IPCMC is what we need to investigate police shooting of Aminulrasyid Amzah - Bar Council's recent statement

Press Release

Set up oversight mechanism without delay

The Malaysian Bar disagrees with the police allegation that lawyers acted unethically in organising the press conference held by the key witness to the police shooting of Aminulrasyid Amzah.

 

We believe that the press conference was a reaction to the police’s response to the incident, and is indicative of the family’s lack of confidence in the integrity and transparency of the police.  The press conference was deemed necessary and justified, in order for the witness to recount his side of the story publicly in this matter of public interest.  The lawyers’ role in it did not breach any of the Bar Council’s rules of professional conduct.

 

On the contrary, the Malaysian Bar criticises the impropriety of the police’s unprincipled action in labelling the deceased a “criminal”, and claiming that a parang was discovered in the car and that the police shot him in pure self-defence.  These unfounded and callous allegations have only served to divert public attention away from the circumstances surrounding the death, and to add to the anguish of Aminulrasyid Amzah’s family and friends.  The police appear to lay claim to having the sole right to issue statements regarding events that have transpired, and, as with previous fatal shootings, seem focused on directing the blame elsewhere instead of facing up to their role and culpability in the incident.

 

The Malaysian Bar is sceptical that the establishment of the eight-member panel, headed by Deputy Home Minister Datuk Abu Seman Yusop, would be sufficient and effective to uncover the truth regarding the police shooting.

 

An independent and credible external mechanism for oversight of the Polis DiRaja Malaysia (PDRM), namely the Independent Police Complaints and Misconduct Commission (IPCMC) envisaged by the Royal Commission on the Enhancement of the Management and Operations of the Police, is urgently needed to watch over the police force.  The establishment of an ad hoc panel each time there is an incident cannot be a substitute for an institutionalised, transparent and competent entity that is fully focused on police operations and policies alone.

 

The Malaysian Bar is disappointed that even the Government’s choice of setting up an Enforcement Agencies Integrity Commission (EAIC), as a watered-down substitute for the IPCMC, does not appear to have been implemented, although it has been 10 months since the EAIC Act was officially gazetted.  This is clear evidence of the Government’s lackadaisical attitude and lack of real political will in addressing the numerous complaints against, and concerns about, law enforcement agencies, the police in particular.

 

We believe that the public’s negative perceptions and the police’s defensive reactions could have been avoided, were the oversight mechanism already in place.

 

Ragunath Kesavan
President
Malaysian Bar

5 May 2010

Healthcare: Nurul and other 'wakil rakyat' must also use government clinics/hospitals to understand better the issues..

Nurul Izzah(and another) recently wrote an article on healthcare in Malaysia, and I was glad that more Malaysian people's representatives are getting interested in healthcare in Malaysia - and are campaigning for free universal quality healthcare for all.

Then, a closer look at the article reveals that the examples cited were of those that were using privatised healthcare in Malaysia... what about the majority of the poorer Malaysians that are users of the available public healthcare provided by the government. I believe  that they who paid the RM400,000 went to a private hospital not a government hospital where most Malaysians will go to... I am also sure that government hospitals have the capability to deal with breast cancer without the need to go overseas...(and if Malaysian government hospitals do not have the capacity - this is something that need to be looked into...)

Recently a friend's mother was diagnosed with advanced bowel cancer. In her mid-50s, with two children of college age, she was obviously desperate to put up a brave fight for as long as possible....Six months and RM 400,000 worth of treatment later she sadly lost her battle with the Big C, leaving a grief stricken family that had re-mortgaged the family home and were waist deep in debt. Although she had healthcare insurance, the insurance firm would only cover 70 percent of the costs, hence the need to dig deep into savings and release property equity to raise the additional funds, at considerable cost to her loved ones.

We need to guarantee that the next time a minister's wife develops breast cancer she is able to access the best up to date treatment on her doorstep without having to fly halfway round the world. Along with our mothers, sisters, wives and daughters.

It is is the rich and the upper-incomed group that normally have access to (and use)  the more expensive private healthcare. Why? Because sometimes it is a 'status symbol' - a perception that public healthcare is only for the poor and those that cannot afford private healthcare. There is also a belief that private healthcare is better than public healthcare that is provided for in the government clinics, hospitals, specialist hospitals, etc - and this is definitely wrong for government healthcare facilities provide equal...if not better healthcare. Private healthcare facilities sometimes get caught up with trying to charge the patient as much as it can ...and hence may subject patients to many different (sometimes unnecessary) tests...and medicines that cost more [or maybe just to medicines which the said medical institution may be getting a better deal from the pharmaceutical company supplying/manufacturing it].

I wonder whether Nurul Izzah...and many other ADUNs/MPs even had to resort to going to the government clinics/hospitals to get medical care...and that may be the problem...when we choose the rich and a certain class as people's representative. They just do not know what the majority of Malaysians are going through...and hence they cannot talk on behalf of the majority of Malaysians. Maybe these MPs/ADUNs should make it point to use government clinics/hospitals...public transport, etc... themselves so that they can better represent the Malaysian people...

What we need to focus on is public healthcare provided by the government clinics, hospitals and establishment. Private healthcare is a privilege accessible for the rich and those that can afford it...and these should not be a primary concern at the moment. In Thailand, there is a scheme that is in place that allows the ordinary citizen to get healthcare from private hospitals at the same nominal rate that they pay at government hospitals - this maybe something that we may have to look into.

Malaysian government is certainly not spending enough for healthcare .... There are not enough medical supplies, including medicines - and it is common now that patients are asked to return every month(or 2 weeks) to get supply of medicines. There are not enough money for maintenance...and even blood-testing equipments that break down takes some time to get repaired. To save money, doctors are no longer getting regular blood and other tests done, which was the norm before when tests were done annually (or regularly) depending on the tests - which is very important to monitor the general health of Malaysians - now, only tests that are 'really' required. The regular tests allowed for early detection - and faster treatment - but now no more after the recent budget cuts...

A lot of money is being wasted on submarines (why do we need submarines?), APCO, etc ---- all these are money that could be better used for healthcare...

