We, the 16 undersigned groups and organizations is appalled at yet another extrajudicial killing by Malaysian police that happened on 13/8/2024(The Sun), whereby immediately after that the public is fed with the police version of what happened in an attempt to absolve the police from guilt, and with allegations that the deceased was a ‘bad person’. Was there even sufficient time for the police to conduct a proper investigation into the killing? Were the police officers in uniform or in a easily identifiable police vehicle?

In cases of extrajudicial killing, it is the police that caused the killing who should be investigated for the crime of murder and culpable homicide, not the deceased.

However, it must be noted that there have been several cases in Malaysia, where the police version of what happened was found to be LIES.

Police Version Of What Happened Found To Be False

The High Court in Ipoh on 1/2/2024 set aside an open verdict delivered in an inquest involving a police shooting in Sitiawan, Perak nearly eight years ago, and ruled it to be a homicide. “This court, under the Chief Justice’s Direction No 2 of 2019, makes a finding of homicide against the police,” he[Judicial commissioner Moses Susayan] said..’ The police and prosecution version were that Mohan got out of the vehicle and fired at the policemen, forcing them to shoot back. However, there were ‘…no bullet casing from the purported revolver used by Mohan was found. Neither were fingerprints, DNA or gunshot residue found on the alleged gun or the deceased. The Inspector-General’s Standing Orders that requires police to fire warning shots and to shoot at the leg was probably not followed. (FMT)

On 31/5/2023 that the coroner’s court, presided by Coroner Rasyihah Ghazali, for ‘police shooting that resulted in death of 3, ‘…. concluded that there was abuse of power and elements of a criminal nature in the death of three men who were shot at close range by police three years ago. “The shots were not fired in self-defense. There was abuse of power and (actions in the nature of) criminal elements by police in the death of the men,”… She said police witnesses gave evidence that shots were fired at the men from an upright position but post-mortem reports stated that the bullets pierced their bodies at a downward angle. … “The weapons described by the ballistic expert (Izzuwan Marzuki) and the investigating officer (P Visvanathan) were also in conflict,” (FMT, 31/5/2023)

We sadly note that there has been no news about the said police personnel found criminally liable for the killing being investigated and/or charged in the courts, despite the findings of the Coroner and/or the Court.

End Perception that Malaysia Protects Law Enforcement Who Broke the Law

The perception that Malaysia protects police and law enforcement officers from criminal prosecution must end. This is not a matter to be dealt with through internal disciplinary actions – but requires the suspected police officers to be charged and tried in Court.

Sadly, in most of these extrajudicial killings, we do not hear about the findings of the Independent Coroner, who is legally the person who will enquire and determine the cause of death, including whether any person, including the police, was criminally liable for the death. Hence, we only have the police version of what happened issued hours after the killing.

The Home Minister must disclose the findings of the Coroner’s Inquiry of all cases of extrajudicial killing by law enforcement. He must explain why the police have not been charged in court for the crime of killing. Whether, the police’s defence of ‘self defence’ will succeed is something for the Court to decide – not the police, the prosecution, the Minister or the government of the day.

Coroner must investigate immediately, and decide fast

In cases of police killing that we hear about the Coroner’s findings, it is simply too long after the said killing occurred. In cases of extrajudicial killings and deaths in custody of law enforcement, Coroners must speedily inquire into the death and render a decision as fast as possible, preferably within a month, not after years. Coroners must not only rely on the police for evidence, but also do their own independent investigations as the police do ‘lie’ at times to maybe protect their own officers.

Police are the suspects – not the deceased

In extrajudicial killings, the suspects of the crime is the POLICE, not the deceased. It is the police suspects that need to be investigated, and not the deceased. It was odd, that a media report stated that the police had commenced an investigation ‘…under the Penal Code for attempted murder’. Are they investigating the deceased, for if they are investigating the police, it should be an investigation for murder, not attempted murder since the victim died. (NST, 13/8/2024)

Extrajudicial Killings Must Be Criminalized – An offence and a deterrent penalty

Extrajudicial, summary or arbitrary executions – is the deliberate killing of individuals outside of any legal framework – are a violation of this most fundamental right. In Malaysia, the Federal Constitution acknowledges the right to life, and in Article 5(1) states that ‘No person shall be deprived of his life …. save in accordance with law’ and this means that the State or its officers can generally only kill someone after he has been tried, convicted and sentenced to death. When it comes to the police, their duty is merely to arrest and investigate suspects – not kill them.

