bangkit.net

POLICE WATCH AND HUMAN RIGHTS COMMITTEE
SUITE 8-9-7 (A) MENARA MUTIARA BANGSAR
JALAN LIKU OFF JALAN RIONG
BANGSAR 59100 KUALA LUMPUR
TEL : 03-22825241 / FAX : 03-22825616

Y.Bhg Tan Sri Abdul Gani Patail                            11.05.2007
Attorney General of Malaysia.                                Certificate of Posting
Aras 1-8, Block C3, Parcel C                                    Fax: 88889369
Pusat Pentadbiran Kerajaan Persekutuan            Email: ag@agc.gov.my
62512 Putrajaya

Y.Bhg Tan Sri,

RE:
1.    POLICE SHOOTING DEAD TEENAGER “CAUGHT WHILE TRYING TO FLEE” NST 11.05.2007 PG 20 AND THE HEADLINES IN MALAYSIA NANBAN (11/5/2007).

2.    POLICE SHOOTING DEAD MERE SUSPECTS IS “SUMMARY JUSTICE” AND PROVES POLICE’S GROSS INEFFICIENCY, EXCESSIVE USE OF FORCE HIGH HANDEDNESS, ABUSE OF POLICE POWERS (NEAR ABSOLUTE) AND POLICE ABOVE THE LAW MINDSET.

5.    URGENT IMPLEMENTATION OF IPCMC

We refer to the above matter and to the above news report.

We once again wish to register our protest and this time at the latest police shooting dead of a mere suspected robber in Taman Sentosa, Klang on 10.05.2007. In this latest incident a policeman opened fire and killed an alleged suspect R.Surantha (19). A member of the public who was at the scene, Mr Vembarasan, reported to us yesterday morning to complain that the body of the deceased was left there for about three (3) hours and about thirty (30) policemen and police cars surrounded the scene. He has a different version from that of the police version i.e. that the suspect was running away when he was shot dead. The police refused to reveal the identity of the deceased or give the name of the commanding police officer on site giving rise to the perception a full scale of police cover up.

According to police, this youth had allegedly ran to the car driven by the policeman and hit the bonnet with a parang. Section 15(iii) of the Criminal Procedure Code states “Nothing in this section gives a right to cause death of a person who is not accused of an offence punishable with death or with imprisonment for life”. In this case the deceased if at all allegedly merely hit the car bonnet with a parang and never the policeman. There is no self-defence here justifying this killing. This ruthless and barbaric shooting is totally unacceptable to the Malaysian civil society. This is also reflective and proves the Inspector General of Police Tan Sri Musa Hassan’s continuing style of “ Summary Justice”, gross police inefficiency, excessive use of force, high handedness, abuse of police powers (near absolute) and ‘police being above the law’ mindset.

May we bring to your kind attention the fact that almost all the time, your goodselves do not prosecute  these criminal policemen by the same standards applied on the ordinary citizen. There is only a 0.01% prosecution rate by the Attorney General in criminal abuse of police powers cases (Refer to our “Malaysian police report card 2005 at pg 5 at www.policewatchmalaysia.com). This latest shooting once again reminds us of the earlier statistics of 1.3 mere suspects being shot dead in Malaysia every week (The Star 11.5.2000)

In the general public interest, we hereby appeal to your goodselves to institute criminal proceedings against the relevant criminal policeman in this latest case where a mere suspect were shot dead taking into account the following grounds and based on the NST and Malaysia Nanban newsreport on 11.05.2007 at page 11 as follows:-

1.    Why couldn’t the police apprehend this mere suspect alive especially when he was not armed with firearms.

2.    This shoot to kill policy especially during peace-time smacks of arrogance, bully tactics, high handedness and a ‘we are above the law’ mindset, knowing that the police top brass would help cover up their crime and your goodselves would not prosecute them.

3.    How did mere passers-by manage to detain one of the alleged robbers yet the policeman who was armed with firearms failed to do the same?

4.    Why wasn’t the said suspect shot in the legs, shoulders etc, captured alive and then put through the due process of the law, as in the case of the Poh Kong jewellery heist case where all seven (7) criminals were captured alive (The Sun headlines 5.2.07)(Note: Vide media statement on 5/2/2007 we had just commented and congratulated the police on this feat).

5.    The fatal shot or shots only point to an intention to kill and not self-defence.

6.    What were the three other plainclothes policemen doing when the alleged robbers lost control of their alleged motorcycle and fell?

7.    Are the passers-by who detained one of the alleged suspects and/or the alleged two couples who were allegedly robbed able to positively identify the alleged suspects, including the deceased and/or were they eye witnesses to the incident?

CONCLUSION

It is our humble submission that it is again a plain and obvious case for this policeman to be prosecuted for murder and / or the crime/s arising therefrom as the only way to stop atrocities of these nature in the future.

We hereby once again call for the urgent implementation of the Independent Police Complaints and Misconduct Commission (IPCMC) with independent investigation, arresting and prosecution powers and unlimited funding.

We apologise for any inconveniences incurred and mean no disrespect to your goodselves but are merely bringing this matter to your goodself as a last resort and in the general public interest.

Thank You,
Yours Faithfully.

P.Uthayakumar,
Legal Adviser

s.k  1. Y.A.B. DATO’ SERI ABDULLAH AHMAD BADAWI
Prime Minister of Malaysia
And Minister of internal Security
Block Utama,
Bangunan Perdana Putra,                                        Email: reduceredtape@pmo.gov.my
Pusat Pentadbiran Kerajaan Persekutuan,            Email: abdullah@kdn.gov.my
62502 Putrajaya.                                                        Email: ppm@pmo.gov.my

2. Y.A.B.Dato Seri Mohd Najib bin Tun Haji Abdul Razak
Timbalan Perdana Menteri                                                     Fax: 88883973
Jabatan Perdana Menteri Aras 4 Block Barat
Bangunan Perdana Putra
Pusat Pentabiran Kerajaan Persekutuan
62502 Putrajaya

3.Y.B.Dato’ Seri Mohamed Nazri Bin Abdul Aziz
Menteri Di Jabatan Perdana Menteri (Undang-Undang)      Fax: 88894177
Pengerusi
Parliamentary Human Rights Caucus,
Aras 4 Block Barat, Bangunan Perdana Putra
Pusat Pentabiran Kerajaan Persekutuan
62502 Putrajaya.

4.Y.Bhg Tan Sri Musa Hassan
Inspector General of Police
Ibu Pejabat Polis Di Raja Malaysia                                             Fax: 22731326
Jalan Bukit Aman
Kuala Lumpur

5.Y.Bhg.Tan Sri Abu Talib Osman,
Chairman Human Rights Commission Of Malaysia (Suhakam)
Tingkat 29,Menara Tun Razak
Jalan Raja Laut                                                                             Fax:26125660