Half of police misconduct cases stop at investigation stage - Suaram

Nearly half of the reported police misconduct cases in Malaysia did not progress beyond the investigation stage, according to Suara Rakyat Malaysia (Suaram) in their latest human rights report.

Suaram's documentation and monitoring coordinator Jernell Tan revealed that 170 cases involving 198 counts of misconduct were reported.

“Out of the 198 counts, 99 saw no progress beyond the investigation stage, 90 resulted in charges, and eight led to suspensions.

“Only one officer was acquitted,” Tan revealed during the report’s launch.

Breaking down the types of misconduct, Tan noted that corruption accounted for the highest number of cases, implicating 68 officers.

Extortion followed closely, with 64 cases, while 15 officers were involved in sexual violence and 11 in physical violence.

Surge in Sosma detention

The report also flagged an alarming increase in the use of the Security Offences (Special Measures) Act 2012 (Sosma), particularly for terrorism and organised crime-related arrests.

“In 2024, there were 27 detentions related to terrorism, compared to none in 2023,” Tan explained.

“Organised crime-related arrests under Sosma saw a significant jump from 11 in 2023 to 107 this year.”

However, human-traffic arrests sharply declined, with only 22 cases reported in 2024 compared to 3,209 in 2023.

Suaram cautioned against interpreting this drop as a real reduction in trafficking activities.

“In 2023, Sosma was invoked for all investigations under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (Atipsom) 2007, targeting transporters and syndicate leaders - a trend which persists in all five human trafficking cases reported this year,” the report stated.

It added that the steep drop in reported cases likely reflects selective reporting or under-disclosure, given the government’s acknowledgement of rising trafficking activities and enhanced efforts, including cross-border collaborations, to combat the crime.

Out of the 156 individuals detained under Sosma in 2024, 71 were charged, 35 remained in detention, 39 cases were undisclosed, and 11 individuals were released.

The report also cited the Global Ikhwan Services and Business Holdings (GISBH) as an example of operational overreach and misuse of Sosma.

“The police had longstanding knowledge of GISBH since 2011, coupled with a six-month probe before the launch of Op Global. Within two weeks of the operation, they suspected and publicly acknowledged the potential presence of organised crime elements - all whilst pursuing multiple leads involving money laundering, sexual abuse, and human trafficking, alongside rescue operations and asset seizures.

“Notably, nearly 70 percent of the detained individuals also had their remands extended. Thus, sufficient time was available to build cases and press charges under Atipsom, and Section 130V of the Penal Code without invoking Sosma”, the report read.

Death in custody - decline or underreporting?

The report also highlighted a sharp decline in deaths in custody, with five cases reported in 2024 compared to 14 in 2023. Three deaths occurred in police custody, while two were in prison.

However, Tan expressed scepticism about the lower figures, suggesting significant underreporting.

“Higher government-reported figures indicate that the actual number of deaths in custody may be much higher,” she said.

One notable case involved inmate Zaidi Abd Hamid, who allegedly died after being caned in Pokok Sena Prison, Kedah, last month.

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