Malaysian law, on arrest is very clear and right to kill is limited to persons who have already been charged in court, being the time, a suspect becomes an accused, for an offence that carries the death penalty or sentence of imprisonment of 30 years or more.

Section 15 of the Criminal Procedure Code, amongst others, state that ‘…(2) If such person forcibly resist the endeavour to arrest him or attempt to evade the arrest such officer or other person may use all means necessary to effect the arrest.(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for a term of not less than thirty years but not exceeding forty years or with imprisonment for life.’

In all the known cases, those that end up being shot dead are certainly not accused persons facing trial for such serious offences.

Malaysia must enact a law making extra-judicial killing by law enforcement a crime with a deterrent penalty, as the killers in these cases are public officers responsible for law enforcement, who should never ignore the law and kill suspects, witnesses or others during the performance of their duties. The fact that we have murder and other killing offences in the law is insufficient, and the criminalizing of extrajudicial killings also will indicate Malaysia’s strong position against such killings.

First response by Home Minister is to APOLOGIZE and ensure proper investigation

After anyone is killed whilst making arrest or in police custody, the Home Minister Saifuddin Nasution Ismail first response should be to apologize for the death of any suspect. No one during arrest, custody and investigations by law enforcement should die.

He should also commit to an immediate independent investigation and for a speedy Coroner’s inquiry to determine the truth of what really happened. Was there any acceptable legal defence for the killing of persons by the police? In any case, the police personnel involved should be investigated and charged, and it is up to the Court to determine whether any defence, including self-defence will succeed in avoiding conviction.

The Minister is responsible for the police, but that does not translate that he should always come out in defence of police actions and/or ‘justifying’ possible criminal wrongdoings, trusting the police version of the facts.

On the face of it, the police broke the law when they failed to arrest a suspect alive.

Hence, as Minister responsible, he must come out expressing his remorse for what happened, and commit to a thorough investigation to determine the truth. He must also make sure that the police do not try to prematurely justify killings on the basis that the deceased was a ‘bad person’. He must leave the determination of guilt to the Courts.

It is not for the police to decide whether one is a criminal or not, or whether they deceive the death sentence. They are not ‘judge, jury and executioner’ – the police is NOT ‘a person or group who has unchecked power to make decisions, impose punishments, and carry out those punishments without due process or oversight.’

Therefore, we call

Call for the criminalization of extrajudicial killing, making it a crime with a deterrent penalty;

Call on Malaysia to adopt the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, as rrecommended by the United Nation’s Economic and Social Council resolution 1989/65 of 24 May 1989, which, amongst others, state that ‘Governments shall prohibit by law all extra-legal, arbitrary and summary executions and shall ensure that any such executions are recognized as offences under their criminal laws, and are punishable by appropriate penalties which take into account the seriousness of such offences…’

Call on the Home Minister to disclose findings of the Coroner in all cases of extra-judicial killings in Malaysia, and explain why the said police officers or law enforcement personnel have NOT been charged and tried in Court for the said killings.

Call on Malaysia to end the ‘defamation’ of the dead, as an attempt to ‘justify’ the killings by law enforcement.

Call for the police officers responsible for the death of suspects and others be charged and tried in Court, for it is Court only that determines guilt, and whether any defence for the said crime including self-defence is accepted.

