Aminulrasyid – PDRM, the law and the United Nation’s basic principles

ARCHIVES 2010
By MT Webmaster

Art Harun

As of writing this article, there have been numerous statements made by the police as well as the Home Minister about the fatal shooting of Aminulrasyid.

Essentially, the Home Minister bemoaned the fact that the people seem to only be sad when a citizen is shot dead by the police. He asked why is it that the people do not express anger when a police officer is shot dead. He cited the shooting of the guard of the Kelantan’s Sultan as an example.

I am not going to comment on the statement by the Home Minister.

I have noted that the Selangor CPO had refused to apologise to the family of Aminulrasyid. He instead said that the family should apologise for allowing Aminulrasyid to drive without a license and thus endangering the neighbourhood.

No, I am not going to comment on that statement as well.

Meanwhile, in a totally unrelated event, Saiful, the alleged sodomy victim, testified that:

  1. he cannot see his own anal region;
  2. he did not defecate for two days to preserve evidence;
  3. he only rinse his ass for two days as opposed to cleaning it (also presumably to preserve evidence);
  4. he was in a state of emergency and therefore he prayed without performing the mandatory “junub” (which is required in Islam);
  5. he eavesdropped on a conversation the PM was having with someone else while at the PM residence and obtained the IGP’s phone number while doing so;
  6. he called the IGP and the IGP hang up on him;
  7. he “misinterpreted” or did not know exactly how to answer when questioned by MalaysiaKini, “was that the first time you were sodomised?”

Again, no comment. 

To recap, I have no comment on statements made by the Home Minister, the Selangor CPO and Encik Saiful.

I want to comment on the statement made by Tan Sri Musa, the IGP. In refusing to apologise, he said his apology would have legal ramifications. I agree with that from a legal point of view.

But morally, I think the police owe the family an unqualified apology. To shoot to death a 14 year old son of someone is something. And to defame his memory and compound the grief is something else. I shudder at the thought of the police being detached from any degree of humanity in this case.

Tan Sri IGP was reported to have  said that Aminulrasyid was a “suspected criminal”.

Under the law, a police officer cannot simply arrest any person, let alone, shoot to death any person. A police officer may only arrest a person without a warrant if:

  1. he has been concerned in any offence committed anywhere in Malaysia;
  2. that offence is a seizable offence under any law in force in that part of Malaysia;
  3. a reasonable complaint has been made against that person regarding that seizable offence;
  4. or credible information has been received about that person in relation to that seizable offence;
  5. or a reasonable suspicion exists of that person having been concerned in that seizable ofence.

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