Suhakam presses for justice: Review Beng Hock NFA or explain it

Summary

• Suhakam demands transparency and accountability over Beng Hock’s case.

• Commission urges full disclosure of police investigation into his death.

Suhakam has urged the Attorney-General’s Chambers (AGC) and the police to revisit their “no further action” (NFA) stance and initiate proceedings against the officers implicated in Teoh Beng Hock’s death.

Standing in solidarity with Teoh’s family, the human rights commission demanded transparency and accountability.

“In the event that the AGC and police still insist that this is a case for NFA, then, good governance mandates that they must be transparent and must disclose the full details of the police investigation.

“They must explain why the MACC officers implicated in the case have not been held accountable,” Suhakam said in a statement.

Citing Article 5(1) of the Federal Constitution, which guarantees that “no person shall be deprived of his life or personal liberty save in accordance with the law”, Suhakam stressed the state’s obligation to safeguard life, especially when an individual is under state custody.

“This constitutional provision enshrines the fundamental right to life and liberty and obliges the state and its agencies to ensure that this right is always protected, particularly when an individual is under the care or custody of the state,” it added.

Justice ‘out of reach’

More than 16 years since Teoh’s death, Suhakam lamented, justice remains out of reach.

“Suhakam reiterates that the right to life under Article 5 not only protects individuals from arbitrary deprivation of life but also imposes a positive obligation on the state to investigate all custodial deaths thoroughly, independently, effectively, and to hold perpetrators accountable.

“Failure to do so constitutes a violation of both domestic constitutional obligations and Malaysia’s international human rights commitments,” it added.

The commission also referred to the Mendez Principles on Effective Interviewing, which champion non-coercive, science-based, and rights-compliant methods of interrogation.

These principles reject intimidation or coercion and emphasise procedural safeguards, including the right to legal counsel, the right to remain silent, and audio-visual recordings of interviews.

“Adopting these standards is essential to prevent abuses and ensure the dignity and safety of all individuals in custody.

“Suhakam strongly urges the government to take the long-overdue step of acceding to the United Nations Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment, as a clear manifestation of Malaysia’s commitment to ending torture, upholding human dignity, and strengthening institutional integrity,” the commission said.

Teoh, a former political aide to a DAP assemblyperson, was found dead on July 16, 2009, after falling from the fifth floor of Plaza Masalam in Shah Alam. He had been subjected to overnight questioning by Selangor MACC officers.

In 2014, the Court of Appeal overturned an earlier open verdict by the Coroner’s Court, ruling clearly that “a person or persons were responsible for his death.”

On Nov 21 last year, the Kuala Lumpur High Court ordered police to complete their investigation into Teoh’s death within six months, following a successful judicial review by his parents.

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