Charles Hector
Ng Yap Hwa

For and on behalf of the 16 groups listed below

• ALIRAN
• MADPET (Malaysians Against Death Penalty and Torture)
• Teoh Beng Hock Association for Democratic Advancement
• WH4C (Workers Hub For Change)
• Anti-Death Penalty Asia Network (ADPAN)
• Association Of Home And Maquila Workers (ATRAHDOM), Guatemala
• Banglar Manabadhikar Suraksha Mancha (MASUM), India
• Citizens Against Enforced Disappearances (CAGED)
• Democratic Commission for Human Development, Lahore, Pakistan
• Global Women’s Strike, United Kingdom
• Legal Action for Women, United Kingdom
• Programme Against Custodial Torture & Impunity (PACTI), India
• Redemption, Pakistan
• Sabah Timber Industry Employees Union (STIEU)
• Union of Domestic, Maquila, Nexas and Related Workers (SITRADOM), Guatemala
• Yaung Chi Oo Workers’ Association (YCOWA)

Indian authorities have arbitrarily detained Kashmiri human rights defender Khurram Parvez for over 1,000 days.  Khurram remains incarcerated in a maximum-security prison in Delhi, India, in reprisal for his vital and commendable human rights work.  We, the undersigned organisations, call once again for his immediate and unconditional release. We further demand an end to the Indian authorities’ relentless repression targeting Kashmiri human rights defenders, journalists, scholars and dissidents.

Khurram is the Program Coordinator of the Jammu Kashmir Coalition of Civil Society (JKCCS), a civil society organisation in Indian-administered Kashmir that has, due to repression, ceased to operate.  He is also the Deputy Secretary-General of the International Federation for Human Rights (FIDH) and the Chairperson of the Asian Federation against Involuntary Disappearances (AFAD). His longstanding human rights work has earned him widespread international recognition, including the Martin Ennals Award (2023) and the Reebok Human Rights Award (2006).  

Khurram was arrested on November 22, 2021, by India’s counter-terrorism authority, the National Investigation Agency (NIA), on politically-motivated charges including “waging, or attempting to wage war, or abetting waging of war, against the government of India” as an act of reprisal for his human rights work.  While imprisoned, Indian authorities arrested him again in March 2023 in a separate case on false charges of “terror financing” along with journalist and human rights defender Irfan Mehraj (who also remains arbitrarily detained in a maximum-security  prison, now for over 500 days).  Khurram had been imprisoned by Indian authorities previously and also been harassed and targeted by Indian authorities for years.  In September 2016, he was prevented from attending the United Nations Human Rights Council and arbitrarily detained for 76 days.  

Khurram’s continued arbitrary detention is emblematic of the Indian authorities’ escalating crackdown on human rights and civic space in Indian-administered Kashmir, including on the rights to freedom of expression and association. The ongoing crackdown by the Indian authorities is part of a wider pattern of human rights violations, often committed with impunity. The specific escalation targeting Kashmiri human rights defenders and journalists illustrated by Khurram’s and Irfan’s cases has shown that Indian authorities continue to commit grave and systematic violations with minimal scrutiny.  

There has been widespread condemnation of the Indian authorities’ persecution of Khurram and Irfan, including by United Nations human rights experts and international civil society. The Indian government, however, has continued to respond with further violations and repression, labelling and prosecuting human rights defenders and journalists as terrorists. We demand that Indian authorities immediately and unconditionally release Khurram and Irfan, drop all charges against them and end the pattern of targeting of Kashmiri human rights defenders, journalists, scholars and dissidents. Indian authorities must immediately comply with their international legal obligations, including by allowing civil society to freely operate in Indian-administered Kashmir, and cease their longstanding obstruction of international civil society and inter-governmental organisations, including the Office of the High Commissioner for Human Rights (OHCHR), UN Special Procedures and other human rights mechanisms, which should have unfettered access to Indian-administered Kashmir and Kashmiri detainees. The Indian government must halt its continuous crackdown and repression, while also guaranteeing transparent, independent and full accountability for human rights violations.   The international community, especially the Member States of the UN, should urge the Indian government, both bilaterally and publicly, to stop criminalizing the defense of human rights in Indian-administered Kashmir.

—————

Signed:  

• Anti-Death Penalty Asia Network (ADPAN)
• Asian Federation Against Involuntary Disappearances (AFAD)
• Asian Forum for Human Rights and Development (FORUM-ASIA)
• CIVICUS: World Alliance for Citizen Participation
• FIDH (International Federation for Human Rights), in the framework of the Observatory for the Protection of Human Rights Defenders
• Kashmir Law and Justice Project
• World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

Dear Minister of Justice, Honorable Titus Mvalo

Ahead of this joint letter, the World Coalition Against the Death Penalty would like to express its deepest condolences to the Government and people of Malawi for the passing of Vice President Mr. Saulos Chilima on 11 June 2024.

