Suhakam questions inaction against MACC officers in Teoh Beng Hock's death
Suhakam said it stands in solidarity with the family of Teoh Beng Hock and other parties who continue to demand accountability and transparency for his death in 2009. (File pic)
PETALING JAYA : The Human Rights Commission of Malaysia (Suhakam) has called on the Attorney-General's Chambers (AGC) and the police to explain why the Malaysian Anti-Corruption Commission (MACC) officers implicated in Teoh Beng Hock's death have yet to be held accountable.
Suhakam today said that despite a Court of Appeal ruling in 2014 implicating MACC officers in Teoh's death, no known criminal prosecution or disciplinary action had taken place.
The rights body said this highlighted a serious gap in enforcement and institutional accountability.
In a statement, it urged the AGC and the police to review the decision to classify a recent investigation into Teoh's death as requiring no further action or NFA, and to initiate the necessary criminal proceedings against those responsible for Teoh's death.
'In the event that the AGC and police continue to maintain that this is a case for NFA, good governance mandates full transparency,' it said.
'They must disclose the complete 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.'
Teoh was found dead on July 16, 2009 after falling from the fifth floor of Plaza Masalam in Shah Alam, Selangor.
He had earlier been questioned for several hours by MACC officers at the Selangor MACC headquarters.
An inquest into his death initially returned an open verdict. However, in 2014, the Court of Appeal ruled that Teoh's death was caused by 'one or more unknown persons', including MACC officers.
Before 2018, two special investigation teams were set up to look into Teoh's death – one in 2011 and the other in 2015 – but both cases were classified as NFA by the public prosecutor.
In 2019, police launched an investigation under Section 342 of the Penal Code for wrongful confinement.
A re-investigation was ordered by the Kuala Lumpur High Court in November last year, directing the police to re-examine all aspects of the case.
Last month, the AGC said it found insufficient evidence to bring charges following the fresh investigation, and maintained the NFA classification.
Teoh's family recently said it would not pursue a judicial review of the AGC's decision to classify the case as NFA.
In its statement, Suhakam said it was concerned about the AGC's decision to classify the case as NFA, especially in light of 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'.
'This constitutional provision enshrines the fundamental right to life and liberty, obliging 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 said.
'Suhakam reiterates that the right to life under Article 5 not only protects individuals from the 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.'
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