MADPET(26/6/2009):Make Malaysia Torture-Free - Ratify Convention on Torture, Set Up the IPCMC

MEDIA STATEMENT – 26/6/2009

Make Malaysia Torture-Free

- Ratify Convention on Torture, Set Up the IPCMC -

MADPET (Malaysians Against Death Penalty and Torture), on the occasion of the International Day against Torture, that falls on 26 June 2009, noting that Malaysia still has a deploring record of reported incidences of torture and deaths in custody, reiterates the call for Malaysian to immediately ratify the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to immediately establish the Independent Police Complaints and Misconduct Commission (IPCMC) and implement all the recommendations of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police, and do all other things necessary to make Malaysia torture-free.

Torture, as defined by The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, is ‘…any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity…’

Whilst acknowledging that there are many forms of torture perpetrated by different parties, we focus our attention in this statement to torture and deaths in police custody. The denial of healthcare and medication, as seen in the case of Lourdes Mary, the diabetic that collapsed in court with swollen leg by reason after not being given her insulin whilst detained in the police lock-up (Malaysiakini-24/10/2008,Star- 24/10/2008), is also torture.

With regard to deaths in police custody, it is indeed shocking that that over the years, the numbers have been increasing, and not decreasing.

Relying merely on data provided by the government, it has been disclosed that there have been 150 deaths from 1990 until 2004 (10.7 per year), 108 deaths between 2000 and 2006 (18 per year), and, 85 deaths between 2003 and 2007 (21.25 per year).

In Malaysia "...from 1990 till September last year [2004], a total of 1,583 deaths among prisoners were recorded in 28 prisons nationwide, with the highest number in 2003 when 279 inmates died. During the same period, 150 detainees died in police lock-ups or custody…" - Malaysiakini, 7/2/2005

‘…Prime Minister Abdullah Ahmad Badawi today revealed that 108 deaths occurred during police custody between 2000 and 2006…’ – Malaysiakini, 23/4/2007

‘…There were 85 deaths recorded in police lock-ups during the 2003-2007…’ -Bernama, 8/7/2008.

The Malaysian police’s tendency to lie, which is exemplified in the case when the Inspector General of Police physically assaulted handcuffed and blindfolded Anwar Ibrahim, hat resulted in that infamous black eye, must end. Initial reaction of the police was denial, and the then Prime Minister even went so far as to suggest the possibility that the ‘black-eye’ was self-inflicted. Much later, it was proven that it was the head of police himself that tortured the detainee.

In the case of 22 year old Kugan Ananthan, who died on 20/1/2008 at the USJ Taipan police station, The police requested a post-mortem, and it concluded that Kugan died from fluid accumulation in his lungs. Dissatisfied with the results, Kugan's family requested a second post-mortem, which was done by the University Malaya Medical Centre's (UMMC) pathologist, Dr Prashant N Samberkar, who gave the provisional cause of death (pending toxicology) as acute renal failure due to rhbdomyolysis due to blunt trauma to skeletal muscles. But, before the specimens could be sent for toxicology tests, they were confiscated by the police from the pathologist. Photos taken from the second post-mortem report showed that Kugan suffered from massive internal bleeding due to repeated beatings. There were also burnt marks on the body of the victim (Malaysiakini, 4/3/2009, 8/4/2009).

Pathologists/doctors and public servants must act in the interest of justice and truth, and stop coming out with reports that is meant to ‘protect’ the police, that is reports that gives the impression that death was caused by reasons other than police actions and/or omissions.

In another reported case , 53 year old, A. Gnanapragasam, a wireman who was arrested on June 10, and died a few days later in police custody. The widow, M. Manimatalai, 40, said she suspected foul play as when she last met him on Friday, he had a bruise on his right eye. “I saw that he had a black eye. I was also informed that when he was brought before a Petaling Jaya magistrate for a remand order, he had apparently told the magistrate that he was being beaten and mistreated by the police while in custody,” said the saleswoman and mother of six. (Star, 15/6/2009). This case also highlights our concern about the indifference of some magistrates and courts to complaints of police brutality.

In terms of torture, there have been too many incidences of torture in Malaysia, and some examples are as follows:-

* the case of a 27-year-old man and 18-year-old teenager being allegedly scalded with hot water at the Brickfields police district headquarters in December 2008 (Malaysiakini, 15/1/2009),

* A current Member of Parliament, a lawyer and a lay person accidentally “… saw a detainee being tortured by policemen at the Banting police headquarters last Friday. They claimed that the man, in his 20s, was gagged with white tape and his hands bound behind his back… the abuse had taken place during interrogation in a CID room…” (Malay Mail, 9/11/2005)

* When 2 female detainees were allegedly raped by police officers at the Ampang police Lock-up (Malay Mail, Tuesday, March 12, 2002, Star, Tuesday, March 14, 2002)

• Complaints from a trailer driver who was allegedly forced to drink his own urine and had crushed chilli padi rubbed on his private part while under detention at the Jasin police lock-up (Star, Friday, February, 1, 2002)

Getting suspects to confess was perceived as the main reason behind torture in police custody, but Malaysia has amended the Criminal Procedure Code that does not allow the prosecution to use anymore statements made by accused during the course of a police investigation. Despite, the fact that this law has been in force since 7/9/2007, we note sadly that there are still allegations of police torturing persons in their custody.