The World Coalition Against the Death Penalty is an alliance of more than 170 NGOs, bar associations, local authorities, and unions, whose aim is to strengthen the international dimension of the fight against the death penalty. The last few years have been marked by many advances in the abolitionist movement at the global level. This abolitionist momentum is particularly evident on the African continent. In recent years, fourteen African States have abolished the death penalty for all crimes: Rwanda in 2007, Togo and Burundi in 2009, Gabon in 2010, Benin in 2012, Congo and Madagascar in 2015, Guinea in 2016, Burkina Faso in 2018, Chad in 2020, Sierra Leone in 2021, and Central African Republic, Equatorial Guinea for ordinary crimes, and Zambia in 2022. In 2023, Ghana adopted a law to abolish the death penalty for ordinary crimes. Today, 27 out of 55 African Union Member States have abolished the death penalty in law and 15 States have a de jure or de facto moratorium on executions. 

The steps that the Republic of Malawi have recently taken in view of abolition of the death penalty have been commendable. In this regard, we at the World Coalition Against the Death Penalty note the progressive decision by His Excellency Dr. Lazarus Chakwera, President of the Republic, to commute all death sentences in Malawi to life imprisonment in 2022. We are further pleased to note that since His Excellency the President’s clearance of the death row through clemency, no Malawian court has sentenced anyone to death, ensuring that at the writing of this letter, Malawi’s death row remains empty.

The World Coalition Against the Death Penalty and 67 other co-signing organizations are impressed to note that in 2022, the Parliamentary Legal Affairs Committee organized public consultations on the use of the death penalty, resulting in an overwhelming majority supporting abolition. We understand that this extensive consultative process was followed by another nationwide enquiry on the same topic, led by the Minister of Justice in January of 2023. We note that the majority of the delegates to this public enquiry also supported your Ministry’s plans to abolish capital punishment in Malawi.

At the end of last year, the World Coalition Against the Death Penalty partnered with the non-governmental organization Reprieve and the Parliament of Malawi in a highly successful engagement involving the women’s caucus of Parliament. At this event, women law-makers in Malawi decisively endorsed abolition and pledged their support for an abolition bill if it were to be brought to Parliament. 

It is against this background that the World Coalition is certain that Malawi is ready to abolish capital punishment once and for all. Drawing on its observation of successful abolitionist movements across the African continent, that notably includes Zambia (who engaged in a learning-based exchange with Malawi officials in October 2023 on the importance of abolition), the World Coalition and its member organizations believe that the Malawian Government, through the Ministry of Justice, holds the key to abolition; initiating a government bill to abolish the death penalty.  

Taking decisive action on abolition will reaffirm Malawi’s position as a leader in the respect, protection, and promotion of human rights both in Africa and the world at large. Abolition will also go a long way towards securing Malawi’s place as a leader in criminal justice reform on the African continent and allow Malawi to join her neighbours who have led in the region on the abolition of the death penalty. Importantly, abolition at this time will also reflect well upon Malawi’s status as a member of the Human Rights Council and will cement the current Government’s legacy of commitment to the rule of law and the promotion of human rights. With the desire to build on this positive momentum towards abolition in Malawi, the World Coalition Against the Death Penalty and the following 67 cosigning organizations look forward to progress in your country’s next parliamentary session that may include a government bill to abolish the death penalty. 

