The Malaysian human rights commission, Suhakam, remains deeply concerned over the unresolved issues surrounding the death of Teoh Beng Hock, who died while in the custody of the Malaysian Anti-Corruption Commission on 16 July 2009 – in particular, the attorney general’s decision to classify the case as “NFA” (No further action).
Teoh was found dead that day after falling from the fifth floor of Plaza Masalam in Shah Alam, after being questioned overnight for several hours by officers at the Selangor Malaysian Anti-Corruption Commission headquarters.
Article 5(1) of the Federal Constitution guarantees that “No person shall be deprived of his life or personal liberty save in accordance with the law.”
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.
In 2014, the Court of Appeal unanimously overturned the coroner’s court’s open verdict, concluding that Teoh Beng Hock’s death was not due to suicide. The judgment clearly stated that “a person or persons were responsible for his death”.
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However, and unfortunately, despite the Court of Appeal’s clear ruling over a decade ago, no known criminal prosecution or disciplinary action has taken place, highlighting a serious gap in enforcement and institutional accountability.
More than 16 years after the tragic incident, justice for Teoh Beng Hock and his family remains elusive.
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 and 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.
Suhakam stands in solidarity with the Teoh’s family and other parties who are demanding accountability and transparency. We earnestly call upon the Attorney General’s Chambers and the police to review their “NFA” decision and to take the necessary criminal proceedings against the officers responsible for Teoh’s death.
In the event that the chambers and the police were still to insist that this is an NFA case, then good governance mandates that they must be transparent and must disclose the full details of the police investigation and explain why the MACC officers implicated in the case have not been held accountable.
Teoh’s tragic and untimely death remains a stark reminder of the critical need to uphold human rights, the rule of law and institutional accountability in Malaysia.
In this regard, Suhakam recalls the Méndez Principles on Effective Interviewing for Investigations and Information Gathering, which emphasise non-coercive, science-based and rights-compliant methods of questioning.
The Mendez Principles reject the use of intimidation or coercion during interrogations and stress the importance of procedural safeguards, such as access to legal counsel, the right to remain silent, and audio-visual recording 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, Inhuman or Degrading Treatment or Punishment (CAT), as a clear manifestation of Malaysia’s commitment to ending torture, upholding human dignity and strengthening institutional integrity. – Suhakam
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