Civil society groups demand criminalization of extrajudicial killings in Malaysia

A coalition of 18 civil society organizations in Malaysia has issued a joint statement demanding the criminalization of extrajudicial killings by law enforcement officers and the prosecution of those responsible. The call comes in response to the recent killing of a suspect by Malaysian police on 13 August 2024, an incident the groups describe as yet another instance of extrajudicial killing.

The statement, signed by prominent groups such as ALIRAN, MADPET (Malaysians Against Death Penalty and Torture), and the Anti-Death Penalty Asia Network (ADPAN), expresses deep concern over the immediate dissemination of the police’s version of events, which they allege serves to absolve the officers involved and vilify the deceased. The groups question whether the police had sufficient time to conduct a proper investigation into the killing before making public statements, and whether the officers involved were easily identifiable as law enforcement at the time of the incident.

The statement highlights several cases where the police’s accounts of fatal shootings were later found to be false.

One such case occurred in Sitiawan, Perak, where the Ipoh High Court overturned an inquest’s open verdict and ruled that the death of a suspect shot by police was a homicide. Similarly, in another incident, the coroner’s court found evidence of abuse of power and criminal elements in the police’s actions during a fatal shooting that resulted in three deaths.

Despite these findings, the groups lament that there has been no news of criminal investigations or charges brought against the police officers involved in these cases. They argue that the perception that Malaysia protects law enforcement officers from criminal prosecution must end, and that such cases should not be handled solely through internal disciplinary actions but require prosecution in court.

The coalition also criticizes the prolonged delays in coroner’s inquiries, calling for faster investigations and decisions. They emphasize that in cases of extrajudicial killings, the police officers involved should be treated as suspects and investigated for murder, rather than focusing on the deceased. The statement notes that the law clearly limits the use of lethal force by law enforcement, and that extrajudicial killings should be explicitly criminalized with deterrent penalties.

Furthermore, the groups call on Home Minister Saifuddin Nasution Ismail to take responsibility by apologizing for any deaths occurring during police operations and ensuring thorough and independent investigations. They insist that it is the role of the courts, not the police, to determine guilt and whether any defense, such as self-defense, is valid.

The coalition also urges Malaysia to adopt the United Nations’ Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary, and Summary Executions, and to end the practice of defaming the deceased as a means of justifying unlawful killings by law enforcement.

The statement concludes with a call for transparency and accountability, demanding that the findings of coroner’s inquiries into all cases of extrajudicial killings be disclosed and that law enforcement officers responsible for such deaths be charged and tried in court.

The full list of signatories includes:

• ALIRAN
• MADPET (Malaysians Against Death Penalty and Torture)
• Teoh Beng Hock Association for Democratic Advancement
• WH4C (Workers Hub For Change)
• Anti-Death Penalty Asia Network (ADPAN)
• Association Of Home And Maquila Workers (ATRAHDOM), Guatemala
• Banglar Manabadhikar Suraksha Mancha (MASUM), India
• Citizens Against Enforced Disappearances (CAGED)
• Democratic Commission for Human Development, Lahore, Pakistan
• Global Women’s Strike, United Kingdom
• Legal Action for Women, United Kingdom
• Programme Against Custodial Torture & Impunity (PACTI), India
• Redemption, Pakistan
• Sabah Timber Industry Employees Union (STIEU)
• Union of Domestic, Maquila, Nexas and Related Workers (SITRADOM), Guatemala
• Yaung Chi Oo Workers’ Association (YCOWA)
• Gerakan Belia Sepunjabi Malaysia
• Persatuan Sahabat Wanita Selangor (PSWS)