Nurul does good in raising this issue (and writing this article)...and there is a need for more MPs/ADUNs to write articles on various matters that affect Malaysia and its people....and more importantly give concrete ideas/suggestions on how things could be better. It is also important for these MPs/ADUNs to have (or to get ) personal experience of using these government hospitals/clinics....I wonder whether Najib ever used a government clinic/hospital -- most times many politicians only visit ...but not really use these public facilities, hence they will never understand what the ordinary Malaysian has to go through...

It is frequently said that a true measure of society is how it treats its weak and poor. To this we would like to add that the true measure of a civilisation is how it cares for its sick and dying.

Recently a friend's mother was diagnosed with advanced bowel cancer. In her mid-50s, with two children of college age, she was obviously desperate to put up a brave fight for as long as possible.

Six months and RM 400,000 worth of treatment later she sadly lost her battle with the Big C, leaving a grief stricken family that had re-mortgaged the family home and were waist deep in debt. Although she had healthcare insurance, the insurance firm would only cover 70 percent of the costs, hence the need to dig deep into savings and release property equity to raise the additional funds, at considerable cost to her loved ones.

Cardiovascular disease, diabetes and stroke are already among the leading causes of mortality in Malaysia, in line with that of the rest of the developed world. Cancer diagnosis is on the rise and over the next 20 years it is projected that 1 in 3 to 1 in 4 of us will develop cancer.

Many of these diseases don't discriminate - at some point in the future either we ourselves or someone close to us will suffer from a potentially serious healthcare condition. How much will this cost us and how many of us will be unable to afford the treatment we need?

In recent years, Malaysia has witnessed the growth of the private sector share in our healthcare system. Whilst many private hospitals provide good standards of care, some are more concerned with profit margins.

Many of us will be familiar with stories of private hospitals performing unnecessary tests and additional treatments as a means of income generation. A friend's uncle tells the hilarious story of climbing a rambutan tree a few years back and falling off a branch, sustaining a mild concussion.

With a bit of a sore head he thought he'd better go and get checked out. Despite little in the way of additional signs and symptoms he was subjected to a MRI scan at a popular private hospital and an IV drip overnight although he was perfectly capable of eating and drinking.

The outcome? He was discharged the next day with a bill for RM5,000. On relaying his story to a doctor friend later on he was berated for having been taken for a ride, when a couple of Panadols and close observation would probably have sufficed.

Profiting from pain

When a close friend was recently accepted into an oncology training programme overseas, her father's friend, a respected surgeon, noted what a good career move she'd made. He congratulated her father on the fact that when she returned to Malaysia she could hope to make up to RM 70,000 a month as an oncologist in the private sector.

She was stunned and clearly dismayed by this proposition -in her mind, no one or no institution should ever be able to profit out of the pain and suffering of others. There is something fundamentally wrong with a system that puts profit and material gain before human life.

Some will argue that a private healthcare system should be allowed to develop and those that can afford it continue to pay, whilst those that can't can fall back on the government system.

We would argue that promoting a two tier healthcare system is dangerous both in terms of ensuring equitable access, maintaining healthcare standards, promoting research and development as well as the inevitable brain and talent drain that follows -as clinicians are drawn away from the government system towards the private sector.

Currently the private sector accounts for 23 percent of the country's hospital beds (12,000 beds per year). Around 40 percent of the country's doctors are employed within the private sector (9,000 doctors) with a doctor to patient ratio of 1 to 1.3. This is compared to a doctor to patient ratio of 1 to 3 in the public sector.

However with the move towards semi-privatisation and lack of a coherent social welfare system, even healthcare provisions within the government sector are not completely 'free'.

Neither are these provisions always affordable. A friend recalls undergoing cancer treatment at University Malaya Medical Centre (formerly known as University Hospital).

She was charged RM30 for her first round of chemotherapy. At the same time in the chemotherapy suite was another woman who was bemoaning the fact that she couldn't afford to have further treatment.

She unfortunately was now onto her second course of chemotherapy for cancer recurrence and this time round had to pay around RM3,000. Apparently this was part of the additional charges for successive chemotherapy sessions.

Ethical dilemmas

Also, doctors in the government sector often face tough ethical dilemmas. One senior doctor was seriously disillusioned by the fact that difficult cost-benefit calculations have to sometimes be made on behalf of patients. Some patients may be faced with the prospect of treatment that may buy them a further 18 months of life but leave their family with RM 20,000 worth of debt.

For many of us, ANY additional time spent with a loved one would be considered immeasurably precious. However for a family existing on RM1,000 a month this could spell financial ruin. In many instances, doctors in the government service heroically choose to turn a blind eye and continue to treat patients regardless of their ability to pay. Many of them however find themselves on the sharp end of rebukes from finance departments and hospital managers.

So what is it that Malaysians need and what is it that they deserve?

We would argue that instead of wasting taxpayers money through superfluous vanity projects and outrageous spending, (the purported RM77 million splurged on the US-based Apco Worldwide consulting firm just to revamp the new Prime Minister's image being a prime example), the Malaysian government should in fact be focusing on providing a world class healthcare system that is free to all at the point of delivery.

And by that, we don't simply mean a few token clinics hastily scrambled together devoid of properly qualified medical officers.

Malaysians are more than capable of leading cutting edge research and providing world class healthcare services that saves lives -the fact that there are many Malaysians in top consultant/research/public health posts abroad in the UK, US, Singapore, Canada and Australia is testimony to that.

Comprehensive plan required

We need to come up with a plan for comprehensive healthcare coverage that ensures we get the treatment we need when we need it, regardless of our ability to pay. We need a comprehensive overhaul of our public health policies that make diabetes, heart disease, stroke and cancer diagnosis and treatment top on our list of priorities.

We need to guarantee that the next time a minister's wife develops breast cancer she is able to access the best up to date treatment on her doorstep without having to fly halfway round the world. Along with our mothers, sisters, wives and daughters.

Breast cancer is, after all, hardly a rare disease. We need to pay our doctors a fair wage and reward initiative, innovation and hard work, so that we retain the talent we need to build a world-class health system within the public sector.

We need to invest more money in healthcare- last year the government spent only three percent of our gross domestic product (GDP) on healthcare (and only half of this-1.5 percent was spent in the public sector).

During the recent economic downturn, public healthcare expenditure was among the first to be slashed by a staggering 30 percent. 

