Issue on the use of force by law enforcement

professionals

NOORAZIZAH ISMAIL
LLB(HONOURS)(UITM)
LLM(UITM)
EX DEPUTY PUBLIC PROSECUTOR(ATTORNEY GENERAL CHAMBER)
Learning Outcome
Analyze and discuss the major issues
facing law enforcement and efforts to
address issues in law enforcement.
Excessive force refers to situations where
government officials legally entitled to use
force exceed the minimum amount necessary
 to diffuse an incident or to protect
themselves or others from harm. This can
come up in different contexts, such as when
handling prisoners or even during military
operations. When it involves law
enforcement, especially during an arrest, it's
also referred to as police brutality.
The questions of excessive force by law
enforcement professionals
EXCESSIVE FORCE. A law enforcement officer
has the right to use such force as is reasonably
necessary under the circumstances to make a
lawful arrest. An unreasonable seizure occurs
when a law enforcement officer uses excessive force
in making a lawful arrest.
Excessive force can occur when police are
trying to detain or speak to someone, at a
traffic stop, during crowd control at an event,
or after an arrest. The situation itself does not
have to be violent in nature for police to
employ excessive force. Force becomes
excessive and illegal when an officer
continues the force after the suspect has
complied, that is been subdued and arrested.
Some ways we have seen it displayed are:
a)Tackling
b) Kicking
c)Punching
d) Choking
e) Tasering
f) Martial Arts
g) Baton Strikes
h) Nachachku
i) Excessively Tight Handcuffs or Zip-Ties
j)Use of Firearms
2 navy personnel allege injuries while
under detention
Bernama
 | October 2, 2017
The incident is alleged to have happened
at same detention room where two RMN
personnel were said to have been tortured
to death.
IPOH: Two Royal Malaysian Navy (RMN) personnel lodged police
reports here today, over injuries sustained at the Sungai Wangi Unit
Detention Room in Sitiawan, Perak.
Perak police chief Hasnan Hassan said the duo, both 30, had
abdominal injuries and were currently being treated at the Manjung
Hospital.
Confirming the two reports lodged, he said the cases would be
investigated under Section 325/506 of the Penal Code to determine
whether the incidents took place at the detention room while under
custody or outside.
He said two RMN personnel, aged 29 and 37, had been detained to
facilitate investigations into the two reports.
“We are also checking if other RMN personnel were involved in
similar incidents,” said Hasnan, who declined to divulge details to
reporters when attending a state-level Warriors Day celebration here.
On the murder of two RMN personnel in
the same detention room prior to this, he
said the police were conducting a forensic
investigation into the seized closed-circuit
television camera footage.
He added that the Perak police were
assisted by the Bukit Aman police in the
investigations.
On Friday, two RMN personnel, namely
Muhammad Baihaqy Nik Mat, 28, and
Muhammad Lailatuliman Mohd Sukri, 26,
were allegedly tortured to death based on
post-mortem reports from the Raja
Permaisuri Bainun Hospital’s Pathology
Department
The post-mortem performed on Nik Baihaqy
indicated his death was due to bleeding in the
lungs as a result of blunt trauma while
Lailatuliman died as a result of bleeding in the
lungs and blunt trauma to soft tissues.
In connection with the two murders, three RMN
personnel were remanded for seven days,
beginning yesterday, to facilitate investigations.