Malaysian Bar Resolution on deaths in custody ...Kugan Ananthan,...

Malaysian Bar Resolution on deaths in custody , passed on 14th March 2009 at the 63rd Annual General Meeting of the Malaysian Bar held at the Grand Ballroom, Legend Hotel, Kuala Lumpur

The Malaysian Bar,

recalling Article 6 of the International Covenant on Civil and Political Rights 1966, which states that:

Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

recalling Article 7 of the International Covenant on Civil and Political Rights 1966, which states that:

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

noting that on 8 July 2008, the Ministry Of Home Affairs reported in Parliament that, based on the Prison Department’s statistics from 2003 to 2007, 1535 persons died in prisons, rehabilitation centres and immigration detention camps;

noting that based on the Royal Malaysia Police’s statistics from 2003 to 2007, 85 persons died in police custody, while 600 persons died in remand centres for drug addicts;

noting that the victims of custodial deaths are from various ethnic groups;

distressed that on 20 January 2009, Kugan Ananthan, a 22-year old reportedly detained for investigations into car thefts died in police custody;

shocked that the relevant authorities, at first instance, appeared to certify that Kugan Ananthan’s death was not caused by any person criminally concerned;

noting that the nature of Kugan Ananthan’s death once again raises concerns regarding the treatment of detainees in the custody of law enforcement personnel and the interrogation methods used on detainees;

deeply concerned that custodial deaths continue to occur and erode public confidence in and perception of the Royal Malaysia Police;

1.	Strongly calls upon all law enforcement agencies and their personnel to respect, protect and promote the rights of detainees.
2.	Strongly calls upon the Government to immediately sign and ratify the International Covenant on Civil and Political Rights 1966, and implement it as domestic legislation.
3.	Strongly calls upon the Royal Malaysia Police, the Attorney-General and the Judiciary to cause all custodial deaths to be investigated by inquiries conducted pursuant to Chapter XXXII of the Criminal Procedure Code, and ensuring that all inquiries are conducted expeditiously, transparently and in a meaningful manner.
4.	Strongly calls upon the Government to immediately advise the King to establish a Royal Commission of Inquiry to investigate the issue of custodial deaths including, but not limited to, Kugan Ananthan’s case.
5.	Strongly calls upon the Government to immediately establish the Independent Police Complaints and Misconduct Commission and implement all the recommendations of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police.

The motion was unanimously carried.