In response to the apology issued by Malaysian Anti-Corruption Commission (MACC) chief Azam Baki on the anniversary of Teoh Beng Hock’s tragic death, the Bersih steering committee has stated that if the government settles the matter with only an apology and compensation, it risks sending the wrong message to the public.
This message, the electoral watchdog argues, is that those in power are immune from criminal responsibility or legal consequences, thereby shaking the very foundations of the social contract and the rule of law.
Although Azam Baki proposed several reforms in his statement (such as establishing video-interviewing rooms, equipping officers with body-worn cameras and upgrading CCTV systems), Bersih stressed that these reforms can only be genuinely implemented when the culprits are brought to justice.
“The royal commission of inquiry and the Bar Council revealed long ago that MACC officers involved were suspected of destroying and tampering evidence and colluding on their testimony.
“In other words, no matter how advanced the equipment or facility is, as long as the culture of impunity within law enforcement agencies is not eradicated, those who abuse their power will continue to find ways to evade justice, and reforms will ultimately be cosmetic or nothing more than empty talk.”
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Bersih also pointed out that even after Teoh’s tragic death, law enforcement agencies have not shown a greater respect for human rights. In fact, deaths in custody have increased. According to Suaram’s annual human rights reports for 2011 and 2024 (Civil and Political Rights – page 42 and page 29), there were 838 deaths in custody between 2010 and 2023 – an average of five deaths per month.
Of all the torture cases that occurred between 1981 and 2021, the law enforcement officers involved were criminally prosecuted in only five instances. Most families have had to resort to civil lawsuits to seek for justice, with the total amount of obtained compensation exceeding RM4 million, while the officers involved remain at large. – Suaram’s Malaysian Human Rights Report 2021 (Civil and Political Rights, pp 142-149)
“These figures prove that apologies and compensation from the government are completely ineffective in resolving the problem. As long as the federal counsels continue to defend the officers in civil suits and drain taxpayers’ money to pay for their negligence, torture and even murder, it is tantamount to tacitly condoning a culture of impunity and encouraging further abuses of power.”
Bersih reiterated its call for the government to respond positively to the Teoh family’s demands and to review the “no further action” decision.
The group highlighted the police’s repeated failure to reopen the investigation under the correct Penal Code provision, despite a ruling by the Court of Appeal.
In light of this, Bersih endorsed the family’s call to appoint an international team of professional criminal investigators to take over the inquiry and ensure the officers involved are prosecuted.
Furthermore, the electoral watchdog called on the government to be transparent with the public by disclosing the total amount of compensation paid to date for misconduct, torture and custodial deaths caused by law enforcement agencies (including the MACC, the police, the Prison Department and the Immigration Department).
Apology lacks sincerity
Bersih concurs with the stance of the Teoh family and the Teoh Beng Hock Trust for Democracy that the MACC’s apology lacks sincerity. The group noted that the lengthy statement failed to mention any measures to hold the implicated officers accountable.
“Azam Baki seems to be deliberately avoiding the key issues: the officers implicated by the royal commission of inquiry and the Court of Appeal’s ruling, which stated that Teoh Beng Hock’s death was caused by multiple MACC officers.
“We suggest that if the government or the MACC is sincere in its apology, the first step should be to suspend the officers involved who are still in service while pending criminal prosecution.
“Second, freeze the pensions of those who have retired, and allocate the entire sum as solatium for the family or to support the living and educational expenses of Teoh’s child.” – Bersih
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