We appreciate Anwar’s commitment to ending deaths in custody, but…

Malaysians Against Death Penalty and Torture (Madpet) appreciates Prime Minister Anwar Ibrahim’s concern and desire to end police abuse, including torture after arrest and in police custody.

Anwar, who himself was subjected to police torture while in custody, was attacked in Bukit Aman Prison in 1998 by then Inspector General of Police Rahim Noor. Noor was later charged in court and sentenced to only two months in prison and a fine of RM2,000 for the attack on Anwar.

A more deterrent punishment is needed for such offences committed by police officers who, as law enforcers, must act strictly in accordance with the law.

“When people raise concerns about abuse and deaths in prisons, I don’t need to be convinced because I know how it feels. You feel helpless when you are abused almost to death in prison,” Anwar said.

“We must support all efforts to protect suspects and convicts in prison and I am pleased to say that both the Home Secretary and the Inspector General of Police support this idea.”

Although the Federal Constitution, the Code of Criminal Procedure and the Police Act clearly state what the police may and may not do, they unfortunately lack criminal offences (with potentially deterrent penalties) in the event that police officers themselves break the law – which also often results in a violation of the human rights or legal rights of a suspect or other person.

Judges sentence and impose

As Anwar rightly noted: “The police investigate, the judges pronounce the verdict. Suspects should not be punished in advance before a verdict is made.”

This is correct, because the police are not allowed to use excessive force when making arrests. Nor are they allowed to torture an arrested suspect while he is in custody for investigative purposes.

The police can only investigate and this must be done professionally and with integrity. Torture, slapping, beating, kicking and tackling are absolutely forbidden.

The suspect is presumed innocent until convicted and is treated with dignity during the investigation.

Torture poses the risk of a miscarriage of justice

Torture not only results in physical injury and sometimes death, but also in mental anguish and loss of human dignity.

It can also lead to a miscarriage of justice if an innocent man confesses his guilt in court because he has suffered the consequences of torture. A former prisoner once said he had been subjected to several tortures. He said that if they had tortured him again, he would have even confessed to murder. I asked him to file a complaint with the police and he said, “What’s the point?”

Victims want police officers to be brought to justice

For the victims and the families of deceased victims, it is a requirement of justice that those criminally responsible be charged, brought to trial and sentenced to a deterrent punishment.

Even if the victims win a civil suit in the High Court and the court orders the police and the Malaysian government to pay them hundreds of thousands of ringgit in compensation or damages, this does not satisfy the victims’ hunger for justice. They want the individual perpetrator (police officer) to be charged, tried, convicted and punished.

The police are not above the law, and anyone who violates the law must be prosecuted in criminal court.

This position is in line with the Federal Constitution. Article 8(1) states: “All persons are equal before the law and are entitled to equal protection of the law.” Anyone who breaks the law – even the police or the Prime Minister – must be charged and brought to justice.

Courts can order compensation

In criminal trials in Malaysia:

The court before which an accused is convicted of an offence shall, at the request of the public prosecutor, issue an order against the convicted accused requiring him to pay an amount to be determined by the court as compensation to the victim of the offence committed by the convicted accused for personal injury suffered….

(1B) Where the person who is the victim of the offence is deceased, the compensation order shall be served on a representative of the deceased person.

(§ 426 Code of Criminal Procedure)

The reality is that most victims of human rights abuses by the police, including torture, extrajudicial killings and deaths in custody, simply do not have the means, capacity and determination to bring civil suits against the police. As a result, they are never compensated, even financially, for human rights abuses by the police.

However, if the police officers are charged in a criminal court, the victims can at least receive compensation for their losses and suffering after a conviction.

Disciplinary measures and criminal prosecution

A disciplinary action is an action taken by an employer against an erring employee. Disciplinary actions against law-breaking police officers are generally carried out “in secret.” Victims, the public, and even the media are not allowed to participate.

Disciplinary action may be as little as a warning, a fine, a demotion or even dismissal, but such punishments fall short of what justice truly requires.

Madpet believes that the people of Malaysia want the “criminal” police officers to actually pay for their crimes – by being sentenced to prison and personally paying a fine. So they should be charged and the court should decide whether they are guilty or not.

It was shocking to learn in a recent Supreme Court judgment in a case of death in custody that the perpetrators (police officers) who were criminally responsible for the death were given disciplinary punishment 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 vs Mohamad Sukri Hat & Ors [2024] 7 CLJ916).

Disciplinary action may continue – but make sure perpetrators are charged and brought to justice for their crimes.

Bringing charges against the police in court – a deterrent

This prosecution of law-breaking police officers in court and the deterrent punishment if convicted will definitely deter other police officers from committing similar crimes in the future. This will certainly eliminate, if not reduce, the number of deaths in police custody.

Committing certain crimes

The circumstances surrounding many of these police crimes are unique in that they occur in the presence of other police officers or in facilities under the complete control of the officers. Unfortunately, the reluctance of some officers to testify or report their colleagues is an obstacle.

Victims now do not even dare to report the incident to the police because they fear that witnesses will not tell the truth. And they report it with the risk of police reprisal.

The police and law enforcement agencies are best served by specific crimes, which may also create legal presumptions that require the accused police officer to prove that he did not break the law or torture or cause the death of a victim.

Given Prime Minister Anwar’s stance against torture and killing in custody, Madpet Malaysia calls on the government to ensure that all police officers who commit torture or killing are promptly brought to justice for their crimes.

Justice requires that police officers who violate the law, including torture or causing death, be promptly charged and brought before a criminal court.

For the police, who are responsible for enforcing the law, breaking the law and violating the rights of a suspect is an extremely serious crime. It leaves a negative impression on the Malaysian judicial administration.

Failure to prosecute some “bad cops” also affects the image of the police and law enforcement agencies. It creates a false impression that the government protects law-breaking police officers. – Madpet

Charles Hector made this statement on behalf of the organisation Malaysians Against the Death Penalty and Torture.

The views expressed in Aliran’s media statements and the NGO statements we support reflect Aliran’s official position. Views and opinions expressed in other posts published here do not necessarily reflect Aliran’s official position.

AGENDA RAKYAT – ​​Lima perkara utama

1. Tegakkan maruah serta kualiti kehidupan rakyat
2. Galakkan pembangunan saksama, Lestari serta tangani tangani krisis alam sekitar
3. Raikan Kerencaman and Keterangkuman
4. You can act democratically and make the connection
5. Law of Race and Kronism

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