It is bad enough that existing levels of expenditure for healthcare fall short of the World Health Organisation recommended level of five percent and that of China and India who over the last seven years have consistently spent over five percent of their GDP on healthcare.

Most importantly we need to remind ourselves that many illnesses, including cancer, do not discriminate, and when you're ill and vulnerable all the money and material wealth in world may fail to make things better.

More than skyscrapers, shopping malls and multi-million dollar vanity projects we need a robust healthcare system that serves the people and can be trusted and relied upon to care for us when we are at our most vulnerable.

NURUL IZZAH ANWAR is Lembah Pantai member of parliament and YOLANDA AUGUSTIN is a Malaysian doctor training in the United Kingdom.- Malaysiakini, 5/5/2010, Nation's healthcare system ill, needs attention

We need a open public inquiry...a new panel..to get to the truth about Aminulrasyid Amzah

It is OK for the police to give their version about 'shoot to kill' incidents - whereby they normally paint a very bad picture about the DEAD victims, which makes one wonder how they did manage investigate into the backgrounds of the said victims so soon after the killings. It makes one wonder whether the whole killing was pre-planned...and that the police preferred to just kill rather than arrest, charge and try the suspect. If 'bad' persons have been identified by the police, I am sure that there are ways of arresting them without having to shoot them dead.

When other witnesses comes forward and give a different version.... they get very angry. 

The 15-year-old schoolboy, said to be the main witness in the shooting of his schoolmate Aminulrasyid Amzah, was at a press conference on Monday where he revealed the events leading to the incident.

Inspector-General of Police Tan Sri Musa Hassan said what Azamuddin did was not right.

Musa declined to comment on what Azamuddin revealed to reporters but said the schoolboy would have to tell the truth in court later.

"If the trial is to be conducted through the media, then my officers can also give their statements to the media," said the IGP after handing congratulatory letters to police civilian staff in conjunction with the 203rd Police Day celebrations in Bukit Aman yesterday.- New Straits Times, 5/5/2010, Boy's press statements irk IGP

In Malaysia, I believe that witnesses have every right to reveal what they say to the press. Just telling the police, and keeping silent thereafter may only result in the truth being 'covered up'...more so when the perpetrators (or the killers) were police. Will it jeopardize any future trial - not really, because we do not have anymore trials by jury, where the concern then was that the lay people in the jury may have been influenced by media reports. Judges are supposed to be more professional, and will not be so influenced by media reports.

The credibility of the Malaysian police has been eroding over the years. People in Malaysia believes little what our Malaysian police tells them. As an example, remember the assault on Anwar Ibrahim by the police during his detention which resulted in that infamous black-eye. The police and the authorities not only denied causing it...but also tried to put forward other versions (not seen to be lies) as to how Anwar got his 'black-eye'...but in that case the victim was alive and had the ability to dispute the lies and reveal the truth. In shoot to kill incidents, the victims are dead and have no longer the capacity to reveal the truth when police lies...and that is why we really need a special procedure in law, which provides for an open public inquiry by an independent judge(or panel) who will strive to find the truth, and thereafter have the courage to reveal the truth...

In the case of Aminulrasyid Amzah, the government is doing some inquiring....and a special panel was set up, but their too speedy conclusion about police investigations may have just destroyed their credibility... We need a new panel/commission...who will investigate thoroughly and have open inquiries before coming to any conclusions...

Panel chairman Datuk Abu Seman Yusop said:“We concluded that police investigations into the case have been transparent and fair.” - New Straits Times, 5/5/2010, No need for Royal Commission, Panel satisfied with police probe into shooting of schoolboy

There is much concern about this 'shoot to kill' incident - what about doing the same for the rest of the 'shoot to kill' incidents over at least the past 6 years....

Some Relevant News Reports:-

New Straits Times, 4/5/2010, Witness breaks silence:'Cops kept shooting as Aminul lay dead'

SHAH ALAM: The schoolboy, said to be the main witness in the fatal shooting of Aminulrasyid Amzah, claimed that police fired at their moving car for about 400 metres until it crashed into a wall.

Azamuddin Omar giving his version of the shooting incident at a press conference in Shah Alam yesterday. — NST picture by Roslin Mat Tahir

Azamuddin Omar said police had opened fire on their car from a Caltex petrol station near Jalan Tarian in Section 11 until they were on Jalan 11/2G, which was about 200 metres away from Aminulrasyid's house.

"Aminul suddenly slumped on my lap, bleeding from the head. His foot was still on the accelerator and the car kept moving until it crashed into the retaining wall of a house."

Following the incident which occurred last Monday, police had said that they opened fire after the driver tried to reverse the car into a group of policeman.

But yesterday, Azamuddin, the 15-year-old son of a policeman attached to the Shah Alam district police headquarters, did not make any mention of them trying to reverse the car in a bid to escape.

The boy turned up at the press conference held at Aminulrasyid's family home, after school, accompanied by school authorities.

Sounding nervous, Azamuddin claimed police kept shooting as Aminulrasyid lay dead on his lap.

"After the car crashed into the wall, I managed to get out but a policeman started beating me up. He was joined by several others. I then managed to run into the darkness," said the Form Three student of SMK Section 9, Shah Alam.

The boy said he ran through some bushes and passed a school before getting home.

He then showed reporters the bruises on his arm which he claimed were the result of being roughed up by the policemen.

Relating what had occurred earlier that night, Azamuddin said Aminulrasyid picked him up about midnight.

"He also called two other friends but they called back later and said their motorcycle had a puncture near a restaurant in Section 7.

"We went to meet them and as we were leaving, Aminul grazed a car," he said, adding he could not remember the make of the car or the registration number.

He then said five motorcyclists started chasing their car. Aminulrasyid panicked and was adamant in getting back home quickly.

As the chase neared the Kayangan roundabout, one of the motorcyclists collided with Aminulrasyid's car, throwing the rider off the machine.

"Aminul was really scared. He did not want any problems as he was driving his sister's car. He just wanted to go home," he said, adding that by that time, the police were also involved in the chase.

As their car approached a Caltex petrol station near Jalan Tarian, police began firing at the car, shooting out the tyres.

"Then Aminul was shot."

The boy then took about three questions from reporters before he was led away by family members and lawyers.

