MALAYSIA: Possible cover-up by police on a torture case witnessed by activists in Banting, Selangor 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding a possible cover-up by police authorities in Banting District police headquarters, Selangor into the torture of a man inside their police station. It was witnessed by three persons, two of whom are human rights activists, but the police have denied the incident instead of conducting an impartial investigation.

It was on 28 October 2005 when lawyer N. Surendran and S. Manickavasagam, a political activist, saw a Malay man being tortured by four policemen inside the police station’s Bahagian Siasatan Jenayah (Criminal Investigations Divisions). The man’s hand was twisted behind his back and his mouth was wrapped with plaster. He was seen suffering in immense pain and crying. One of the alleged perpetrators was identified as Chief Inspector Alex.

After the incident, the witnesses then reported the incident to the Officer-in-Charge of the police station, Superintendent Shah Gzali, who later told them to make a formal police report on the incident they saw.

On 1 November 2005, civil society groups submitted information to Tan Sri Mohd Bakri Omar, the Inspector-General of the Police (IGP), about the torture incident. It was reported later by the media that both Superintendent Shah Gzali and the IGP denied the witnesses’ account and the former threatened the witnesses with police action. It was discovered that no impartial investigation was even conducted into the case.

We request your strong intervention to pressure the Malaysian government, in particular the IGP to ensure that an impartial investigation is conducted on the case. The threats of police action against witnesses must also be investigated. The witnesses must be given protection and assurances must be made that no legal or police action is going to be taken against them for making the report.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the witnesses: Mr. N. Surendran, a lawyer; Mr. S. Manickavasagam, a political activist and Narayana Perabu a/l Raman.
Victim: An unnamed Malay man
Alleged perpetrators: Four policemen attached to the Banting District police headquarters, Selangor
Date and place of incident: 28 October 2005 inside the room of the Bahagian Siasatan Jenayah (Criminal Investigations Divisions) at the Banting District police headquarters, Banting, Selangor Darul Ehsan

Case details:

On 28 October 2005, a Malay man was seen being tortured by three witnesses, namely Mr. N. Surendran, Mr. S. Manickavasagam and Narayana Perabu a/l Raman allegedly by four policemen inside the room of the Bahagian Siasatan Jenayah (Criminal Investigation Division section) of Banting District Police Headquarter located in Banting, Selangor Darul Ehsan.

They saw the victim’s hand being twisted behind his back and his mouth was wrapped with a tape or plaster. He was suffering from immense pain and was crying. One of the four policemen was identified as Chief Inspector Alex. Chief Inspector Alex was seen by one of the witness, Narayana Perabu a/l Raman, frequently coming in and out of the room during the incident.

After the incident, the witnesses immediately approached the Officer-in-Charge, Superintendent Shah Gzali Khan Shahadad about what they saw. Superintendent Gzali told them to make a formal report. But it was later reported later that Superintendent Shahadad denied the witnesses’ account and instead threatened them with a police action. In a news report by the New Strait Times, a national newspaper in Malaysia on October 29 entitled “I saw cops manhandle detainee” Superintendent Shahadad reportedly rejected the witnesses account. He insisted that nobody was tortured in their police station and that the witnesses acted on hearsay.

On November 1, several civil society groups, one of which was the Malaysian against Death Penalty (MADPET), submitted a memorandum regarding the incident seen by the witnesses to the IGP, Tan Sri Mohd Bakri Omar, for him to take action. One of the witnesses, N. Surendran, is a member of the MADPET.

On November 2 and 10, a report came out from the Malay Mail with the title “Call for Independent Team to probe the incident” which quoted the submission to the IGP and a media statement issued by MADPET.  The information received by the IGP reportedly came from the police officials of the police station where the torture incident took place. The victim was not even identified because of an improper inquiry.

It was learned that the IGP has acted mainly on the report and statement by the Officer in Charge of the Banting Police District, Shah Gzali Khan Shahadad, and that no impartial or independent investigation has been conducted.

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SUGGESTED ACTION:

Please send letters to the Malaysian government, in particular to the IGP and raise your concern regarding this case. An impartial and independent investigation must be conducted.

 

 

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