Press Release: End Deaths in Police Custody Now! |
Wednesday, 02 January 2013 11:20am | |
The
Malaysian Bar is once again appalled and deeply troubled that yet
another person has died in police custody. 32-year old K Nagarajan was
found dead on 24 Dec 2012, before his scheduled court appearance, after
having spent three nights in the Dang Wangi police station lock-up.
According to the police, he died from a fall, but his family reportedly
found inexplicable injuries on his body.
It is shocking that individuals continue to die in such highly
suspicious circumstances while under the care of the police, which
raises very alarming questions about the treatment of detainees in
police custody and the methods of interrogation used.
The duty of the police is set out in very clear terms in the leading judgment of Lord Bingham of Cornhill in Amin, R (on the application of) v Secretary of State for the Home Department [2003] 4 All ER 1264, where Lord Bingham said:
Death
in custody, especially under dubious conditions, is among the worst
crimes one can imagine in a civilised society under the rule of law.
The burden of proving that such a death did not occur by foul means
must surely fall squarely on the law enforcement agency in question.
The reasons are plain: the victim was being held in isolation and was
wholly within the control of the detaining authority; rarely are there
independent witnesses to such a crime, as the witnesses are generally
interested parties or persons under enquiry; and the police adhere to a
strict chain of command code and are bound by a “blue wall of silence”.
Based
on the statistics disclosed by the Ministry of Home Affairs, 156
persons died in police custody between 2000 and February 2011, and this
was reportedly at least the sixth incident of custodial death at the
hands of the police in 2012. Such tragedies underscore the dire need
for an Independent Police Complaints and Misconduct Commission
(“IPCMC”), to function as an independent, external oversight body to
investigate complaints about police personnel and to make the police
accountable for their conduct. K Nagarajan’s death is inexcusable, and
is another incident demonstrating that the police are unable to police
themselves.
The
Malaysian Bar calls for an immediate inquest into the incident, which
is a matter of utmost public interest and warrants the highest level of
priority. Although Chapter XXXII of the Criminal Procedure Code
requires that all custodial deaths be investigated by way of inquest, no
inquest is held in most instances. Every death in custody must be
thoroughly and impartially investigated. K Nagarajan’s death must not
be relegated to a mere statistic.
The
Malaysian Bar also calls on the authorities to urgently implement
structural reform, where inquests are concerned. Recent enquiries into
deaths of persons that occur whilst in the custody of, or in or around
the premises of, law enforcement agencies, have resulted in “open”
verdicts.
The
Malaysian Bar thus urges the Government to introduce a Coroners’ Act,
and establish a Coroners’ Court with the following features:
It
is also disquieting that, in the case of K Nagarajan’s arrest, the
protocol prescribed under the Yayasan Bantuan Guaman Kebangsaan (“YBGK”)
scheme does not appear to have been complied with. The guidelines for
enforcement officers provide that as soon as an arrest has been made,
and before the suspect is questioned, the officer must inform the
suspect’s family (or friend) regarding the arrest, and must also provide
details regarding the arrest and the suspect to YBGK. However, K
Nagarajan’s family has reportedly stated that they were not informed
about the arrest, and YBGK did not receive any notification.
K
Nagarajan’s tragic fate is the latest in a deplorable string of deaths
occurring in the context of investigations carried out by law
enforcement agencies. It must be the last. The Malaysian Government
must act now.
Our heartfelt condolences go out to K Nagarajan’s family and friends.
Lim Chee Wee
President
Malaysian Bar
2 January 2013
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