A coalition of 29 organisations is calling for an end to what they describe as a “policy” or perception in Malaysia that shields police and law enforcement officers from criminal prosecution, even when they are involved in serious violations such as death, torture, or human rights abuses.

These groups argue that law enforcement officers who break the law should be subject to the same criminal prosecution and sentencing as ordinary citizens.

The coalition points to several high-profile cases where police officers allegedly committed serious crimes, yet no action was taken to prosecute those responsible.

They argue that merely subjecting officers to internal disciplinary actions does not fulfil the public’s demand for justice. Instead, such officers must be charged and tried in open courts, allowing for transparency in the administration of justice.

Enforced Disappearance of Raymond Koh and Amri Che Mat

One prominent case cited is the enforced disappearance of Pastor Raymond Koh and Amri Che Mat. In 2019, the Malaysian Human Rights Commission (SUHAKAM) concluded, following a public inquiry, that both men were likely victims of enforced disappearance carried out by police officers from the Special Branch.

The government formed a Special Task Force to investigate SUHAKAM’s findings, but when the report was completed, it was classified as an “Official Secret” and was not disclosed to the public.

Recently, during a civil trial initiated by the families of the victims, parts of the report were revealed.

These findings supported SUHAKAM’s conclusions, asserting that the officers involved were rogue individuals acting independently. However, despite this revelation, no criminal charges have been filed against the responsible officers.

The delay in prosecuting these officers, even after clear findings, further bolsters the perception that Malaysia protects its law enforcement officers from the full extent of the law.

Assault on Ong Ing Keong

In another case, Ong Ing Keong, a deaf and mute e-hailing driver, was allegedly assaulted on 28 May 2024 by a police officer escorting a VIP.

Despite video evidence supporting Ong’s claims, no charges have been brought against the officer involved. This case has raised further questions about the government’s willingness to hold law enforcement accountable.

Failures in Investigating Police-Related Deaths

The coalition also highlights multiple cases involving deaths caused by police officers, where no significant legal action has been taken.

A coroner’s court ruling on 31 May 2023 determined that the fatal shooting of three men by police officers was not justified as an act of self-defence. Despite this finding, the officers involved have not been charged.

Similarly, in a separate incident, the High Court ruled on 1 February 2024 that the death of a man in Sitiawan, Perak, at the hands of police was homicide, yet no charges have been filed.

The coalition argues that these incidents contribute to a widespread loss of public confidence in Malaysia’s criminal justice system, particularly when it comes to cases involving law enforcement officers.

They stress that the government must act decisively to ensure that justice is seen to be done, by investigating, charging, and prosecuting officers found responsible for these crimes.

Concerns About Torture and Deaths in Custody

There are growing concerns over allegations of torture and deaths in police custody, with many cases seemingly underreported due to victims’ fear or lack of faith in the system.

The groups worry that if the public continues to perceive that justice is inaccessible, it may lead to increased incidents of violence or retaliation against police officers.

The Need for Clearer Laws and Specific Offences

The coalition believes that existing Malaysian laws, such as the Federal Constitution and the Criminal Procedure Code, clearly outline the legal obligations of police officers.

However, they argue that there is a need for additional specific laws to address violations committed by law enforcement officers, particularly in cases involving torture, illegal searches, or denial of legal rights.

They propose enacting special criminal offences targeting police misconduct to ensure greater accountability.

They further highlight the challenge posed by the fact that police misconduct often occurs in the presence of fellow officers, who may be reluctant to report their colleagues. This creates a culture of impunity within the force, making it difficult for victims to seek justice.

Recommendations for Reform

The coalition’s demands include the immediate investigation, charging, and trial of the officers responsible for the enforced disappearance of Raymond Koh and Amri Che Mat, as well as the disclosure of their whereabouts.

They also call for the prosecution of officers involved in the disappearance of Joshua Hilmy and Ruth Sitepu, based on findings from SUHAKAM’s public inquiry.

Moreover, the group advocates for the prosecution of the officers involved in the assault of Ong Ing Keong and those found guilty of homicide in recent court decisions.

They also call for the implementation of new laws to address police misconduct and for the government to take active steps to discard the perception that law enforcement officers are immune from prosecution.

The coalition urges the Malaysian government to demonstrate its commitment to justice by ensuring that all law enforcement officers who break the law are charged and tried in open courts.

This transparency, they argue, is critical to restoring public faith in the country’s criminal justice system.

