Police Violence at the Peaceful Assembly over the Mystery Death of Teoh Beng Hock at MACC Selangor

MEMORANDUM TO HUMAN RIGHTS COMMISSION OF MALAYSIA (SUHAKAM)

21 JULY 2009

POLICE VIOLENCE AT THE PEACEFUL ASSEMBLY OVER THE MYSTERY DEATH OF TEOH BENG HOCK AT MACC, WISMA MASALAM, SHAH ALAM, MALAYSIA

We, the victims of police violence, Rawang State Assemblyperson Gan Pei Nei, Loo Chuan Boon, Ng Yap Hwa and Sarah Devaraj would like to lodge an official complaint to Human Rights Commission of Malaysia (SUHAKAM) in relation to violent attack by the Royal Malaysian Police during a protest over the death of Teoh Beng Hock. This incident was took place on 17th July 2009 about 11am to 12pm, at the headquater of Selangor Malaysia Anti Corruption Commision (MACC), Wisma Masalam, Shah Alam, Malaysia.

Background

On 16 July 2009, Teoh Beng Hock (30 years old), aide to Selangor State Exco Ean Yong Hian Wah, was found death few hours after summoned by the MACC Selangor to assist into an investigation of misuse of State allocations fund.

Seri Kembangan assemblyman Ean Yong Hian Wah was among the seven Pakatan Rakyat (people’s Alliance, Selangor state ruling coalition) state assemblypersons investigated over the allegedly misused of their constituency funds by MACC (a federal agency under the purview of Barisan Nasional).

Teoh was taken to the MACC headquarters for questioning at 5.40pm on 15th July 2009. According to MACC investigation division director Shukri Abdul in a press conference, the interrogation completed at 345pm and Teoh was released immediately.

At around 1.30pm on 16th July 2009, his body was found at the rooftop of a building next to the towering block which houses the MACC headquarters. The death of Teoh is shrouded in mystery and a slew of unanswered questions.

On 17th July 2009, a crowd of 300 people including the opposition leaders, parliamentarians, assemblymen, their assistants and concerned citizens were gathering at Wisma Masalam at 10am to demand an answer from MACC over the mystery death of Teoh.

At 10.40am, the Selangor State Police Chief Khalid Abu Bakar had given instruction to disperse the crowd. About 20 policemen in uniform, plain cloth and Federal Reserve Unit (FRU) barged into protesters and violently arrested several parliamentarian, state assemblymen and their aides.

We strongly condemn the act of Royal Malaysian Police, this incident of police violence is clearly a blatant disregard to the fundamentals of human rights in Malaysia as enshrined in Federal Constitution, which has guaranteed people’s freedom of expression and right to peaceful assembly. The Barisan Nasional government had abused of government machineries to oppress the political opponents.

We deeply regret that the government has not political will to bring reform into the police force, neither it implements the 125 recommendations by the Royal Commission in 2004. More importantly, this incident of police violence illustrates the abuse of power and misconduct of the police force had already reached a critical level.

Furthermore, the UN Code of Conduct for Law Enforcement Officials spells out in Article 5 that no law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment or invoke superior orders or exceptional circumstances, such as a threat to national security, to justify these actions.

We are also of concern over the continued arbitrary denial of right to assembly which is articulated in the Police Act 1967 Section 28. We demand the government to abolish the section immediately and unconditionly, this is unacceptable for a member state of United Nations which endorsed the Universal Declaration of Human Rights and sit on the Human Rights Council of United Nations.

Below are descriptions how the victim were handled by the police:

1) Rawang State Assemblyperson Gan Pei Nei

When police dispersing the crowd, Gan was pulled out from the crowd violently by several male and plain cloth policemen. While some of the protesters tried to rescue her, the plain cloth policemen push her to the ground and her head was hitted on the ground.

It is no doubt that the male policemen had used excessive force on a female protester, this is also tantamount to sexual harrassment to an elected representative.

She then had received medical treatment at Hospital Tengku Ampuan Rahima, Klang.

2) Loo Chuan Boon

Loo, aide of Selangor executive councillor and Bukit Lanjan State Assemblyperson Elizabeth Wong Keat Ping.

He was beaten by police several times and was pushed and fell on the floor. Then, a policeman stepped on his waist, manhandled and handcuffed him. He was also dragged by the police for about 30 metres as he refused to walk and sat on the ground then. At last, he fainted while he was dragging along the road.

There are bruises found on his hand and legs. He then was sent to hospital Tengku Ampuan Rahima , Klang together with YB Gan Pei Nei for medical treatment.

3) Ng Yap Hwa

Ng, aide of Klang member of parliament Chales Santiago.

He was manhandled by policemen in uniform and plain cloth while he tried to protect Loo Chuan Boon from arresting by police. Police were grabbing and dragging him along the road for about 50 metres.

Scratches were found on his left hand and left leg, his shirt, pant and beg were damaged during the manhandling.

4) Sarah Vanitha Devaraj

Sarah, aide of Klang member of parliament Chales Santiago.

She was kicked and pushed by male police while rescuing Ng Yap Hwa from arresting by police.

The action by those male policemen is tantamount to sexual harrassment to a female.

We, in light of these incidences, urge SUHAKAM to:

1. Conduct an independent inquiry on the above abuses and human rights violations. This is pursuant to Part III of Human Rights Commission of Malaysia Act.

(12. (1) The Commission may, on its own motion or on a complaint made to it by an aggrieved person or group of persons or a person acting on behalf of an aggrieved person or a group of persons, inquire into allegation of the infringement of the human rights of such person or group of persons.)

2. To ensure the police and the authorities respect and protect the Constitutional Rights enshrined in the Federal Constitution.

3. To play an active role in monitoring and intervene in future events of peaceful assemblies and mediate with the police on our fundamental rights at the first point of violation.

4. To pressure government to repeal all discriminative laws that. restrict freedom of expressions and freedom of assembly in Malaysia.

5. To put more pressure on the Premier in order to set up the Independent Police Complaints and Misconduct Commission (IPCMC) immediately to curb the police violence.

Lastly, we welcome the statement by SUHAKAM that it would carry out an independent investigation into the death of Teoh Beng Hock and might consider to hold a public inquiry. We sincerely hope that SUHAKAM implements its words in the governmental system, “Human Rights standards must be maintained and practised during investigations and interrogations by the MACC and all other enforcement agencies”.

CC:
1. International Coordinating Committee on National Human Rights Institutions (ICC)
2. Suara Rakyat Malaysia (SUARAM)
3. Amnesty International, Malaysia