They claimed that the boy was still traumatised and produced a doctor's letter to verify this.

Throughout the press conference, however, Azamuddin did not mention the parang which police had earlier claimed they had found in the victim's car.

Aminulrasyid was killed by a single bullet to the back of his head during the chase. Unconfirmed reports suggested that almost 20 shots were fired at the car.

Four policemen are being investigated in the case which has been classified as murder. - New Straits Times, 4/5/2010, Witness breaks silence:'Cops kept shooting as Aminul lay dead'

How long ago was this panel set up? When did they start working? About 1 week or less...Was there any public notice requesting witnesses to come forward and meet the panel? Did the panel talk to all the witnesses? But alas...they seem to have already made conclusions (Note: NST report about setting up of panel was on 28/4/2010 -  Special panel to look into fatal shooting of schoolboy)

New Straits Times, 5/5/2010, No need for Royal Commission, Panel satisfied with police probe into shooting of schoolboy

PUTRAJAYA: Police investigations into the shooting of 15-year-old student Aminulrasyid Amzah have been fair and transparent.

Members of the panel visiting the restaurant where Aminulrasyid Amzah had watched a football match before he was fatally shot by the police on April 26. - NST picture by T.H. Goh

This was the finding of the eight-member special panel who interviewed the investigation officer and several police officers.The panel held its first meeting at the Home Ministry yesterday.

After the three-hour meeting, the panel expressed satisfaction with the way the investigations were progressing.

Panel chairman Datuk Abu Seman Yusop said:“We concluded that police investigations into the case have been transparent and fair.”

Abu Seman, who is deputy home minister, said the panel could interview parties concerned at any time.

“We are also empowered to request the investigation papers from the police,” he said, adding that the scope of the panel went beyond ensuring a fair investigation into the case.


The panel will review the standard operating procedures on the discharging of firearms and the training module for policemen.

Abu Seman said as stated in the panel’s terms of reference, it would also monitor the investigations to ensure that justice was done and there were no delays.

The others in the panel are:
* Former inspector-general of police Tun Mohammed Hanif Omar;
* Home Ministry deputy secretary-general Datuk Ahmad Fuad Abdul
Aziz;
* Social activist Datuk Dr Denison Jayasooria,who was a member of the
Independent Police Complaints and Misconduct Commission;
* Asian Strategy and Leadership Institute chief executive officer Datuk Dr Michael Yeoh;
* Lawyer Datuk Seri Muhammad Shafee Abdullah.
* Crime analyst and Malaysian Crime Prevention Foundation exco-member Kamal Affandi; and
* Universiti Teknologi Mara deputy vice-chancellor Prof Abdul Halim Sidek.

Last night, they visited the entire scene starting in Section 7, Shah Alam, and finishing in Section 11, which took about two hours.



They also spoke to the house owner into whose perimeter wall Aminulrasyid had crashed..

Wan Rahim Tajuddin, 54, told the panel that the police had not recorded his statement. He then told them his version of what happened.

Later, Abu Seman said the purpose of the visit to the crime scene was to give a better understanding what had happened.

He added that it was still too early to draw any conclusion and declined to set a time frame when their report would be ready.

On reviewing the IGP's standing orders on the discharging of firearms, Abu Seman said the panel would make recommendations to the Home Ministry if the need arose.

The panel was formed by the ministry after a public outcry following the shooting of Form Three student Aminulrasyid during a police car chase in Shah Alam last Monday.

Abu Seman said the panel would ensure fairness to the parties concerned, namely Aminulrasyid's family and the police.

Asked on calls for the disbanding of the panel and for it to be replaced with a Royal Commission of Inquiry, Abu Seman said the panel was formed to ensure transparency and fairness in the investigations.

"There is no vested interest here," he said, adding there was no need for a Royal Commission at this stage.

The panel will submit its findings to the Home Ministry.

Abu Seman urged those who witnessed the incident to help police in the probe.

Aminulrasyid was shot by police early on April 26 after he refused to stop his car despite being ordered to do so by police.

The student of SMK Section 9 in Shah Alam was killed by a shot to the back of his head. He was driving his sister's Proton Iswara.

With him was his schoolmate, Azamuddin Omar, 15, who escaped after the shooting.

In a news conference on Monday, Azamuddin said police had fired several shots at their car.

The policeman's son said Aminulrasyid did not stop as he was driving his sister's car and was scared of the repercussions.

Azamuddin also said that after Aminulrasyid was shot, the boy slumped onto his lap, but his foot remained on the accelerator.

The car crashed into the perimeter wall of a house on Jalan 11/2G, 200m from Aminulrasyid's house.

Deputy Home Minister Datuk Abu Seman Yusop (fourth from left) at a press conference after chairing the first meeting of the independent panel formed to probe the fatal shooting of Aminulrasyid Amzah. With him are panel members (from left) crime analyst and Malaysia Crime Prevention Foundation exco member Kamal Affandi, social activist and member of the Independent Police Complaints and Misconduct Commission Datuk Dr Denison Jayasooria, lawyer Datuk Seri Muhammad Shafee Abdullah, former inspector-general of police Tun Mohammed Hanif Omar, Asean Strategy and Leadership Institute chief executive officer Datuk Dr Michael Yeoh, Universiti Teknologi Mara deputy vice-chancellor Prof Abdul Halim Sidek and ministry deputy secretary-general Datuk Ahmad Fuad Abd Aziz. The panel visited the scene of the shooting incident yesterday.

And, the report about the angry police because.....

New Straits Times, 5/5/2010, Boy's press statements irk IGP

KUALA LUMPUR: There is a debate raging whether it was ethical for witness Azamuddin Omar to reveal details of the shooting to the media.

The 15-year-old schoolboy, said to be the main witness in the shooting of his schoolmate Aminulrasyid Amzah, was at a press conference on Monday where he revealed the events leading to the incident.

Inspector-General of Police Tan Sri Musa Hassan said what Azamuddin did was not right.

Musa declined to comment on what Azamuddin revealed to reporters but said the schoolboy would have to tell the truth in court later.

"If the trial is to be conducted through the media, then my officers can also give their statements to the media," said the IGP after handing congratulatory letters to police civilian staff in conjunction with the 203rd Police Day celebrations in Bukit Aman yesterday.

