The Malaysian Bar is shocked at the news of the death of Teoh Beng Hock, political secretary to Selangor state executive councillor Ean Yong Hian Wah.
The reported actions and omissions of the Malaysian Anti–Corruption Commission (MACC) call into serious question the treatment of witnesses and suspects, and the methods of interrogation used on them by law enforcement officials.
The reported actions and omissions of the Malaysian Anti–Corruption Commission (MACC) call into serious question the treatment of witnesses and suspects, and the methods of interrogation used on them by law enforcement officials.
It is astounding that yet another individual has been found dead, under highly–questionable and dubious circumstances, in the context of an investigation conducted by yet another law enforcement agency. Such incidents merely cement, in the public mind, the perception that law enforcement officers are either negligent or reckless in fulfilling the duty of care that they owe to those who have been called in to assist in investigations; even worse, severely abusive towards them.
This is not the first time that the MACC has reportedly held witnesses and interrogated them overnight. It is indefensible that a witness in a routine investigation should have been deprived of sleep and interrogated for more than eight hours, reportedly from about 5 p.m. until 3.45 the next morning. Even detained persons have the right not to be interrogated during the night. Rule 20 of the Lockup Rules 1953 provides that detainees “shall be locked up for the night by 6.30 p.m. and shall rise and be dressed by 6.30 a.m.” They are to be allowed adequate rest. If there was insufficient time to finish questioning Teoh during reasonable hours of the day, he should have been released and asked to return on another day. He was not a flight risk, and indeed was to have had a civil registry marriage on the following day.
Even more inexcusable and unacceptable is that Teoh was denied access to legal counsel during questioning. The presence of a lawyer when an individual is questioned or arrested promotes accountability because lawyers serve as a check–and–balance, on the spot, against excess and abuse by law enforcement officers. Law enforcement agencies command far more physical and tangible power than any other public service agency, and hence a mechanism for accountability is all the more necessary. Access to legal counsel is a highly imperative safeguard for the rights of detained persons. It is for these reasons that Article 5 of the Federal Constitution and Section 28A(4) of the Criminal Procedure Code (CPC) have been provided in order to guarantee a detained person’s right of access to a legal practitioner of his/her choice. These provisions must be jealously safeguarded.
All MACC officers who were part of Teoh’s interrogation must be suspended immediately. All officers who had contact with Teoh must be questioned to establish a detailed record of accountability for his whereabouts and welfare. The investigation papers and diaries/logbooks should also be seized to avoid allegations of tampering.
The manner of Teoh’s interrogation amounts to torture according to internationally–accepted human rights norms such as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment 1984 and the International Covenant of Civil and Political Rights 1966.
Given the above, we demand that the Federal Government establish a Royal Commission of Enquiry to investigate the circumstances of Teoh’s death and to review MACC’s protocols on interrogation and investigation techniques.
We note that this incident is the latest in a deplorable string of deaths occurring in the context of investigations carried out by law enforcement agencies. This must be the last.
Our heartfelt condolences go out to Teoh’s fiancée and family.
Ragunath Kesavan
President
Malaysian Bar
18 July 2009
This is not the first time that the MACC has reportedly held witnesses and interrogated them overnight. It is indefensible that a witness in a routine investigation should have been deprived of sleep and interrogated for more than eight hours, reportedly from about 5 p.m. until 3.45 the next morning. Even detained persons have the right not to be interrogated during the night. Rule 20 of the Lockup Rules 1953 provides that detainees “shall be locked up for the night by 6.30 p.m. and shall rise and be dressed by 6.30 a.m.” They are to be allowed adequate rest. If there was insufficient time to finish questioning Teoh during reasonable hours of the day, he should have been released and asked to return on another day. He was not a flight risk, and indeed was to have had a civil registry marriage on the following day.
Even more inexcusable and unacceptable is that Teoh was denied access to legal counsel during questioning. The presence of a lawyer when an individual is questioned or arrested promotes accountability because lawyers serve as a check–and–balance, on the spot, against excess and abuse by law enforcement officers. Law enforcement agencies command far more physical and tangible power than any other public service agency, and hence a mechanism for accountability is all the more necessary. Access to legal counsel is a highly imperative safeguard for the rights of detained persons. It is for these reasons that Article 5 of the Federal Constitution and Section 28A(4) of the Criminal Procedure Code (CPC) have been provided in order to guarantee a detained person’s right of access to a legal practitioner of his/her choice. These provisions must be jealously safeguarded.
All MACC officers who were part of Teoh’s interrogation must be suspended immediately. All officers who had contact with Teoh must be questioned to establish a detailed record of accountability for his whereabouts and welfare. The investigation papers and diaries/logbooks should also be seized to avoid allegations of tampering.
The manner of Teoh’s interrogation amounts to torture according to internationally–accepted human rights norms such as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment 1984 and the International Covenant of Civil and Political Rights 1966.
Given the above, we demand that the Federal Government establish a Royal Commission of Enquiry to investigate the circumstances of Teoh’s death and to review MACC’s protocols on interrogation and investigation techniques.
We note that this incident is the latest in a deplorable string of deaths occurring in the context of investigations carried out by law enforcement agencies. This must be the last.
Our heartfelt condolences go out to Teoh’s fiancée and family.
Ragunath Kesavan
President
Malaysian Bar
18 July 2009