What actions were taken against the policemen who caused Syed Azlan’s death?
Syed Mohd Azlan Syed Mohamed Nur, aged 25, died in police custody. The pathologist counted 61 injuries on his body.
Syed Azlan was small. Waist 26 inches, height 5 feet 3 inches.
Syed Azlan worked two jobs. A mechanic by day, a burger stall helper by night. He gave regular financial support to his parents.
Syed Azlan had no police record – despite public statements to the contrary by the police.
On November 3 2014, 13 policemen mounted an operation to nab Syed Azlan.
In the dark of night, the policemen attended a briefing. They armed themselves. They put on bullet-proof vests. They put on balaclavas to hide their faces. They drove to the site. They took their positions.
They broke the door into Syed Azlan’s room. Three policemen burst in. Two policemen stood guard outside the room. It was about 3.30 am.
Syed Azlan was in the room together with a friend (“companion”), the person from whom he rented the room. According to the companion, Syed Azlan and he were lying on the floor when the police burst in.
According to the police, Syed Azlan was smoking dope and after a 3-5-minute scuffle, they had Syed Azlan in handcuffs.
Before the police took Syed Azlan to the Sg. Rengit police station, they searched the room.
They did not find any drugs or related materials. They did not find the pistol they say they had been led to expect.
The policemen told Enforcement Agency Investigation Commission (EAIC) investigators that Syed Azlan was lightly bruised during the scuffle. They said they too had sustained injuries during the scuffle, but they could not provide any medical records of injuries they had sustained.
The policemen took Syed Azlan to a police station for questioning. They say he told them the pistol was at his father’s home.
At 5.00 am policemen went to the father’s home and searched it. They did not find a pistol.
At 7.10 am the police put Syed Azlan in an unmarked police car to drive him to Kota Tinggi for a remand hearing. According to the police, during the journey Syed Azlan became unresponsive and they decided to take him to the nearest government medical facility.
At 8am they arrived at the clinic in Bandar Penawar. Hospital staff found that Syed Azlan was not responsive, was not breathing, and did not have a pulse. At 8.30 am a doctor pronounced Syed Azlan dead.
Syed Azlan was no longer an OKT, “Orang Kena Tangkap” (arrestee). He was now a Si Mati (deceased).
According to the companion, all three policemen beat Syed Azlan and the latter screamed in pain. Repeated beating is consistent with the injuries observed by the pathologist on Syed Azlan’s corpse.
About three hours after they took Syed Azlan away, the police told the companion and his wife to remove all evidence of blood and to destroy a bloodied mattress and carpet.
The mattress was burned, but the carpet was hidden. About nine months after Syed Azlan died, on advice of the EAIC, the carpet was handed over to the police.
The police told the companion “to disappear” till the end of 2014. The arrest team hid the fact that Syed Azlan was not alone when he was arrested.
About three weeks after Syed Azlan died, the EAIC, at one of its regular meetings, decided to conduct a preliminary investigation.
About nine months after Syed Azlan died, the EAIC formed a task force to investigate the case.
About 14 months after Syed Azlan died, the EAIC published its final report on the case. The report called for actions by the Inspector General of Police, the Home Minister and the Attorney General.
The EAIC recommended disciplinary action and criminal prosecution of several officers.
The Attorney Generals Chambers (AGC) eventually pursued charges against three policemen. However, first a Sessions Court, then a High Court, acquitted them and dismissed the charges against them.
It appears the Public Prosecutor (from the AGC) was simply going through the motions of a trial, since the AGC later chose to represent the three officers and eleven others in a civil suit launched by Syed Azlan’s family.
Why did the AG change the stance of the AGC? Why did the AGC prosecute the three policemen for serious crimes – not once but twice – and then change its stance and defend them? (According to M Visvanathan, the lawyer acting for Syed Azlan’s family, the AGC had earlier decided it would not represent the three policemen in the civil suit.)
The most glaring discrepancy in the case is the claim by the police that the scuffle with Syed Azlan lasted a mere 3-5 minutes. The short duration flies in the face of the 61 bruises on his corpse and eyewitness testimony that three policemen repeatedly beat Syed Azlan.
Yet, according to Visvanathan, the AGC claims in the civil suit that the scuffle lasted only three minutes!
The AGC further insists that the testimony about the police assault of Syed Azlan should be disregarded because “the eyewitness was on drugs” – though no drugs were found in the premises.
There is no reason to believe disciplinary action has been taken against any of the policemen. One of the policemen has been promoted from Inspector to Assistant Superintendent of Police. Not only was he promoted, he was transferred to his hometown!
Is it any wonder that the public clamour for a police force to police the police force? Is it any wonder that the public want a truly independent police commission? Is it any wonder that the public think the Attorney Generals Chambers works hand-in-glove with the police force?
We need to eliminate death and abuse in custody! In the next article, we will consider the EAIC Act and the IPCMC Bill through the lens of Syed Azlan.
Rama Ramanathan is an activist for Citizens Against Enforced Disappearances
The views expressed here are those of the author/contributor and do not necessarily represent the views of The Leaders Online.