Selangor police chief Datuk Khalid Abu Bakar Ismail, however, was more direct, accusing the family's lawyers of being behind the press conference.

Khalid had said that it was totally unethical for the boy to reveal evidence and urged the parties concerned not to turn the incident into a trial by media.

In Shah Alam later yesterday, lawyer Karpal Singh who is representing Aminulrasyid's family, claimed Azamuddin did not commit an offence by speaking to the media as he was merely giving his side of the story.

Karpal said Khalid's claims that it was tampering with evidence was not true as they were instead getting evidence.

"If the IGP can defend his men, can't we respond by giving our side. It's not a trial by media as claimed by Khalid."

He said it was wrong for the police to publicly defend the officers involved in the case.

Karpal spent about 30 minutes visiting the scene of the incident yesterday afternoon.

Azamuddin was also there to explain the sequence of events.

The lawyer added that he would request for copies of Azamuddin's statement to the police.New Straits Times, 5/5/2010, Boy's press statements irk IGP

Police's duty to arrest - not kill. Judicial Inquiry Needed for all police 'shoot to kill' incidents

Another police 'shoot-to-kill' incident....and this time a young Malaysian is the victim...

The law does not authorize the police to kill persons....remember that the police only has the power to arrests suspects, and in effecting these arrests, the police is permitted to use "...all means necessary to effect the arrest." . The main purpose is to arrest....not kill.

15.  Arrest, how made.

(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested unless there is a submission to the custody by word or action.

(2) If such person forcibly resist the endeavour to arrest him or attempt to evade the arrest such officer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. - section 15, Malaysian Criminal Procedure Code (Act 593)

Recent Posts:-Protest in Jakarta over Malaysian police 'shoot-to-kill' case - 3 persons killed

Malaysian Bar Council

____________________________________

Press Release

Teenager's death by police shooting is unacceptable! 

The Malaysian Bar is appalled that the police have shot and killed a teenager during a police operation.  Also troubling is the polices intolerable and offensive diversion of labelling him a criminal, which is geared at fending off blame, and is grossly unfair to his family and wholly irrelevant to the cause of death.


The excessive number of deaths by police shootings cements, in the public mind, the perception that law enforcement officers are either negligent or reckless in the performance of their duties.  Nothing less than an immediate, thorough, impartial and transparent investigation that includes a holistic and inclusive examination of all the relevant facts will assuage the publics concern regarding the integrity and credibility of the police force.


We are heartened that the authorities have reportedly classified the case as one of murder, and that the Deputy Home Minister will head a special panel to investigate the incident.  However, the Malaysian Bar reiterates its call for the powers of inquiry under Section 328 of the Criminal Procedure Code (CPC) to be invoked, and for an inquest to be carried out each time there is a fatality in the course of police operations, regardless of the circumstances.  It is in the public interest that the circumstances and cause of each such death be established by judicial inquiry and the application of judicial standards.


The police, and the Government, must take urgent action to ensure that justice is done and that stern measures are taken against any officer guilty of misconduct.  This matter must be given due priority in order to immediately redress any impunity or abuse of police power.


Our heartfelt condolences go out to Aminulrasyid Amzahs family and friends.

Ragunath Kesavan
President
Malaysian Bar


28 April 2010

AMNESTY INTERNATIONAL MALAYSIA

Press Statement

28 April 2010

                                                                                                                For Immediate Release

Public Confidence in Police Force must be Instilled

                            

Amnesty International Malaysia (AIM) regrets the actions taken by the 4 Royal Malaysian Policemen in the recent shooting incident that took place on 26 April 2010 which resulted in the death of Aminulrasyid Amzah, a 15 year old school boy. The car driven by Aminul, according to news report, came to a stop when it crashed into a tree and a concrete wall, and the policemen had opened fire, killing the victim.

AIM emphasizes that the police force have the responsibility to abide by international standards for law enforcements officials, set out in UN Code of Conducts for Law Enforcement Official and UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

Article 3 of UN Code of Conduct for Law Enforcement Official stipulates that law enforcement officials may use force only when strictly necessary.

Article 5 of Basic Principles on the Use of Force and Firearms by Law Enforcement Officials states that whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall: 

a) exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved, 

b) minimize damage and injury, and respect and preserve human life, and

c) ensure assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment.

The death of Aminul could have been avoided if these rules were complied. The Royal Malaysian Police must now regain the confidence of the public. AIM strongly urges for a transparent investigation process on this case. The policemen and the force need to be accountable for these actions. According to the UN Code, a transparent and an independent oversight mechanism should be developed consistent with international human rights standards, and to be democratically accountable to a democratic authority and the community at large. AIM hopes that the UN Code will be adhered to in the investigation process.

The fundamental right to life as enshrined in UDHR and Federal Constitution must always be upheld. The Royal Malaysian Police and Malaysian government must now take steps to observe the UN recommendations to a development of non-lethal incapacitated weapons for use in appropriate situations, with a view to restraint application of means, capable of causing death or injury to persons.  

Nora Murat

Executive Director


--
Nora Murat
Executive Director
Amnesty International Malaysia


Tel: 603 7955 2680
Fax: 603 7955 2682
www.aimalaysia. org

SUARAM

大马人民之声

SUARA RAKYAT MALAYSIA

Address:  433A, Jalan 5/46, Gasing Indah, 46000 Petaling Jaya, Selangor, Malaysia.

Telephone: +6 03 7784 3525                                Fax: +6 03 7784 3526

Email: suaram@suaram. net                                Web: www.suaram.net

Kenyataan Media: 28 April 2010

Kini Remaja ditembak mati oleh Polis:

Segera Jalankan penyiasatan secara terbuka!

SUARAM mengutuk keras dan kecewa terhadap tindakan Polis Diraja Malaysia (PDRM) yang menembak mati  individu-individu tidak kira warga Malaysia ataupun warga asing  dengan lebih kerap. Pada 16 April 2010, SUARAM telah mengeluarkan kenyataan akhbar berkaitan penembakan mati oleh PDRM terhadap dua orang warga Malaysia bernama R. Logeswaran (38) dan Satchithananthan (25) serta tiga orang warga Indonesia yang bernama Abdul Sanu, Musdi dan Muhlis¹. Kini terdapat satu lagi kes tembak mati oleh pihak Polis. Kali ini mangsanya adalah remaja yang  bernama Aminulrasyid yang berumur 15 tahun. Mangsa ditembak mati oleh pihak Polis   disyaki  terlibat dalam  satu kes jenayah yang dikatakan brlaku pada 26 April 2010 di Seksyen 11, Shah Alam .

