IPCMC – THE POLICE ARE NOT ABOVE THE LAW

Press statement by Kua Kia Soong, SUARAM Adviser, 3 May 2019

Inspector-General of Police (IGP) Tan Sri Mohamad Fuzi Harun has been quoted as saying that the police force does not want to hand over the power to take disciplinary action against its personnel to the proposed Independent Police Complaints and Misconduct Commission (IPCMC). He added that:

“The IPCMC wants to take over the powers of the Police Commission (SPP) under Article140 of the Federal Constitution on issues regarding disciplinary action and investigations.

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Justice for Dharmendran Must be Pursued

For Immediate Release
1st July 2016

Suara Rakyat Malaysia (SUARAM) is disappointed with the decision reached by the court in the prosecution of police officers that allegedly caused the death of N. Dharmendran in police custody.

In April 2016, the Enforcement Agency Integrity Commission (EAIC) delivered a substantive report on the death of N. Dharmendran. The report’s findings suggest that some police officers were directly or indirectly involved with altering documentations and evidences relating to the death of N. Dharmendran. Further, the report also highlights the weak links in the operating procedures of the Royal Malaysian Police on custodial death and recommended for actions to be taken against officers responsible for illegally altering documentations and records relating to N. Dharmendran’s detention.

In light of the availability of clear evidence indicating complicity, it is of paramount importance that criminal sanction made against all those responsible for causing the death of the Dharmendran. With the clear evidence of physical violence against the deceased, failure to prosecute would be a travesty of justice. If the prosecution is incapable of producing sufficient evidence for a charge of murder, the prosecution must re-evaluate its approach to the case.

To this end, SUARAM calls for the prosecution to seek an appeal against the decision by the courts and ensure that justice is done. SUARAM reiterate our previous call for prosecution for other officers that were complicit in altering the evidences relating to the death of N. Dharmendran and ensure that all that were involved with the case would not escape justice.

In Solidarity,

Sevan Doraisamy
Executive Director
SUARAM

Justice for Dharmendran & Family: Take Action Immediately!

Suara Rakyat Malaysia (SUARAM) welcomes the Enforcement Agency Integrity Commission (EAIC) report on the death of N. Dharmendran and call on the Attorney General’s Chambers and the Royal Malayian Police to take immediate actions based on the EAIC’s report.

The issue of custodial death has plagued Malaysia since time immemorial with select members of Royal Malaysian Police showing complete disregard for custodial death. Some members of the Royal Malaysian Police have shown their inclination to manipulate the evidences in order to protect their interests such as in the case of A. Kugan. The damning report by EAIC leaves no doubt that those that were complicit in causing the death must be punished accordingly in order to deter future offenders and for the Royal Malaysian Police to restore its image and integrity.

To this end, SUARAM calls for immediate and drastic steps to be taken by the Royal Malaysian Police. All officers directly implicated by EAIC report must be suspended from duty immediately pending a formal disciplinary action. If EAIC report is found to be accurate, these officers must be immediately discharged from the force.

The EAIC have clearly indicated that selected members of Royal Malaysian Police have disregarded Para 33 of the Inspector General of Police’s Standing Order (IGSO) Part A ‘118’ and acted directly against the IGP’s order. The Inspector General of Police should cease his attempts to discredit EAIC report and undertake immediate steps to remedy the problem at hand. Failure to adhere to the ISGO also clearly contravenes the IGP earlier claims that the Royal Malaysian Police is always professional in their conduct. The cause of non-compliance with ISGO must be thoroughly investigated.

In light of the ample evidence against officers that were complicit in the death of N. Dharmendran, the Attorney General’s Chambers must initiate prosecution against those involved. Failure to do so would undoubtedly raise the perception that the criminal justice system in Malaysia as biased and favours enforcement agencies. With the Royal Malaysian Police compromised by two damning reports from EAIC and falling public perceptions, the Attorney General’s Chambers must take steps to protect the integrity of the criminal justice system.

