CHAPTER 2 - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP 2. CORE ISSUES IN COMPLAINTS (a) Complaints against the Royal Malaysian Police (RMP) The 125 complaints received were in relation to alleged police inaction in investigating reports lodged, excessive use of force or acts of brutality, and abuse of power. The Commission is of the view that the large number of complaints against the police every year is probably due to the expectations that the public have of the RMP to safeguard the safety and security of the nation, and the extensive power that the law provides it to carry out such responsibility. On 3 May, the Commission received a memorandum from Pakatan Rakyat on the fatal shooting of a 15-year-old boy, Aminulrasyid Amzah, who was driving his sister’s car. He was apparently shot dead by the police when he refused to stop the vehicle when ordered to do so at Section 11 in Shah Alam, Selangor, on 26 April. Immediately after the incident, the police made a public statement claiming that the boy was suspected of being involved in criminal activities. The police further claimed that they had found a weapon in the car. The boy’s family denied the allegations. The incident triggered public anger and prompted the Government to form an eight-member panel headed by the Deputy Minister of the Ministry of Home Affairs to monitor the police investigation into the incident, as well as to look into the procedure in discharging firearms. On 10 May, a police corporal was charged with causing death by negligence, under Section 304A1 of the Penal Code, in the Shah Alam Sessions Court. As the matter is before the Court, the Commission decided not to inquire into the incident. However, in August, the Commission requested information from the head of the special panel, as to its actions or recommendations with regard to the rules on the use of firearms by police personnel. In response, the Deputy Minister of the Ministry of Home Affairs said the panel was satisfied with the police investigation which was transparent, expeditious and covered all aspects. He also said that the panel had recommended a few improvements to the Inspector-General of Police Standing Order. However no elaboration was given on these recommendations. The Commission views the use of firearms as an extreme measure. Non-lethal means and instruments such as electric tasers should be employed. In the event that the use of firearms is inevitable, this should be strictly for self-defence or to incapacitate the suspect but not to cause death. Therefore the Commission recommends that the police should observe the United Nations Code of Conduct for Law Enforcement Officials 1979 and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 1990 in discharging their duty. While stressing that there should be strict controls 1 Section 304A of Penal Code: Causing death by negligence: Whoever causes the death of any person, by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both. 38