SUARAM memandang serius terhadap semua kes tembak mati yang dilakukan oleh Polis selama ini . Kami ingin menekankan bahawa menembak mati seseorang dengan sewenang-wenangnya tanpa memberikan peluang untuk membela diri dan tanpa alasan yang kukuh adalah merupakan satu pencabulan hak asasi yang serius. Kami inginkan maklum balas segera dari pihak Polis apakah perlunya pihak polis menggunakan senjata terhadap seorang remaja yang berusia 15 tahun? Apakah profil jenayah yang boleh dimiliki oleh seorang remaja yang hanya berumur 15 tahun?

SUARAM sebuah organisasi Hak Asasi Manusia berpendapat penggunaan senjata dan tidak memberikan hak untuk  Aminulrasyid  membela diri adalah salah dari segi undang-undang  Hak Asasi dan ianya melanggari kebanyakan article dalam  Konvensyen Antarabangsa Perlindungan Kanak-Kanak (CRC) terutamanya  Artikel 16 (1)&(11) dan Artikel 37 yang memberi perlindiungan terhadap kanak-kanak bawah undang undang dan terlindung dari sebarang hukuman yang tidak berperikemanusiaan ataupun penangkapan tanpa bicara.

SUARAM memahami tanggjungawab pihak Polis untuk mencegah kegiatan jenayah di Malaysia, namun ianya tidak sesekali boleh memberikan ruang untuk pihak Polis untuk menangkap sebarang individu dan yang penting menggunakan senjata dengan sewenang-wenangnya keatas sesiapa pun dalam sebarang operasi untuk menahan penjenayah. Malah SUARAM  sebagai sebuah badan Hak Asasi juga agak risau dengan peningkatan angka  penggunaan senjata oleh pihak Polis sejak kebelakangan ini. Ini dapat dilihat apabila Kementerian Dalam Negeri menyiarkan dalam satu Kenyataan Akhbar di parlimen pada 18 Mac 2010, yang menyatakan bahawa jumlah kes tembak mati oleh polis adalah seramai 183 orang dari tahun 2007 hingga 2009.

SUARAM berpandangan kejadian kes-kes polis menembak mati suspek berlaku secara luas adalah disebabkan oleh kerana tiadanya mekanisme yang telus dan jelas tentang penggunaan senjata api oleh Polis. Malah apa yang lebih mengecewakan adalah dokumen panduan dalam menggunakan senjata api di Malaysia tidak dapat dirujuk oleh orang awam.²  Ini dengan jelas membuktikan bahawa penggunaan senjata api oleh polis tidak diimbangi oleh pemeriksaan awam dan sekaligus menyebabkan tahap akauntabiliti yang amat rendah di dalam institusi polis.

Memandangkan Kerajaan Malaysia berminat untuk bertanding untuk menjadi ahli Majlis Hak  Asasi Manusia, Pertubuhan Bangsa-bangsa Bersatu (PBB) bagi 2010-2013, adalah wajib bagi kerajaan untuk mengambil langkah untuk memastikan masalah-masalah mengenai hak asasi manusia ditangani berdasarkan prinsip-prinsip dan undang-undang antarabangsa.

Penembakan mati terhadap seseorang tanpa sebarang perbicaraan atau secara sewenang-wenangnya adalah dianggap sebagai kes pembunuhan yang serius. SUARAM menggesa kerajaan untuk membawa empat orang pengawai polis yang terlibat dalam kejadian ini ke muka pengadilan dan dibicarakan di makahmah untuk menegakkan keadilan terhadap mangsa dan keluarga mangsa.  

SUARAM menuntut agar pihak Kerajaan melaksanakan cadangan-cadangan yang dikemukakan oleh Suruhanjaya Diraja Penambahbaikan Perjalanan dan Pengurusan Polis Diraja Malaysia terutama nya menubuhkan Suruhanjaya Bebas Pengaduan dan Salah Laku Polis (IPCMC) dengan segera. Sekiranya langkah-langkah ini tidak diambil dengan segera, maka semua rakyat Malaysia  akan menjadi mangsa penyalahgunaan pihak Polis dan ini  sekaligus akan menunjukkan imej yang buruk terhadap Kerajaan Malaysia yang gagal memantau institusi kerajaan yang amat penting dalam sistem Pentadbiran negara.

Yap Heng Lung

Penyelaras  SUARAM

____________ _________ _________ _________ _________ _________ _________ ________

¹  [Kenyataan Media: 16 April 2010/Tajuk:Lagi kematian disebabkan ditembak polis:Tiada akauntabiliti di dalam pencabulan hak dan pelanggaran prinsip antarabangsa]

² [Are the police shooting to kill?]/ http://www.thenutgr aph.com/are- the-police- shooting- to-kill

³[Bab10: Memastikan Sistem Kepolisian Mematuhi Undang-undang yang Termaktub Dan Kewajipan   Hak Asasi manusia]/pg333/ Laporan Suruhanjaya Diraja Penambahbaikan Perjalanan dan pengurusan Polis Diraja Malaysia/2005

大马人民之声

SUARA RAKYAT MALAYSIA

Address:  433A, Jalan 5/46, Gasing Indah, 46000 Petaling Jaya, Selangor, Malaysia.