The police have apparently also installed close-circuit television (CCTV) systems in police stations, but alas without recording capabilities, it is not of much use. MADPET calls for CCTV with audio/video recording capabilities to be installed at all police stations and other places to help end torture by the police. In Hong Kong, as a matter of right, copies of video recordings of the accused in police custody is given to the lawyer to prove that there was no torture and that all was done in accordance with the law. Malaysia should emulate this.

MADPET reiterates its call for a torture-free Malaysia

Charles Hector

for Malaysians Against Death Penalty and Torture (MADPET)

26th June 2009

Death in Police Custody - he told the Majistrate he was beaten by police...

Another suspect 'killed' or just died in police custody at Petaling Jaya's Damansara Police Station...

The victim had allegedly complained to the Majistrate that the police had beaten him - and what did the Magistrate do? Just record it in his/her notebook - or just pretended to do so. Did the Magistrate ask questions of the victim to get details of the police officers that beat him up, or just did not care? Did the magistrate initiate an investigation - after all would this not have been a complaint to the Magistrate - and the Magistrate could heve done something ....

After the victim with an 'obvious bruised eye', who had made complaints about being beaten by police, what was done? Did the Magistrate order that the victim be sent to the hospital?? [Or not, .....and if not, this death may have been by reason of the negligence of the Magistrate..?]

The man is dead - but why is the police trying to paint a bad picture of the man. Maybe, they are just covering their backs... I say that killing a man is wrong, and it matters not whether he was a good bad or the worst of criminals.

In this case, he is but a suspect ---- and hence the presumption of innocence until proven guilty applies,

'Sudden Death" - what is this? This is what the police have apparently clarified this death. Someone hits you and you die - is that sudden death? Someone beat you, you faint (sleeping beside toilet?), and you die without waking up - is this sudden death?

When met at the mortuary, the wife of the dead man, M. Manimatalai, 40, said she suspected foul play as when she last met him on Friday, he had a bruise on his right eye.

“I saw that he had a black eye. I was also informed that when he was brought before a Petaling Jaya magistrate for a remand order, he had apparently told the magistrate that he was being beaten and mistreated by the police while in custody,” said the saleswoman and mother of six.

CCTV - yes, today, all police lock-ups are monitored by 24-hour CCTV cameras, and the police personnel in charge of the lock-ups sit in front of the monitors monitoring what is happening in all the lock-ups. There is also CCTV monitoring in other parts of the Police Stations. [Unfortunately, they, 'the police', are smart - for these CCTV does not have recording capacity - and so we will, most likely, not be able to re-wind the tape and see some passed out victim (after being beaten by police) being returned and placed beside the toilet...] Is the toilet in the lock-up cell? After all, who sleeps beside the toilet?

A suspected thief was found dead in a police lock-up after a guard noticed the 53-year-old man lying flat beside the toilet.

The deceased has been identified as A. Gnanapragasam, a wireman who was arrested on June 10 for allegedly breaking into a house in Sungai Buloh in the early hours of the morning.

Petaling Jaya OCPD Asst Comm Arjunaidi Mohamed said the deceased, whose body was found at around 8.05am yesterday, had been placed in a lock-up with four others at the Damansara police station.

The guard, he said, had immediately called the ambulance.

“Initial investigations have ruled out foul play as there were no visible marks or bruises on his body.

“But we will wait for the post mortem results from the Universiti Malaya Medical Centre before determining the cause of death,” he told reporters at the Petaling Jaya police station.

ACP Arjunaidi added that the deceased, who was from Jalan

Ipoh in Kuala Lumpur, had nine criminal records, mostly involving drug-related offences, and had previously been detained at the Simpang Renggam detention centre.

It is learnt that the remand order on Gnanapragasam, who was being investigated under Section 457 of the Penal Code for breaking-in and theft, was expected to end yesterday.

However, ACP Arjunaindi de-clined to reveal if the suspect was to be charged or released or have his remand extended.

Police had interrogated his cellmates, who all claimed to be sleeping at that time.

When met at the mortuary, the wife of the dead man, M. Manimatalai, 40, said she suspected foul play as when she last met him on Friday, he had a bruise on his right eye.

“I saw that he had a black eye. I was also informed that when he was brought before a Petaling Jaya magistrate for a remand order, he had apparently told the magistrate that he was being beaten and mistreated by the police while in custody,” said the saleswoman and mother of six.

However, ACP Arjunaidi urged all parties not to speculate on the case and allow the police to conduct a thorough investigation.

The case is classified as sudden death. - Star, 15/6/2009, Suspected thief found dead in police lock-up