Beaten to death: Family still waiting for answers after 21 months

A 22-year-old student was found dead in a surau in Mersing, Johor, on Dec 19, 2022, a day after going missing from his hostel.

There were 53 injuries on Muhammad Atif Abu Bakar’s body.

The death was caused by traumatic asphyxia (pressure on the chest) disrupting the blood flow from the heart.

After more than a year and a half of police investigations, the family was finally informed that no further action would be taken.

They were also advised to refer the case to a magistrate as the police have decided not to pursue the matter further.

For the victim’s family, this decision was unacceptable.

Travelling more than 350km from their home, they held a press conference in Petaling Jaya today with their lawyer and the human rights NGO Eliminating Deaths and Abuse in Custody (Edict) to demand justice.

‘It can’t go on like this’

Suspecting that Atif was beaten to death by a crowd, Abu Bakar Ja’afar, 62, said his late son deserved justice, even though he was alleged to be mentally unstable during the incident.

“But this case has dragged on for far too long, and we don’t know what’s happening. The hostel (management) didn’t inform us of anything, they just told me to get the reports (related to Atif). I went everywhere, but it’s all silent, no updates.

“I want to know the cause of my son’s death. With all the beating marks, the forensic report after the post-mortem stated that his death was caused by pressure leading to a lack of oxygen.

“So, who caused that pressure? I want to know,” he said.

Abu Bakar said he had trusted the police and left them to conduct the investigation.

“But it’s almost two years now. My eldest son said it can’t go on like this, remaining silent. I was told that nine to 10 people had been arrested.

“I firmly believed the police would help me, but I’ve been waiting, and still, there’s no decision. It’s just silence,” he said.

Mentally unstable?

Recalling the tragic incident, Abu Bakar said that on the day of the death, Atif had called him, asking to be picked up from the hostel the following day.

However, Atif left the hostel earlier and was found dead in the Surau Taman Wawasan - about 15km from his hostel at the Mersing Industrial Training Institute.

Meanwhile, Atif’s brother Muhammad Aiman, 32, said the police previously informed the family that his brother was mentally unstable during the incident.

He said he was told that the deceased had removed his clothes, disturbed the public, and kicked passing motorcycles before disappearing into the forest in Mersing.

After searching all day, the victim was eventually found in Surau Taman Wawasan - about 15km from his hostel at the Mersing Industrial Training Institute.

According to the family, although investigations and arrests were made shortly after the death, there had been no further developments until they were recently asked to file a new police report.

The report was made on Sept 15, 2024.

On the same day, the police concluded that no further investigation would be conducted, and the complainant was advised to refer to the magistrate.

They had not made a report earlier because they believed the authorities were already taking the necessary measures.

‘Cops don’t know the law’

Meanwhile, the family’s lawyer, M Visvanathan, questioned the police’s actions almost two years after the incident.

He said the police’s requests for the family to refer to a magistrate for further action also demonstrate they “don’t know the law”.

Under Section 13 of the Criminal Procedure Code, when there is a suspicious death or if the cause of death is unknown, the information must immediately be conveyed to the magistrate or coroner for action.

“So, in this case, the police don’t know the law,” said Visvanathan, who is also from Edict.

He also urged the police’s Integrity and Standard Compliance Department to take action against the officers involved in the investigation for allegedly not performing their duties according to the law.

Malaysiakini is attempting to obtain clarification from Johor and Mersing police regarding the family’s claims.

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