Suaram Inquest Needed On Deaths In Custody

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Human rights group Suara Rakyat Malaysia (Suaram) has called for an immediate inquest into the seven deaths in police custody that recently occurred over the span of five weeks.
They said that while it was good that the cases were being reported, they believed that it still lacked transparency and accountability by the police force.
“Even though investigations by the Bukit Aman Integrity and Standards Compliance Department (JIPS) on the seven deaths in custody cases are over, an inquest proceeding must still be carried out as per Section 334 of the Criminal Procedure Code (Act 593),
“We call on the police to work with the public prosecutors. We request that the public prosecutor use their power under Section 339 CPC to direct coroners into carrying out investigations on each death in custody,” said Suaram project coordinator Wong Yan Ke, reading a memorandum.
Section 334 of the CPC states that when any person dies in the custody of the police, psychiatric hospital or prison, the authorities in charge shall immediately notify the nearest magistrate, for consideration on whether an inquiry into the cause of death should be held.
Should the magistrate decide that there is no need for an inquest, the decision and reasons must be presented to a public prosecutor, who under Section 339 of the CPC has powers to "...at any time direct a magistrate to hold an inquiry…"
During a presser outside of Bukit Aman, Suaram project coordinator Mohammad Alshatri Abdullah said their memorandum, signed by 50 organisations, was received by Bukit Aman Corporate Communications secretariat Norsyamieza Ngah Taman.
Among signatories were the Malaysian United Democratic Alliance, Undi18, Parti Sosialis Malaysia (PSM), All Women’s Action Society Malaysia (Awam), Tenaganita, University of Malaysia Association of New Youth (Umany) and Centre for Independent Journalism, among others.
Also present at Bukit Aman were lawyer and activist Siti Kasim, Citizens Against Enforced Disappearances (Caged) spokesperson Rama Ramanathan and Amnesty International Malaysia research consultant Brian Yap.
In-house health facilities
Custodial deaths are an issue that continues to plague the police force.
On Wednesday, The Royal Malaysia Police confirmed that there have been seven cases of death in police custody, and an investigation found that only one of them involved a criminal element.
Bukit Aman Integrity and Standards Compliance Department (JIPS) director Azri Ahmad said of the seven cases reported, four of them were deaths in lockups whereas the other two cases involved death at the hospital and another died on the way to the hospital.
Suaram also called for the introduction of in-house health facilities in each police detention centre, claiming that 57 percent of death in custody cases are due to health complications.
“This data shows that the police lack adequate training and do not have basic health facilities and medical resources.
“This does not only lead to an oppressive environment for the detainee, but it delays treatment for (those) with emergencies or critical medical conditions, leading to a death in custody,” said Wong.
External independent body
They also called on the police and government to allow an external independent body to investigate the recent death in custody cases, and implement an Independent Police Complaints and Misconduct Commission (IPCMC).
Critics have long called for the establishment of an Independent Police Complaints and Misconduct Commission (IPCMC) to investigate such matters and take action against errant officers.
However, the current government is pushing for a watered-down Independent Police Conduct Commission (IPCC) which does not have the power to take any action.
Instead, the IPCC can only make recommendations to the police, which will decide if any action is to be taken. - Mkini

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