SUARAM would like to remind all those concerned that failure to act would result in further injustice and put thousands of detainees at further risk of harm. Immediate steps must be taken to address this gross human rights violations and ensure that custodial death would not reoccur. SUARAM would also like to acknowledge the comprehensive report and investigation by EAIC and look forward to the conclusion of other investigations by EAIC.

In Solidarity
Sevan Doraisamy
Executive Director
SUARAM

 

Royal Malaysian Police is NOT a Tool for Political Crackdown!

For Immediate Release
7 April 2016

Suara Rakyat Malaysia (SUARAM) strongly condemns the arrest of youth activists and political leaders in the past week and the threats issued by the Inspector-General of Police against opposition Members of Parliament.

The arrest of Shazni Murni and Shukri Kamarudin under the Sedition Act 1948; the arrest of Muhammad Zhafran under Section 504 of the Penal Code; the arrest of YB Rafizi Ramli under the Official Secrets Act 1972; and the arrest of YB Chan Ming Kai under Section 186 of the Penal Code can only be described as the start of a political crackdown against youth activists and political leaders. There is no legitimate justification for the arrest and the detention of these individuals. The Royal Malaysian Police as the keeper of peace and security should not be exercising their power for political reasons as they have in these cases.

Further, Members of Parliament are elected representative of the people and must be allowed to perform the duties expected of them. These duties would naturally include the protection and promotion of their rights as Members of Parliament. The protest against the treatment of a fellow parliamentarian and the show of solidarity expressed by opposition Member of Parliaments should not and cannot be subjected to threats by the Inspector-General of Police.

Threats issued against any Members of Parliament in such a manner should be construed as threat to Parliamentary democracy as it posed a direct and immediate threat to the Parliament and those who sit within. The Inspector-General of Police would do well to remember the role of the Royal Malaysian Police and put an end to the unnecessary interference against Parliamentary activities.

Recalling Malaysia’s support shown by the Government of Malaysia for the United Nations General Assembly’s resolution on the protection of human rights defenders[1], SUARAM reminds the Government of Malaysia and all associated government agencies to remember the obligations it has undertaken by supporting the said resolution and take immediate steps to fulfil their obligations.

On this note, SUARAM calls for the immediate release of all activists and opposition leaders arrested and detained by the Royal Malaysian police and for the Royal Malaysian Police to cease with its crackdown against human rights and democracy!

In Solidarity,
Sevan Doraisamy
Executive Director
SUARAM

[1] http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/70/161

Stop the Intimidation and Release Khairul Nizam Immediately!

For Immediate Release
8th January 2016

Suara Rakyat Malaysia (SUARAM) strongly condemns the arrests of Khairul Nizam at his home in Kota Bahru on the 8th January 2016.

Despite Khairul Nizam’s willingness to cooperate with the police in the past, he was first arrested at IPD Dang Wangi when he willingly submitted himself for questioning on the 28th December 2015. The fact that the magistrate court rejected the application for remand by the police makes it clear that it is unnecessary for Khairul Nizam to be subjected to any form of detention at this juncture.

Even so, barely two weeks after his arrest at IPD Dang Wangi, Police that identified themselves as officers from IPD Kota Bahru arrested Khairul Nizam at his home in Kota Bahru in the morning of 8th January 2016.

Khairul Nizam was not informed of the reason for his arrests during his arrests and the Royal Malaysian Police have been slow in providing lawyers with the necessary information regarding his arrests and present whereabouts. Further, Khairul Nizam was immediately taken to IPD Johor Bahru after his arrests, this growing trend of local ‘extradition’ would undoubtedly bring hardship to those involved with his arrests.

The manner of his arrest and the failure to convey the reason of his arrest clearly contravenes with recognized international human rights principles and borderlines illegal based on established procedures.

The series arrests and prosecution of critics of the Government of Malaysia should not be a norm of Malaysia and MUST not be the task of the Royal Malaysian Police. On this note, SUARAM demands that the Royal Malaysian Police to release Khairul Nizam immediately and cease its intimidation against civil activists!

In Solidarity,

Sevan Doraisamy
Executive Director
SUARAM