Justice for Teoh Beng Hock
must include the prosecution and charging of the individual MACC officers
who caused his death, and a disclosure of the TRUTH
——The joint statement by 56 civil society organizations on 24 March
2024
This statement was co-sponsored by the Teoh Beng Hock Association for
Democracy Advancement (TBH-ADA) and the Malaysian Organization Against
Death Penalty and Torture (MADPET) a few days ago, and was signed by
several civil society groups and decided to publish it today (24 March is
the "International Day for Right to Truth" promulgated by the United
Nations). The joint statement call for transformational justice
after the change of regime and seeking truth and justice for the Teoh Beng
Hock's case.
The following is the full text of this statement and the list of groups
participating in the signing (the picture above was added by the editor of Sahabatrakyatmy.blogspot.com )——
We, the undersigned groups and civil society organizations, express our
grave concern that the perpetrators responsible for the wrongful death of
Teoh Beng Hock, fifteen years after his death whilst in the custody of the
Malaysian Anti-Corruption Commission (MACC), have yet to be prosecuted for
the killing or matters related. Justice demands that those that committed
crimes must be charged, accorded a fair trial, and if convicted be sentenced
accordingly.
Teoh Beng Hock, was then the political aide to the Selangor State Executive
Councilor and State Assemblyperson Ean Yong Hian Wah, from the Opposition
Pakatan Rakyat coalition that finally managed to win the 2008 State election
defeating the UMNO-led Barisan Nasional (BN) government for the very first
time, The BN, however retained power at the Federal Government.
In 2009, MACC, under the federal government, launched an investigation into
7 Selangor State assemblypersons from Pakatan Rakyat. Teoh Beng Hock was an
aide of one of them. Many perceived the actions of MACC as a retaliation by
the then BN government that lost the Selangor State elections.
Teoh Beng Hock was arrested and detained by the MACC on 15/7/2009, and he
was then found dead at 1.30pm on 16/7/2009 on a ledge outside the window on
the 5th Floor of Plaza Masalam, where the Selangor MACC office was on the
14th floor. He was allegedly dropped, pushed or fallen out of the 14th floor
window and landed on the 5th floor ledge.
In 2011, the Royal Commission of Inquiry (RCI) concluded that Teoh was
“driven to suicide” or death due to aggressive interrogation methods
deployed by MACC officers. It named three officers as playing a role in his
death: Hishamuddin Hashim, and his junior officers Mohamad Anuar Ismail and
Ashraf Mohd Yunus. This implied that the law had been broken, and possibly
there was torture that may have caused death. The RCI, in our opinion, erred
in suggesting that it was suicide.
The Coroner gave an open verdict, which was varied by the Court of Appeal on
5/9/2014 that ruled that Teoh’s death was accelerated and caused by one or
more unknown persons, including MACC officers. The decisive evidence was
that Teoh’s neck had a pre-fall injury.
On 12/5/2015, the civil suit brought by the late Teoh Beng Hock's family
against the Malaysian Anti-Corruption Commission (MACC), the Government and
12 others for negligence over his death was settled by the Defendants
without the case going to full trial. The defendants agreed to pay the
plaintiffs RM600,000 in damages, and High Court judge Justice Rosnaini Saub
also instructed the defendants to pay costs of RM60,000. It is most likely
that the Government only paid, and none of the other Defendants including
the named MACC officers had to share in the burden of payment of damages and
cost.
Transitional justice aims to provide recognition to victims, enhance the
trust of individuals in State institutions, reinforce respect for human
rights and promote the rule of law, as a step towards reconciliation and the
prevention of new violations. Transitional justice has four pillars: 1)
Truth seeking; 2) Prosecution; 3) Reparations; and 4) Institutional reforms.
Whilst the settlement in the Civil Suit on 12/5/2015 may have settled the
question of reparations, the other pillars of transitional justice
especially truth seeking and prosecution remains.
No one to date has yet to be charged and tried for the killing/death of Teoh
Beng Hock, or other matters that broke the law including illegal
interrogation practices and the deprivation of access to a lawyer of his
choice. The perpetrator cannot be simply be ‘protected’ or dealt with
‘disciplinary actions’. Those who broke the law must be charged and tried in
accordance to the law, and if convicted be sentenced justly.
Paying of compensation or damages, and allowing the actual perpetrators off
scot free is not JUSTICE.
The 1st police investigation in 2009 did not result in anyone being charged
and tried.
Another police investigation was commenced in 2014 after the Court of
Appeal’s finding that the death was ‘caused by one or more unknown persons,
including MACC officers’ also did result in any visible outcome.
When the Opposition Pakatan Harapan came into power after ousting the BN in
the General Elections in 2018, the police commenced another investigation
into the death. On 11 March 2024, in Parliament, Home Minister Saifuddin
Nasution said the police had completed the investigation and submitted the
report to the Attorney-General Chamber (AGC) in August 2023. Such delay in
police investigation is not acceptable.
