SHOOT TO KILL! Same old modus operandi by the police

SUARAM expresses regret over the deaths of 3 individuals, siblings Aidi Noor Hafizal Othman and Noor Azman Othman and friend Ahmad Soufa  Ahman who were shot dead by the Royal Malaysian Police on 14 April 2012 at Billion roundabout, Cheras.

According to the City Criminal Investigation Department chief Ku Chin Wah claimed that the trio were suspects in relation to Shah Alam jewellery shop heist on April 6.

It is embarrassing to note that the model answer from the police in death by shooting cases is always that victims were suspects in a crime, without having to pursue a thorough investigation and/or prosecution in the court of law. It is with regret to recall the death of Aminulrasyid, 15, who was suspected to be a robber and was subsequently shot to death. Have not the Royal Malaysian Police derived any valuable lessons from Aminulrasyid’s untimely demise?

Instant death penalty

This “instant death penalty” sentencing by the police undermines the role and function of the Prosecution and the Judiciary as it broke the chain of due process of a fair trial. Needless to say, police’s conduct, devoid of proper check and balance from what IPCMC could have provided, flew in the face of an individual’s right to life, right to a fair trial and the doctrine presumption of innocence.

It is educational to note Article 3 of United Nations Code of Conduct for Law Enforcement Official stipulates that “law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty”

Article 5 of Basic Principles on the Use of Force and Firearms by Law Enforcement Officials states that, “whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall:

a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved,

b) Minimize damage and injury, and respect and preserve human life…”

SUARAM urges that the police officers involved in the shootings be charged in court in accordance to the law. The deaths of Aidi Noor Hafizal Othman, Noor Azman Othman and Ahmad Soufa Ahman cannot be just a mere entry into the statistics. On this note of extreme urgency, SUARAM urges the government to form the long overdue IPCMC.

R Thevarajan is the Right to Justice Coordinator for SUARAM