards the cops and tried to attack them with machetes and the police had no option but to open fire. Two of the suspects were hit three times while the third was hit twice.

Osman said it was not known yet if the robbers were foreigners as they had no identification papers on them.

Preliminary investigations revealed that the men were involved in over 10 robberies in the past four months.

“The most recent was a robbery at a home in Felda Jelai in Gemas on June 11 where they fled with a loot worth more than RM30,000,” he said.

He said those with information on the case can contact investigating officer ASP Khairil Anuar Saidin at 06 4411 209,  06 443 1999 . - Star, 10/7/2010, Police shoots dead three robbers

Malaysian police shot dead 279...and another 147 died in police lock-ups [2000-2009]

279 persons shot and killed by Malaysian police in the 2000-2009 period. They call them all 'suspects' - but I am certain that many would have also been innocent persons (not even a suspect). Remember, all persons are presumed innocent until proven guilty. Everyone deserves the right to defend themselves, a fair and open trial, etc... but these 279 persons have been deprived of all these rights. After killing them, police normally say they are 'criminals' - and hence their names and their family names are tarnished. 

Were these incidents even investigated by an independent body? No - we do not yet have such a body in Malaysia. 2 Royal Commissions recommended the formation of such a body but the UMNO-led BN government is obviously not interested. The law gives the police the power to arrest - and to use necessary force if needed - but we will never know whether the police went in to kill - or to arrest, and that their use of force was justified. Normally, all gets shot dead - seldom do we hear of persons being shot and arrested. Hence, no witness to dispute the police version of events in most cases.. and no compensation paid by the police(or government) to the families and dependents of those who lost their lives. Why not?

...and another 147 died (or were they killed?) in police lock-ups during the 2000-2009 period.

The numbers are rather high - and good people of Malaysia need to be more concerned.

A total of 279 suspects have been shot dead by the police between 2000 and 2009, while 147 died in police lockup during the same period, revealed Home Minister Hishammuddin Hussein today.

The minister disclosed these figures in a written parliamentary reply to Teluk Intan parliamentarian M Manogaran.

Manogaran's question also demanded statistics for those injured during police shootings and custodial deaths at detention camps.

The minister's reply however did not address these two questions.

In another written parliamentary reply to Michael Jeyakumar Devaraj (PSM-Sungai Siput), Hishammuddin revealed that the police shot dead 82 suspects in 2008, and 88 in 2009.

He added that in those two years there was only one case of police injury in the shooting incidents. No police personnel were killed during the same period.

These figures came in the wake of public outcry over the fatal police shooting of teenager Aminulrasyid Amzah, which re-ignited allegations that the police were trigger happy.

Opposition lawmakers and human rights activists have also long decried the issue of custodial deaths, often occurring under suspicious circumstances.- Malaysiakini, 28/6/2010, 426 deaths at hands of the police since 2000