Almost 8 months have passed since police report has been submitted to the
AGC, and no one has yet been charged in Court for the killing and/or related
matters surrounding the extrajudicial killing of Teoh Beng Hock.
There is a lack of transparency as to what is happening, and simply no
justification for the delays.
Therefore, we, the undersigned call for
1) The immediate charging and prosecution of all MACC Officers
or others that killed and/or caused the death of Teoh Beng Hock;
2) The immediate charging and prosecution of all Officers that
broke the law in their conduct of investigations, including possibly torture
that may have caused the pre-fall injuries on Teoh Beng Hock’s neck;
3) The immediate disclosure of the full TRUTH of what happened
that led to the death of Teoh Beng Hock,
4) Ensure the needed institutional reforms so that no one else
will ever die in MACC’s custody or at MACC. CCTV in the entire MACC
office/building is needed to protect suspect or witness rights and to deter
wrongdoings of MACC officers. The right to immediate access to a lawyer of
the suspects/witness’s choice must never be denied;
5) For a sincere apology be given to the family and friends of
the late Teoh Beng Hock not just by the government and MACC, but also by the
individual MACC officers responsible;
6) Call on Malaysia to amend needed laws and practices to
ensure that law enforcement complies with the law, and there is no more
violation of suspect/witness’s rights in police or MACC’s custody. Death in
custody must end.
7) Call on Malaysia to ratify The Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment
List of Endorsees :
1. Teoh Beng Hock Association for Democratic Advancement (TBH-ADA)
赵明福民主促进会
2. Malaysians Against Death Penalty and Torture (MADPET)
马来西亚反对死刑和酷刑组织
3. Advancing Knowledge in Democracy and Law (AKDL) initiative
4. Agora Society 群议社
5. Aliran
6. Baramkini 当今峇南
7. Beyond Borders Malaysia
8. Building and Wood Workers International (BWI) Asia Pacific Regional
Office
9. Center for Orang Asli Concerns (COAC)
10. Citizens Against Enforced Disappearances (CAGED)
11. Civil Rights Committee of KL & Selangor Chinese Assembly Hall
隆雪华堂民权委员会
12. Coalition for Clean and Fair Elections (BERSIH) 干净与公正选举联盟
13. Eliminating Deaths And Abuse In Custody Together (EDICT)
消除拘留所死亡虐待阵线
14. Empower
15. Freedom Film Network
16. G25 Malaysia
17. GERAK
18. Happy Learning Books 學樂書苑
19. Hayat
20. Johor Yellow Flame 柔南黄色行动小组
21. Lightup Borneo
22. KL & Selangor Chinese Assembly Hall (KLSCAH)
吉隆坡暨雪兰莪中华大会堂
23. Malaysia Muda
24. Malaysian Action for Justice and Unity (MAJU)
25. Mamas Bersih 净选盟母亲团
26. Melaka Chinese Assembly Hall 马六甲中华大会堂
27. Monitoring Sustainability of Globalisation (MSN)
28. National Union of Transport Equipment & Allied Industries Workers
(NUTEAIW)
29. Negeri Sembilan Chinese Assembly Hall 森美兰中华大会堂
30. New Era Power Alliance新院新时代力量联盟
31. New Generation of Universiti Malaya 馬大新世代
32. New Student Movement Alliance of Malaysia (NESA) 大马新学运联盟
33. North South Initiative
34. P320 Community Space (P320社区空间)
35. Pemuda Pertubuhan Penganut Dewa Heng Soon Kong Tai Bak Gong Senai
Johor柔佛州士乃恒顺港大伯公庙青年团
36. Persatuan Amal Progresif
37. Persatuan Bertutur Bahasa Mandarin Malaysia 马来西亚讲华语运动
38. Persatuan Komuniti Prihatin Selangor, KL & Perak 雪隆社区关怀协会
39. Persatuan Sahabat Wanita Selangor
40. Persatuan Siswazah-Siswazah Taiwan Cheng Kung Universiti,
Malaysia馬來西亞留台成功大學校友會
41. Persatuan Tiong Hua Negeri Sembilan 森美兰华人益赛会
42. Persatuan Wanita Maju Selangor & Kuala Lumpur 雪隆妇女前进会
43. Pusat Komas
44. Rahman Solidarity League 拉曼团结联盟
45. Rahman Student League 拉曼学生联盟
46. Sahabat Rakyat Working Committee 人民之友工委会
47. Saya Anak Bangsa Malaysia (SABM)
48. Sedarjat
49. Society for the Promotion of Human Rights（Proham）
50. Stateless.my
51. Student Progressive Front (SPF) 北方大学前进阵线
52. Suara Rakyat Malaysia (SUARAM) 人民之声
53. Sunflower Electoral Education Movement(SEED) 向日葵选举教育运动
54. University of Malaya Association of New Youth (UMANY) 马大新青年
55. WH4C (Workers Hub For Change)
56. Youth Section of KL & Selangor Chinese Assembly Hall 隆雪华堂青年团