Yours sincerely,

Matthew Goldberg 

President of the World Coalition Against the Death Penalty

LETTER CO-SIGNED BY:

1. A World Without Chemical & Biological Weapons- WWW (Iraq- Kurdistan)
2. Abolition Death Penalty of Iraq Organization (Iraq)
3. Action by Christians for the Abolition of Torture Congo- ACAT (Congo)
4. Action by Christians for the Abolition of Torture Germany- ACAT (Germany)
5. Action by Christians for the Abolition of Torture Ghana- ACAT (Ghana)
6. Anfal Story’s Organization (Iraq- Kurdistan)
7. Anti-Death Penalty Asia Network- ADPAN
8. Association of Defending the Anfal Victims & their Families (Iraq- Kurdistan)
9. Catholic Commission for Justice and Peace (Malawi)
10. Capital Punishment Justice Project- CPJP (Australia/ International)
11. Center for Prisoners’ Rights- CPR (Japan)
12. Centre d’Observation des Droits de l’homme et d’Assistance Sociale- CODHAS (DRC)
13. Centre for Human Rights Education, Advice and Assistance (Malawi)
14. Centre for Human Rights and Rehabilitation (Malawi)
15. Children Education Society- CHESO (Tanzania)
16. Coalition of Somali Human Rights Defenders- CSHRDS (Somalia)
17. Communità du Sant’Egidio (International)
18. Community of Sant’Egidio (Branch in Malawi)
19. Congolese Coalition against the Death Penalty (Republic of the Congo)
20. Cornell Center on Death Penalty Worldwide (USA/ International)
21. Death Penalty Focus- DPA (USA)
22. Ditshwanelo- The Botswana Centre for Human Rights (Botswana)
23. Droits et Paix (Cameroon)
24. Foundation for Human Rights Initiative- FHRI (Uganda)
25. German Coalition to Abolish the Death Penalty- GCADP (Germany)
26. Halabja Chemical Victim’s Society (Iraq- Kurdistan)
27. Hope Behind Bars Africa (Nigeria)
28. Human Rights Dallas (USA)
29. Humanity Diaspo (France)
30. International Association of Lawyers- UIA (International)
31. Italian Federation for Human Rights- FIDU (Italy)
32. Ivory Coast Human Rights League- LIDHO (Ivory Coast)
33. Just Detention International- JDI-SA (South Africa)
34. Kenya Human Rights Commission (Kenya)
35. Kurdistan Without Genocide (Iraq- Kurdistan)
36. Kurdpa Human Rights Organization (Iran)
37. Kurdish Organizations Network Coalition for the International Criminal Court- KONCICC (Iraq- Kurdistan)
38. Lembaga Bantuan Hukum Masyarakat- Community Legal Aid Institute (Indonesia)
39. Life Campaign to Abolish the Death Sentence in Kurdistan (Iraq- Kurdistan)
40. Manawa Organization for Martyrs & Anfal’s Inquiry (Iraq- Kurdistan)
41. Network of Human Rights Organizations and Activists for the Abolition of the death penalty- RADHOMA (DRC)
42. Burundi Prison Observatory- Observatoire Burundais des Prisons (Burundi)
43. Organization Against Torture in Tunisia (Organisation contre la torture en Tunisie) (Tunisia)
44. Organization Against Weapons of Mass Destruction in Kurdistan (Iraq- Kurdistan)
45. Organization of Defending Mass Graves Victims’ Rights (Iraq- Kurdistan)
46. Organization of the Justice Campaign (Iraq- Kurdistan)
47. Paralegal Advisory Service Institute (Malawi)
48. Paris Bar Association (France/ International)
49. Parliamentarians for Global Action- PGA (International)
50. Pax Christi Uvira absl (DRC)
51. Penal Reform International- PRI (International)
52. Prisoner’s Future Foundation- PFF (Zambia)
53. Reprieve (International)
54. Rescue Alternatives Liberia – RAL (Liberia)
55. SALAM for Democracy and Human Rights (Bahrain)
56. Southern Methodist University Human Rights Program (USA)
57. Syndicat National des Agents de la Formation de l’Education du Niger- SYNAFEN (Niger)
58. Transitional Justice Working Group- TJWG (South Korea)
59. The Advocates for Human Rights (USA/ International)
60. The International Bar Association’s Human Rights Institute- IBARHI (International)
61. The Kenyan Section of the International Commission of Jurists (Kenya)
62. Think Centre (Singapore)
63. Together Against the Death Penalty- ECPM (France/ International)
64. Topzawa: A Magazine Specialized in Genocide and Anfal Issues (Iraq- Kurdistan)
65. Tunisian Coalition Against the Death Penalty (Tunisia)
66. Youth and Society (Malawi)
67. Witness to Innocence (USA)

