Police Brutality in Malaysia: It’s More Serious Than You Think.
On the 25th of May 2020, the world erupted into turmoil as videos of George Floyd, a 46-year-old African American man dying as a white Minneapolis police officer pins him to the ground with his knee on Floyd’s neck was widely circulated around the Internet.
This would be the start of a nation-wide protest on police brutality in America. This movement labeled as ‘Black Lives Matter’ would soon become a tagline that would be echoed all around the world.
Brooklyn 99 To Address Police Brutality
The bustling and energetic Brooklyn 99 crew that staff the 99th Precinct police station in New York City are also looking to address the issue via its signature comedic relief.
According to Andy Samberg, original plans for Season 8 have been scrapped as the show’s writers now intend to balance explorations of police brutality and violence with the show’s signature brand of comedy.
While Season 8 was supposed to be a part of this year’s NBC fall line-up, it was delayed due to the Covid-19 pandemic and the murder of George Floyd which sparked a wave of global protests on police brutality and systemic racism.
“You’ve seen me in movies or whatever, but before all this, I was always a threat. I would be going to the mall or going different places. I’ve had guns pointed at me by police officers in L.A. This was before I was famous” — Terry Crews
We’ve seen it far too many times — officers firing tear gas towards unarmed protestors, extrajudicial killings, unnecessary use of force against civilians— police brutality has been a longstanding issue across the globe. Marginalised communities and people in oppressive political contexts tend to bear the brunt of this ill-treatment the most.
Police Brutality in Malaysia
While the issue of police brutality has not reached the level of awareness as seen in the United States, it is still a relevant issue in Malaysia.
Recently, a video concerning police brutality and abuse of power under the law went viral on Twitter and Instagram.
If you’re have not caught up with recent events, let me break it down for you.
- The Royal Malaysian Police (Polis Diraja Malaysia, PDRM) had allegedly ignored multiple court orders to release 29 Malaysian Indians linked to a shooting in Banting in late-September 2020.
- The Petaling Jaya Magistrates Court ordered their release but the police have yet to comply with the court order. They are using the Security Offences (Special Measures) Act 2012 (SOSMA 2012) to extend the remand of these men to 28 days. These men were also arrested under the Prevention of Crime Act 1959 (POCA 1959) to facilitate investigations into a murder that occurred in 2018.
- Charles Santiago, Member of Parliament of Klang has said the Investigating Officer for the SOSMA case has informed the families of these men that No Further Action (NFA) will be taken.
- Following the allegations, PDRM released a Media Statement on Twitter stating these detainees were suspected to be part of an illegal gang, known as Geng TCB21 and were arrested under Section 130V of the Penal Code, Chapter VIB: Organised Crime.
Geng TCB21 members were alleged to be involved in a multitude of crimes, such as drugs, firearms, murders, riots, robbery, arson, assault and battery.
- However, the independent watchdog — Suara Rakyat Malaysia (SUARAM), has called PDRM to stop abusing the remand process.
Accusations of ‘chain remand’ have been put forward — a process which an arrested persons is remanded and once the 1st remand expires, the police would re-arrest the individual under some other charge or police report, allowing them to circumvent the limitations under the Criminal Procedure Code (CPC).
Reform
I believe we should all take an objective view, and put our due trust into the law. Under Dicey’s Rule of Law, everyone is innocent until proven guilty by a court of law. Lord Bingham, in a House of Lord lecture on 16 November 2006, further expanded on this point by stating:
1. The law must be accessible so far as possible, intelligible, clear and predictable,
2. Questions of legal right and liability should generally be decided by application of the law and not the exercise of the discretion,
3. The law must apply equally to everyone, unless the differences can be justified and
4. The law must provide appropriate protection of essential and basic human rights.
Personally, I feel Malaysian law has a lot of reforms to undertake with regards to police brutality.
The establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) is of paramount importance. A Bill has long been mooted in Parliament but it’s been stuck in limbo— just like Baby Yoda’s predicament in The Mandalorian now — for the past 14 years, to be exact.
In the United Kingdom, Acts of Parliament, such as the Police and Criminal Evidence Act 1984 (PACE 1984), Police Reform and Social Responsibility Act 2011 (PRSR 2011), Crime and Courts Act 2013 (CCA 2013) and other documents such as the Stop and Search Code of Practice and Periodic Review of Detained Persons should be emulated, adapted and introduced into Malaysian law.
Because we have seen even the best, such as Harvey Dent in The Dark Knight, Clone Troopers in Star Wars, and the worst, such as Emperor Palpatine dissolving the Senate using his emergency powers when there is an absence of oversight, protection and clear legal provisions.
Future?
As progressive Malaysians, we should keep abreast with the developments of this case as soon as it is made available. We must show concern for our fellow human beings, but not let emotion and bias hinder us, place our due faith in the law and evaluate this case objectively.
Hopefully, the law relating to the police will be reformed in the future to prevent abuse of due process from ever occurring. May the Force guide us.
Disclaimer: All information displayed in this article is strictly intended for general information and knowledge only. Do seek advice from a qualified lawyer if in need of legal assistance.
This article was written by Low Gro Wen and reviewed by Hew Hoong Liang.
