Malaysians Against Death Penalty and Torture (Madpet) appreciates Prime Minister Anwar Ibrahim’s concern and desire to end police abuses, including torture post-arrest and during police custody.
Anwar, himself a victim of police torture whilst in custody, was assaulted in the Bukit Aman lockup in 1998 by then inspector general of police Rahim Noor, who was later charged in court, convicted and sentenced to a mere two months’ imprisonment and a RM2,000 fine for assaulting Anwar.
Such offences by police, who are officers of the law expected to be strictly law-abiding, require a more deterrent sentence.
“When people raise concerns regarding abuse and deaths in lockups, there’s no need to convince me because I know how it feels. It feels helpless when you’re assaulted to near death while in lock-up,” Anwar said.
“We need to support all efforts to protect the suspect or convict in the lock-up, and I’m pleased to say that both the home minister and inspector general of police support the idea.”
Now, although the Federal Constitution, the Criminal Procedure Code and the Police Act do state very clearly what the police can or cannot do, what is sadly missing are criminal offences (with possibly deterrent penalties) when police officers themselves break the law – which also often translates to a human rights or legal rights violation of a suspect or other person.
Judges convict and sentence
As Anwar rightly pointed out: “The police investigate, the judges deliver the sentence. Before a sentence is passed, suspects should not be punished beforehand.”
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This is right, for the police cannot use excessive force when effecting an arrest. Neither can they cannot torture an arrested suspect during his or her detention for the purpose of investigations.
The police can only investigate and that must be done professionally and with integrity. Torture, slapping, beating, kicking and stapling is totally prohibited.
The suspect shall be presumed innocent until the court convicts and shall be treated with dignity during the investigations.
Torture risks miscarriage of justice
Torture does not only cause physical injury, sometimes death, but also mental anguish and loss of human dignity.
It can also lead to a miscarriage of justice when an innocent man charged in court pleads guilty because of the consequence of torture. One former detainee once said he was subjected to several bouts of torture. He said if they had tortured him another time, he would have willingly confessed to even murder. I asked him to file a police report, and he said, “What is the use?”
Victims want officers tried in court
For victims and families of deceased victims, justice demands that those criminally liable be charged, tried in court and handed a deterrent sentence.
Even if victims win in civil action at the High Court, and the court orders the police and the Malaysian government to pay the them hundreds of thousands of ringgit in compensation or damages, it does not quell the victims’ thirst for justice. They want the individual perpetrator (police officer) to be charged, tried, convicted and sentenced.
The police are not above the law, and those who break the law must be charged in criminal courts.
This position is consistent with the Federal Constitution. Article 8 (1) states: “All persons are equal before the law and entitled to the equal protection of the law.” Anyone who breaks the law – even the police or the prime minister – must be charged and tried in court.
Courts can order compensation
In criminal trials in Malaysia:
the Court before which an accused is convicted of an offence shall, upon the application of the Public Prosecutor, make an order against the convicted accused for the payment by him, … of a sum to be fixed by the Court as compensation to a person who is the victim of the offence committed by the convicted accused in respect of the injury to his person….
(1B) Where the person who is the victim of the offence is deceased, the order of compensation shall be made to a representative of the deceased person.
(Section 426 of the Criminal Procedure Code)
The reality is that most victims of police violations of their rights, including torture, extrajudicial killings and deaths in custody, simply do not have the resources, capacity and resolve to commence civil actions against the police. Hency, they are never compensated even in terms of money for rights violations by the police.
However, if the police are charged in criminal courts, at least the victims can receive some compensation for their loss and sufferings after a conviction.
Disciplinary action plus criminal prosecution
A disciplinary action, is an action by an employer against an errant employee, and these disciplinary actions against law-breaking police officers are generally held in ‘secret’. The victims, the public and even the media are not allowed to attend.
Disciplinary action can result in a mere warning, fine, demotion or even termination, but such penalties fall short of what justice really demands.
Madpet believes that people in Malaysia want the ‘criminal’ police officers to really pay for their crimes – sentenced to imprisonment and personally pay a fine. So, charge them, and let the court decide guilt or innocence.
It was shocking to discover in a recent High Court judgment in a death-in-custody case, that the perpetrators (police officers), who were criminally liable for the death, were punished by disciplinary action with a mere ‘administrative warning’. This is certainly unjust considering that their actions or omissions resulted in the death of a human being (Fadhelah Othman v Mohamad Sukri Hat & Ors [2024] 7 CLJ 916).
Disciplinary action can continue – but make sure the perpetrators are charged and tried in court for their crimes.
Charging police in court – a deterrent
This charging of law-breaking police officers in court and a deterrent sentence if convicted will definitely deter other officers from committing similar crimes in the future. This will certainly eliminate, if not reduce, deaths in police custody.
Enact specific crimes
The circumstances of many of these police crimes are unique in that it happens in the presence of other officers or in facilities under the total control of the police officers. Unfortunately, the reluctance of some officers to testify against or report their fellow officers is a hurdle.
Victims now fear even making a police report out of worry that police witnesses may not want to tell the truth, and they report, there is a risk of police retaliation.
Specific crimes are best enacted for the police and law enforcement, which may also include legal presumptions placing the onus on the accused police officer to prove that he did not break the law, torture or cause the death of a victim.
Madpet calls on Malaysia, in light of Prime Minister Anwar’s stance against torture and deaths in custody, to ensure that all police officers who torture or cause deaths are speedily charged in court for their crimes.
Justice demands that police officers who break laws, including committing torture or causing deaths, be expeditiously charged and tried in criminal courts.
For the police, who are law enforcers, the breaking of laws and the violating of a suspect’s rights is a most serious crime. It gives a negative perception of Malaysia’s administration of justice.
The non-prosecution of a few ‘bad cops’ also affects the image of police and law enforcement. It gives the false impression that the government protects law-breaking police officers. – Madpet
Charles Hector issued this statement on behalf of Malaysians Against Death Penalty and Torture.
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