Telephone: +6 03 7784 3525                                Fax: +6 03 7784 3526

Email: suaram@suaram. net                                Web: www.suaram.net

致新闻总编辑：       

                                                 

                                                    文告：2010年4月28日

     青少年被警射死：涉案警员应被提控上庭并速成立警务投诉委员会！

大马人 民之声严厉谴责大马皇家警队近日连续开枪射死案件。人民之声于2010年4月16日曾发表文告关于两民印裔同胞（R. Logeswaran ，38岁与Satchithananthan ，25岁)与3名印尼外劳（Abdul Sanu, Musdi 和 Muhlis¹）遭警方开枪射死案后¹，不超过两个星期又发生了一名15岁少年阿 密努拉希（Aminulrasyid Amzah）在4月26日于莎亚南11区驾车遭警方从车后方开枪射毙案件。

人民之声要求警方对于这宗少年射死案件作出全面性的解释，并说明 少年阿密努拉希曾经所涉及的罪案。我 们非常不能接受警方以开四枪自保免遭撞击的原因来对此案件做结论，更何况当事者是名年全15岁的青少年。警方时常以自保来回应枪杀案，但事 实上很多当场的嫌疑者性命却不受保，最后惨被射死。

人民之声认为缺乏透明与明确的机制来管制警队的枪械使用法是导致 射杀案逐渐增加的原因。此外，社会不被允许参考警队的枪械使用法也是让公众大失所望²。这足以导致警队的枪械使用法不被公民社会机制所监督与衡量， 并导致社会对警队的信心大大减低。

除此以外，人民之声呼吁有意竞选2010至2013年联合国人权事务高级专员办事处成员的政府马上负起责任捍卫人 权，解决一切人权遭迫害的课题，并着重于执法部队尤其警队贯彻人权意识，并在执行过程覆行人道主义。

少年阿 密努拉希被警方射死是件极为严重的课题，此案不只侵犯了基本人权以外，更使曾签署联合国儿童权利公约的政府遭受重重地打击。根据联合国儿童权利公约第3与第6条文显示，政府需覆行责任与采取积极行动确保儿童居住的环境安全与保护儿童生存的权利。

根据联合国国际枪械军火公约《Code of Conduct for Law Enforcement Officials》显示：只有处于极度危险并极大可能威胁本身性命的情况下方可使用 枪械自卫….执法单位在使用枪械之前需给予清楚的警告与足够的时间予对方。此外，国家刑事程序法典《Criminal Procedure Code (Act 593)》第15（3）条文也注明 了警方不能在拘捕时把不是被判死刑或终身监禁的被逮捕者致死。虽然如此，根据内政部在今年3月18日的国会解答中说明了从2007年至2009年共有183名人士遭 警队枪杀。

蓄意或未经确定嫌疑者身份就射杀对方是件严重的谋杀案件。人民之声要求政府把涉 案的四名警员带上法庭审讯，并确保此事件不再发生，以捍卫社会公民的基本生存权。

根据2005年皇家 调查委员会报告书中显示大马皇家警队的滥权事件与频频侵犯人权的课题是警队面临最考验的事项³。 因此，人民之声呼吁政府落实皇家调查委员会报告书中的125项建议，并马上成立监督警察滥权委员会《IPCMC》

叶兴隆

大马人民之声协调员

Will PR State Sultans start commuting death sentences to prison terms? Abolish Death Penalty

Pardons are given by Sultans....and that is why we are looking at the Pakatan Rakyat states to start the ball rolling by at least commuting death penalties to imprisonment sentences...

PETALING JAYA: The Govern­ment should abolish the death sentence, said former Suhakam commissioner Datuk N. Siva Subramaniam.

“I feel rather disturbed that there are about 100 people on death row, some for many years,” he said.

He said he was not saying that the pardon system was not working, but that it was “rather slow”.

Siva was one of panellists at the “Human Rights in Malaysia under the New Economic Model” forum held at Universiti Tunku Abdul Rahman (Utar) here yesterday.

“Waiting for the death sentence to be carried out is a bigger punishment than when the judge passes the sentence,” he said.

On another matter, Siva said the people born in this country should be given proper documentation to take over jobs held by foreign workers.

“The Government must speed up the process of giving birth certificates and identification cards to those born here.

“This issue should not be raised only during elections,” he said in reference to the matter being raised in the Hulu Selangor by-election campaign.

Other panellists were Serdang MP Teo Nie Ching and Wong Nai Chee from the MCA National Youth Bureau. The forum, moderated by Utar Centre of International Studies chairman Dr Stephen Leong, was organised by the university’s Centre for Social Change and Trends. - Star, 27/4/2010, Siva: It’s time to abolish death sentence

APCET: When the court rules in favour of the people, the government just cannot accept it

Apcet II case: Gov't files to reverse judgement

Regina Lee
Apr 26, 10
11:03am

 

The government will be filing to reverse the Kuala Lumpur High Court judgment which ordered it to pay RM30,000 each to 29 human rights activists and journalists.

This comes just five months after the court ruled in favour of the 29 in a civil suit where they accused the police of wrongfully detaining them, following Umno Youth's disruption of the Apcet II civil society gathering in Kuala Lumpur more than a decade ago.

The letter by the Attorney-General's chambers obtained by Malaysiakini, said that judge Wan Ahmad Muhamad was erroneous in the law and the facts of the case when he decided that the defendants acted illegally in detaining the plaintiffs.

"The judge was also erroneous when he awarded the plaintiffs RM30,000 each and with an annual interest of eight percent from the date the case was filed until judgement.

"The judge was erroneous when he decided that the defendants should bear the cost of legal proceedings for the plaintiffs," the letter said.

Long trial

The judgement on Dec 22 last year, ordered the government to pay a total of RM870,000 in general damages.

The local activists and journalists had initially filed a RM87 million suit against the government two years after the incident.

The suit was filed against the government after the group's "wrongful detention" at the Second Asia Pacific Conference on East Timor (Apcet II) on Nov 9, 1996.

The international conference was organised to discuss human rights abuses in East Timor and its struggle for independence from Indonesia.

Held at the Asia Hotel in Kuala Lumpur, the function turned unruly when a mob led by Umno Youth stormed the venue and harassed the 100 participants.

About 400 members of the Umno Youth-led Barisan Bertindak Rakyat Malaysia (BBRM), or Malaysia's People's Action Front, charged in and disrupted the meeting as it was about to begin.

They broke down the conference hall doors, flung chairs and verbally and physically abused the participants.

Police then moved in to arrest the participants, who were detained for between one and six days, while 40 foreign participants were deported.

A total of 36 activists and journalists originally filed the law suit. However, four withdrew, one passed away and two did not appear to provide testimony during the trial.

