We Demand National Change to End Police Misconduct and Violence in Malaysia

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Did you know that Malaysia does not have an independent body to investigate police misconduct, violence and ill-treatments? Back in 2004, the Royal Commission of Malaysia recommended the establishment of Independent Police Complaints and Misconduct Commission (IPCMC). The government implemented many other Royal Commission’s recommendations but rejected the establishment of IPCMC.

It rejected the recommendation because the government came under intense police pressure not to create an oversight agency solely focusing on the police. Instead the government established the Enforcement Agency Integrity Commission (EAIC) which is not wholly independent. 

Former Bar Council President Steven Thiru stated that EAIC's investigation on custodial death case of Syed Mohd Azlan Syed Mohamed and custodial death case of Dharmendran Narayanasamy appears to lead to no information of them being charged for the alleged crimes although recommended by EAIC.

Therefore, even if EAIC investigates into police misconduct and violence, no further actions such as prosecution or disciplinary action has been taken. Even if it took place, IGP Khalid Abu Bakar nor did Minister of Home Affairs Ahmad Zahid Hamidi inform the media and the people of Malaysia. The latter informed the media that IPCMC is not needed but did not give any reasoning. In this state, we lack transparency and accountability. In 2016 itself, there has been three Death in Police Custody cases.

The government of Malaysia must understand that the integrity of its police officers is compromised due to the criminal actions of certain cops. It must also realize that it has failed to strengthen the Police Commission as Prime Minister Najib Razak had promised in the 2014 Barisan Nasional Manifesto. Most importantly, it must understand that the public is losing its trust in Polis DiRaja Malaysia (PDRM) which can only be restored through the creation of IPCMC.

This petition is for Mohd Shamil Hafiz Shapiei, Mohd Hairul Nizam Tuah, and Mohd Hanafi Omar- 3 boys shot and killed by police officers. Their post-mortem report proved that the cops's story is not probable. A civil action was successful but no criminal action taken.

This petition is for Dhamendran Narayanasamy- a detainee who was murdered in lock-up. He was found with 52 injuries on his body and ears stapled. Criminal action taken and accused were acquitted. No further criminal action taken.

This petition is for Sugumaran Chelladury- who died in prison. The first post mortem concluded he died of heart attack. His family which claimed that he was healthy and had no history of heart-related illness, requested for a second PM. The family requested for HKL and UM hospital to conduct the second PM but the authorities said they would only perform if police authorities were there. Sugumaran was buried after 141 days without a second post-mortem ever being conducted.

This petition is for Mohd Ramadan bin Yusuf- who died in police custody due to “blunt trauma to the limbs.” Police from the Pengkalan Chepa police station also told the deceased's relative, Kamran R. not to press charge charges against the police.

This petition is for Gunasegaran Rajasundram- who died in IPD Sentul only two hours after being arrested. Three witnesses submitted statutory declarations attesting that Gunasegaran was beaten by the police. No criminal actions were taken against the officers.

This petition is for Mohammad Rahselan- a 18 boy who was ill-treated in detention. He was forced by the police to squat for an hour, do spot jumping, and “walk like a duck” with arms crossed and hands behind his ears at the Bachok police station, in Pasir Mir, Kelantan. “I was hospitalized for 19 days, and had to urinate through a tube,” said Rahselan. His father wanted to file a police report, but he said no actions would be taken. Of course, he was right.

This petition is for Ahmed Amin Draman- punched and beaten by police officers in prison.

This petition is for Nisha Ayub- a trans-woman who was sent to a male prison and was forced to have sexual intercourse with the prison officer to escape rape from other inmates. She was also asked to strip naked in front of everyone.

'They made fun of my breasts, my implants. The wardens actually purposely asked me to show my breasts in front of all the other inmates, [taking me] from one cell to the other cell. It was something that I can’t forget until today. I was actually pleading to the warden, ‘Please don’t do this, please don’t do this,’ but he just ignored me.', said Nisha. 

This petition is for Kugan Ananthan- who died in police custody caused by “acute renal failure” due to “rhabdomyolysis” due to “blunt trauma” to skeletal muscles. 

This petition is for S Balamurugan- who died in police custody due to “coronary artery disease with multiple blunt force injuries” in February 2016. The deceased began vomiting blood in court and was told to be brought to the hospital. The police officers refused to follow court orders and brought him back to the station.

This petition is for Chunhua- a trans-woman who was stopped and searched in Kuantan. She was molested by the police officers who also humiliated her for her body. 

This petition is for Mohd Afham bin Arin- who was shot and killed by police officers. The police officers had a different story line as compared to a prime witness to the killing. No criminal action taken.

This petition is for Dinesh Darmasena- who was shot and killed by police officer in Ampang. 

Our Solutions Are As Follows: 

To the Government of Malaysia

  1. Create an independent, external commission tasked solely to receive and investigate complaints about RMP misconduct and abuse, and endow the commission with all necessary powers to investigate, compel cooperation from witnesses and government agencies, subpoena documents, and submit cases for prosecution.
  2. Until an external commission is established with a sole focus on RMP misconduct and abuse, reform the Enforcement Agency Integrity Commission (EAIC) to improve its performance by:
  • Establishing an appointment procedure and process that guarantees the independence and impartiality of the commissioners.
  • Establishing criteria that commissioners and senior staff have relevant experience in monitoring and investigating human rights abuses.
  • Ensuring transparency and timely public disclosure of information about the complaints received and investigations conducted by the EAIC, and
  • Ensuring that the EAIC has adequate investigators, resources and personnel to fulfill its mission.

To the Inspector General of Police

  • Create an RMP Ombudsman’s office that is empowered to receive and follow up on complaints of police abuse, with authority to take disciplinary action against RMP officers who obstruct or otherwise fail to cooperate with investigations.
  • Provide all IGP standing orders on use of force and firearms, procedures for arrest, procedures for investigations, procedures for deaths in lock-ups, to external oversight bodies, including SUHAKAM and the EAIC, and engage with those bodies to bring these standing orders into compliance with international human rights standards.
  • Issue an IGP standing order that instructs police stations across Malaysia to fully cooperate with external oversight agencies investigating police conduct by providing access to police files, police witnesses, and other requests for evidence.

Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. Martin Luther King, Jr.

This petition is by the People of Malaysia, for the People of Malaysia.

These federal actions are in the best interest of our country.

 Reference:

http://features.hrw.org/features/HRW_reports_2014/Im_Scared_to_Be_a_Woman/index.html

https://www.hrw.org/report/2014/04/01/no-answers-no-apology/police-abuses-and-accountability-malaysia

 

 

 



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