29 organisations demand criminal prosecution of law-breaking police in Malaysia
A coalition of 29 organisations is demanding that Malaysia end the perception of shielding law enforcement officers from prosecution when involved in serious violations like torture and killings. Highlighting cases such as the disappearances of Raymond Koh and Amri Che Mat, they call for accountability through criminal charges.
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
- ALIRAN
- MADPET (Malaysians Against Death Penalty and Torture)
- Teoh Beng Hock Association for Democratic Advancement
- Association of Home and Maquila Workers (ATRAHDOM), Guatemala
- Banglar Manabadhikar Suraksha Mancha (MASUM), India
- Center for Orang Asli Concerns (COAC)
- Greenpeace Malaysia
- Global Women’s Strike, UK
- Haiti Action Committee
- KLSCAH Civil Rights Committee (KLSCAH CRC)
- Legal Action for Women, UK
- Migrant Care, Indonesia
- National Garment Workers Federation, Bangladesh
- North South Initiative, Malaysia
- National Union of Transport Equipment & Allied Industries Workers (NUTEAIW), West Malaysia
- Parti Sosialis Malaysia (PSM)
- PAYDAY Men's Network (UK/US)
- Persatuan Amal Progresif Malaysia
- Persatuan Sahabat Wanita Selangor (PSWS)
- Programme Against Custodial Torture & Impunity (PACTI), India
- Sabah Timber Industry Employees Union (STIEU)
- Sarawak Dayak Iban Association (SADIA)
- Saya Anak Bangsa Malaysia (SABM)
- Singapore Anti Death Penalty Campaign (SADPC)
- The Workers' Assistance Center, Inc. (WAC), Philippines
- Union of Domestic, Maquila, Nexas and Related Workers (SITRADOM), Guatemala
- WH4C (Workers Hub for Change)
- Black Women for Wages for Housework, US
- Women of Color/Global Women’s Strike, US/UK
