As we somberly approach the last quarter of the year, on the precipice of a global breakdown, this debilitating virus continues to sweep across the planet, contributing more than most to 2020’s unprecedented status. Alongside the coronavirus pandemic, we are battling another, more historically-rooted but equally dangerous pandemic. Police brutality and racial discrimination are stains woven into the fabric of society that will eventually tear humanity apart if efforts to address it are not as concerted as those addressing COVID-19.  

As Malaysians continue to fight in solidarity with the Black Lives Matter movement, it is paramount that the nation confronts its own baggage of police brutality, which should not go unnoticed. Many Malaysians are seemingly still not aware of such issues happening in their own backyard, and highlighting the necessity of having conversations about the nation’s own law enforcement is crucial.   

This article attempts to highlight certain deeply harrowing cases of police brutality in Malaysia and discuss critical calls for the establishing of an Independent Police Complaints and Misconduct Commission (IPCMC) to ensure police accountability. 

POLICE TORTURE IN CUSTODY RESULTS IN LASTING HARM, DEATH

In May 2019, S. Mahendran, a 30-year-old Indian-Malaysian man, was arrested and held in custody on suspicion of an armed robbery. Essentially, Mahendran was assaulted, tasered, and coerced into making a confession by having his genitals rubbed with chilli paste by the policemen. As though this abuse was not inhumane enough, he was then forced to lay naked on ice cubes. The police threatened to rape Mahendran’s daughter and mother with the intent to elicit a confession. Mahendran’s torture lasted for an excruciating 13 hours. He was, needless to say, deeply traumatised after this extended encounter with the authorities. Mahendran was denied his human rights by law enforcement, which begs the question: Who are citizens supposed to call in times of such abuse when such the scourge itself is from the police? 

In response to complaints about this torture, the same police headquarters that abused Mahendran led the internal investigation against their own officers for the alleged assault. Without a proper independent body overseeing such cases of police violence, guilty officers will most likely just receive light reprehension and, in the end, escape scot-free despite their acts of brutality.

In another case, a man died in police custody. S. Balamurugan was arrested in 2017. At the police station, Balamurugan was “slapped in the face and punched in the chest during questioning”. His family could hear him screaming in pain whilst in detention. During his remand hearing, the magistrate ordered Balamurugan to the hospital, noting his injuries and weaknesses. However, the authorities instead took Balamurugan back to the police station where he received no medical attention. He died just after midnight that evening. 

CALLS FOR ACCOUNTABILITY 

The magnitude of mistreatment marks the government’s failure to protect the rights of human beings. These cases need to be spoken about and circulated widely. The fact that police abuse of power denied Balamurugan his life, even before he got his day in court is completely unjustified.  

Between 2002 and 2016, there were 257 deaths in police custody, but according to human rights group Suara Rakyat Malaysia (SUARAM), the number of cases which were publicly reported was as low as 62. This translates to the figure of only one in four cases of deaths in police custody getting public attention whilst the rest go unnoticed by anyone but the victims’ families.  

In order to “police” police officers themselves and ensure bent cops are brought to justice, the Independent Police Complaints and Misconduct Commission (IPCMC) needs to be established. As of now, the Enforcement Agency Integrity Commission (EAIC) is responsible for overseeing disciplinary conduct of all enforcement officers, including the Immigration Department, Labour Department, and others. However, with its powers only extending as far as probing cases and conducting investigations, it cannot prosecute alleged officers and can only recommend the appropriate action to be taken. 

The IPCMC would be an independent body empowered to investigate complaints of abuse received in regard to police abuse of power and mete out appropriate disciplinary actions to the errant officers. Placing the accused officers under proper scrutiny will cultivate a measure of police accountability and will also engender greater transparency within the police force. The lack of fear of accountability within the fraternity has developed and moulded a culture where officers unscrupulously behave and act above the law, as shown in cases of Balamurugan and Mahendran.  

As Pakatan Harapan, the previous Malaysian political coalition that was in power, had pledged to establish IPCMC in its election manifesto in 2018, the questions many want answered now relate to the current position of the bill and when the next steps will be taken. Currently mired in the global plague, which is the government’s top priority, any engagement or discussions pertaining to IPCMC have been halted. However, human rights groups are pressuring the government to expedite the formation of IPCMC. 

If a proper independent body will not be established to hold roguish police officers accountable for their crimes against humanity, there will be a never-ending war against police violence: a pandemic within a pandemic. Without any immediate action, police brutality in Malaysia will fester into a permanent societal disease where more lives will be lost at the hands of the police, and all accountability will be lost.

Andrea is an aspiring barrister, currently undertaking the Bar course. Passionate about Human Rights, Andrea acknowledges the distressing deprivation of rights in this world and endeavors to spread awareness through writing.