Among the high-profile plaintiffs are:

1) Former PRM secretary-general Sanusi Othman
2) PKR deputy president and senator Syed Husin Ali (right)
3) Batu parliamentarian Tian Chua
4) Malaysiakini chief executive officer Premesh Chandran
5) Malaysiakini editor-in-chief Steven Gan
6) Malaysian Trade Union Congress president Syed Shahir Syed Mohamad.

Others include Subang MP R Sivarasa, Parti Sosialis Malaysia president Dr Nasir Hashim and former New Era College principal Kua Kia Soong.

The defendants are former Kuala Lumpur police chief Ismail Che' Ros, former Dang Wangi OCPD Zainal Abidin Ali, investigations officer chief inspector Tengku Hamzah Tengku Abdullah, the Inspector General of Police and the Malaysian government.

The trial also heard shocking testimonies by the Umno youth secretary then, Saifuddin Nasution Ismail, who said that he the then deputy home minister, the late Megat Junid Megat Ayob, had ordered for him to disrupt the proceedings a full month before the function was held.

Saifuddin is now PKR strategy director and has since issued a public apology over his role.- Malaysiakini, 26/4/2010, Apcet II case: Gov't files to reverse judgement

Protest in Jakarta over Malaysian police 'shoot-to-kill' case - 3 persons killed

Nobody deserve to be shot dead by the police ....who later claims that the dead were robbers, killers, criminals,.... but then the defamed dead have no means of defending themselves.

For years, Malaysians have called for an end of this 'shoot to kill' attitude and action by the Malaysian police - and sadly I have not seen a report about any Minister or police chief have come out and even said that the duty of the police is to arrest suspects...and they should try their very best to avoid killing suspects ..

There is also still no public inquiries about police shoot-to-kill incidents. In these inquiries, the police must justify their actions that resulted in death of persons...

TEMPO Interactive, Jakarta: Indonesian migrant worker group Migrant Care staged a protest outside the Malaysian Embassy in Jakarta on Friday demanding the Malaysian government to responsible for the shootings of three Indonesian nationals last month accused of commiting robery.

Director Executive of Migrant Care Anis Hidayah told the crowd outside the Malaysian Embassy that the group will bring the matter to UN Human Rights Council, and other pressure group like Amnesty Internasional and Human Rights Watch, to force the Malaysian government to investigate the case as no measure taken by the Malaysian to investigate the case after 40 days since the murder took place.

The Malaysian Embassy invited Anis Hidayah for a talk on condition that protesters furl down a banner printed with “Malaysia, murderer of Indonesian migrant workers”.
Anis dismissed the request prompting Indonesian Police took the banner down.

According migrant care three indonesian workers kiled last month and autopsy results suggested that the three men were killed by short-range shots.TEMPO Interactive, 23/4/2010,Indonesian Worker Group Protest Three Deaths in Malaysia

Jakarta -- Lembaga swadaya masyarakat yang menangani isu buruh migran, Migrant Care, memprotes penembakan tiga tenaga kerja Indonesia di Malaysia dengan melakukan demonstrasi di depan Kedutaan Besar Malaysia di Jakarta kemarin. "Tidak ada tanggapan apa pun dari Kedutaan Besar Malaysia, bahkan ucapan dukacita ke keluarga korban. Ini jadi tradisi buruk pemerintah Malaysia, yang tidak pernah merasa bersalah atas kematian buruh migran," kata Direktur Eksekutif Migrant Care Anis Hidayah yang ditemui di sela aksi kemarin. 

Demonstrasi ini berkaitan dengan penembakan tiga buruh migran, Abdul Sanu, Musdi, dan Muchlis, di kawasan Danau Kota Putri, Kuala Selangor, 16 Maret lalu. Menurut Anis, hingga kini Kepolisian Malaysia dinilai tidak menunjukkan upaya untuk membuka tabir kematian ketiganya. 

Kepolisian Malaysia, kata Anis, kerap tak menggunakan asas praduga tak bersalah, terutama pada buruh migran Indonesia. Hasil otopsi sementara atas kasus ini, kata dia, terindikasi bahwa ketiga korban ditembak dalam jarak dekat. 

Dalam aksinya, Migrant Care memasang spanduk bertulisan "Malaysia Pembunuh Buruh Migran Indonesia", meski akhirnya spanduk itu diturunkan oleh polisi. Anis juga diajak berdialog oleh Duta Besar asalkan spanduk itu diturunkan. Migrant Care menolak syarat itu karena dianggap melanggar kebebasannya berpendapat. "Kami kan aksi di halaman kedutaan yang masih milik Indonesia," ujarnya. 

Duta Besar Malaysia untuk Indonesia, Datuk Syed Munshe Afdzaruddin, kecewa terhadap Migrant Care. "Itu bukan cara demonstrasi yang benar. Mereka mengaibkan pagar rumah saya. Saya sampai harus masuk lewat pintu samping," ujarnya kepada Tempo kemarin.
Datuk Syed menilai tindakan tersebut telah melanggar konvensi Perserikatan Bangsa-Bangsa yang menyatakan tidak boleh ada penghinaan di depan pintu rumah negara lain. "Mau demonstrasi silakan, tapi tolong hormati kedaulatan kami," katanya. 

Ia menambahkan bahwa Malaysia siap berdialog. "Ke depan, masyarakat bisa bertemu langsung dengan saya jika ada keluhan dengan cara yang baik-baik tanpa unjuk rasa," Datuk Syed menambahkan. 

Migrant Care Malaysia berencana melakukan investigasi atas penembakan tersebut. Direktur Eksekutif Migrant Care Malaysia Alex Ong menyatakan, sebagai langkah awal, lembaganya telah mendatangi Kedutaan Besar Republik Indonesia Kuala Lumpur. "Beberapa hari yang lalu kami telah menyampaikan rencana investigasi penembakan TKI ini kepada Pak Tatang (Wakil Duta Besar Tatang B. Razak)," ujarnya. 

Hasil investigasi diharapkan rampung akhir bulan ini, dan selanjutnya akan diserahkan ke parlemen dan Kementerian Dalam Negeri Malaysia--yang membawahkan Kepolisian dan Komisi Nasional Hak Asasi Manusia Malaysia. Dianing Sari | Masrur (Kuala Lumpur) - Koran Tempo, 24/4/2010, Migrant Care Demo Kedutaan Malaysia