Despite a growing number of countries worldwide joining the abolitionist movement every year, bringing the prospect of universal abolition closer to reality, the death penalty remains a significant human rights concern. In 2023 alone, Amnesty International recorded 1,153 executions (excluding China, North Korea and Viet Nam, due to unavailable data), marking a 31% increase from the previous year and the highest number since 2015. These executions were carried out by only 16 countries, the fewest on record according to Amnesty International. 

Not only is the death penalty a violation of the fundamental right to life, but too often, these executions are related to offences that do not meet the threshold of the “most serious crimes,” according to international human rights law and standards. They also disproportionately affect the most vulnerable communities, including ethnic minorities, people living in poverty, individuals with mental disabilities, as well as the LGBTQI+ community. Furthermore, and despite the increasing isolation of retentionist countries, the abolitionist movement is deeply concerned about threats of potential resumption of executions in countries currently applying moratoriums.

Until all countries abolish the death penalty, human rights of individuals, particularly those marginalized, will be threatened. 

More than ever, civil society needs to join forces and speak with one voice to clearly express that the struggle against the death penalty is a fight for human rights. Debates need to occur in public spaces, and awareness must be raised about the cruelty of this practice. We all have a role to play in this fight, because capital punishment is not, and will never be, a form of justice; it is an act of revenge.

Joined by this conviction, 25 abolitionist organizations, including regional networks, grassroots organizations and international NGOs have come together to form the Global Consortium for Death Penalty Abolition. Funded by the European Union and led by the World Coalition Against the Death Penalty, this civil society-led initiative aims to amplify the voice and influence of the abolitionist movement on a global scale. It has two main objectives:

1. To increase the influence of the abolitionist movement in relevant decision-making processes and decision-making spaces. 
2. To expand and create a more diverse abolitionist ecosystem at the global, regional and national level.

By coordinating efforts, strengthening collaboration, providing financial support, and sharing best practices, the Consortium aims to empower civil society organizations to more effectively advocate for abolition and support stakeholders’ action at the national, regional and international levels. 

The Consortium will operate in 40 target countries, divided in four categories and strategies: 

1. Promoting transparency in hardcore retentionist countries; 
2. Reducing the scope in retentionist countries with a possibility for change; 
3. Achieving abolition in law in countries that are abolitionist in practice; and 
4. Encouraging the ratification of abolitionist treaties in abolitionist countries in law.

The Global Consortium for Death Penalty Abolition represents a unified response to ensure that every person, regardless of their circumstances, is free from the threat of capital punishment.

The Global Consortium for Death Penalty Abolition is led by the World Coalition Against the Death Penalty, together with twelve members including 4 co-leads, and the support of twelve affiliate members. 

Members and affiliated members: 

1. Anti-Death Penalty Asia Network (ADPAN)
2. Comunità di Sant’Egidio
3. Ensemble contre la peine de mort (ECPM)
4. Greater Caribbean for Life (GCL)
5. Harm Reduction International (HRI)
6. International Federation of ACATs (FIACAT)
7. Parliamentarians for Global Action (PGA)
8. Penal Reform International (PRI)
9. Reprieve 
10. The Death Penalty Project (DPP)
11. The Rights Practice (TRP)
12. Witness to Innocence (WTI)
13. Bahrain Institute for Human Rights and Democracy (BIRD)
14. Culture pour la Paix et la Justice (CPJ)
15. Droits et Paix 
16. European Saudi Organization for Human Rights (ESOHR)
17. Foundation for Human Rights Initiative (FHRI)
18. The Kenyan Section of the International Commission of Jurists (ICJ Kenya)
19. Iran Human Rights (IHRNGO)
20. The Commission for the disappeared and victims of violence (KontraS)
21. Lembaga Bantuan Hukum Masyarakat (LBHM)
22. Taiwan Alliance to End the Death Penalty (TAEDP)
23. The Advocates for Human Rights (TAHR)