The list of the 29 organisations in the coalition

1. ALIRAN
2. MADPET (Malaysians Against Death Penalty and Torture)
3. Teoh Beng Hock Association for Democratic Advancement
4. Association of Home and Maquila Workers (ATRAHDOM), Guatemala
5. Banglar Manabadhikar Suraksha Mancha (MASUM), India
6. Center for Orang Asli Concerns (COAC)
7. Greenpeace Malaysia
8. Global Women’s Strike, UK
9. Haiti Action Committee
10. KLSCAH Civil Rights Committee (KLSCAH CRC)
11. Legal Action for Women, UK
12. Migrant Care, Indonesia
13. National Garment Workers Federation, Bangladesh
14. North South Initiative, Malaysia
15. National Union of Transport Equipment & Allied Industries Workers (NUTEAIW), West Malaysia
16. Parti Sosialis Malaysia (PSM)
17. PAYDAY Men’s Network (UK/US)
18. Persatuan Amal Progresif Malaysia
19. Persatuan Sahabat Wanita Selangor (PSWS)
20. Programme Against Custodial Torture & Impunity (PACTI), India
21. Sabah Timber Industry Employees Union (STIEU)
22. Sarawak Dayak Iban Association (SADIA)
23. Saya Anak Bangsa Malaysia (SABM)
24. Singapore Anti Death Penalty Campaign (SADPC)
25. The Workers’ Assistance Center, Inc. (WAC), Philippines
26. Union of Domestic, Maquila, Nexas and Related Workers (SITRADOM), Guatemala
27. WH4C (Workers Hub for Change)
28. Black Women for Wages for Housework, US
29. Women of Color/Global Women’s Strike, US/UK

MALAYSIA: ENGAGE, a Malaysian civil society group, has expressed profound disappointment over the Federal Court’s recent decision to uphold a RM300,000 (approximately US$72,771 ) defamation judgment against Clare Rewcastle-Brown, the investigative journalist known for her pivotal role in exposing the 1MDB scandal.

The court’s ruling, delivered on 10 September, held Rewcastle-Brown liable for defamation due to a mistaken identity error that had since been rectified, casting a shadow on the safety of investigative journalism in Malaysia.

In light of this ruling, ENGAGE emphasised the broader implications for journalists seeking to expose corruption.

“This decision sends a chilling message to investigative journalists who exposes corruption that they will not be protected in Malaysia,” the group stated.

As part of the ruling, Rewcastle-Brown and two local businesses—Gerakbudaya and Vinlee Press—are now responsible for a total payment of RM455,400 (US$110,439), which includes RM300,000 in damages and RM135,000 costs and other incidentals (taxes and interests).

ENGAGE also shared a video message from Rewcastle-Brown on its Facebook page.

In the video, Rewcastle-Brown reiterated her disappointment that despite correcting the error six years ago, the court ruled that she and the two publishers must pay damages to the Sultanah.

She expressed her gratitude to ENGAGE, the Centre for Independent Journalism, and numerous other groups that support freedom of expression for their efforts in raising funds to help cover these fines.

To date, approximately RM305,667 has been raised through donations in the UK and through ENGAGE’s Freedom Fund 2.0, leaving a shortfall of RM149,733, rounded up to RM150,000.

ENGAGE has issued a rallying cry to the Malaysian public to show solidarity with Rewcastle-Brown and the local businesses affected by this ruling.

The organization highlighted the significance of Rewcastle-Brown’s investigative work, particularly her book, The Sarawak Report: The Inside Story of the 1MDB Exposé, which detailed the massive corruption scheme involving former Prime Minister Najib Razak and fugitive financier Jho Low, ultimately leading to the latter’s downfall and incarceration.

ENGAGE plans to keep the public updated on the fundraising efforts through their Facebook page and encourages potential donors to verify the information via Clare’s blog.

In closing, ENGAGE thanked those who have previously contributed and encouraged further support to help maintain Malaysia’s independent publishers, vital to a free press and democracy.

They provided the following banking details for donations:

• Name: Engage Citizen Network PLT
• Bank: Maybank
• Account: 5512 7609 7331
• Remark: Clare

RSF condemns Malaysian court ruling against Rewcastle-Brown

On 17 September, Reporters Without Borders (RSF) condemned the Malaysian court ruling against Rewcastle-Brown and the two publishers, characterizing it as part of a broader effort to silence journalists reporting on corruption.

Fiona O’Brien, UK Bureau Director of RSF, commented: “This case should never have made it to court. The accusations of defamation are nonsensical. ”

“The underlying agenda appears to be to silence Rewcastle Brown and warn other Malaysian journalists away from reporting on corruption.”

In a separate criminal case, Rewcastle Brown was sentenced in absentia to two years in prison in February 2024. She continues to appeal the criminal charges but has faced significant challenges in defending herself.

The British government has not commented publicly on her case.

RSF also noted that Malaysia, once ranked 73rd in the World Press Freedom Index, has dropped to 107th in 2024, amid rising political instability and a pattern of defamation suits against journalists.