Media Statement – 10/5/2022
16th Death In Police Custody in 2022, and disclosure of Coroner’s investigation and status of reform implementation to reduce deaths, and facilitate investigation needed
Pre-detention medical check-up, CCTV/Body Cams, Coroners
16th death in police custody in Malaysia in 2022, and this does not include other deaths in custody at other government facilities. This time, it was a 48-year-old man who was temporarily placed at the Seri Alam lock-up while awaiting imprisonment after being sentenced to a five-month jail term from April 27 for drug-related offenses.(FMT, 8/5/2022). Why was he placed in a police lock-up, when he really ought to have immediately been sent to prison?
It must be pointed out that persons held in police lock-ups are persons or suspects arrested, who need to be placed in police custody, including detained in a police lock-up, for the purposes of police completing their investigations. Other persons should be detained in the appropriate detention facility.
With so many deaths in police custody, one needs to be reminded, amongst others, of rights of persons arrested, the right of police to detain further to complete investigations, the status of the needed reforms to ensure proper behavior of police and reduce police responsibility for deaths and whether our Coroners are effectively carrying out their responsibilities.
Detention in police lock-ups unnecessary for all police investigations
After the cases of of former Prime Minister Najib, his spouse Rosmah, the current UMNO President Zahid Hamidi and several others, Malaysians now know that police need not detain any suspect for the purposes of completing police investigation. Persons arrested can be immediately released, requiring them to turn up at the police station at particular times for police to continue their investigations.
If a detainee elects ‘silence’, is further detention a ‘torture’?
A suspect or a person investigated have the right to silence, in that he/she ‘…may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture…’(Section 112, Criminal Procedure Code). Today, in Malaysia, a ‘confession’ given by an accused person whilst in police custody can no longer be used by the prosecution – a right move as such confession may have been as a result of torture, lies, etc. Section 113 (3) states that, ‘Where the accused had made a statement during the course of a police investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.’, which means that such statements can be used by the accused person, but not the prosecution. This is the general rule.
Section 28A(4) of the Criminal Procedure Code states that, ‘Where the person arrested has requested for a legal practitioner to be consulted, the police officer shall allow a reasonable time- (a) for the legal practitioner to be present to meet the person arrested at his place of detention; and (b) for the consultation to take place.’ The police officer shall defer any questioning or recording of any statement from the person arrested for a reasonable time until the communication or attempted communication with the lawyer happens.
If a suspect and/or witness take the option to remain silent, what really is the purpose of keeping a suspect in police detention? All that police investigation entails then would be the taking of one’s photograph, fingerprints and maybe in some cases, DNA evidence. A person may need to be detained maybe if the police, as part of its investigation, wanted to do an identification parade. As such, how much time does a suspect really need to be detained – and during his/her detention, how much time did he/she spend with the investigation officer. How many hours did he/she simply spend in the lock-up, and would this not be considered ‘torture’, noting that the police in Malaysia is prohibited from using torture as part of their investigations.
Another problem could be the insufficiency of qualified investigation officers in the police, and the available few is burdened with simply having to investigate too many cases at the same time – so suspects awaiting their turn to be investigated languish unnecessarily in police detention.
Immediate Medical check-up for arrestees who will be detained
Death in police custody have been a concern for a long time, and in fact, the Malaysian government is in the process of making sure that every person arrested, and to be detained ought to immediately be inspected by a medical practitioner – this would determine the health/medical condition of such detainee, and will also ensure speedy healthcare if needed to prevent any deterioration of health and/or death. As government healthcare facilities and doctors are available in most places, implementation of this practice should not have been delayed. A medical examination will also help determine whether a person who later dies, did not die by reason of matters that happened post arrest and/or police custody.
The Minister, In a Parliamentary Reply on 16/12/2021, informed us about the set-up of Custodial Medical Unit (CMU), which will also do a medical examination of detainees before they are placed in police lock-ups. This, according to the Minister, will start as pilot projects in 5 police lock-ups. This is not acceptable, and it must be implemented immediately nationwide, and until then persons arrested must undergo medical examinations by government doctors before being detained. This is rather easy to be done, and must be a standard operating procedure for all arrested, who will be detained in police custody.
CCTV and body-cams
CCTV at police stations has also been on the agenda for some time. If there are CCTV recordings that documents what happens to a person from the point of arrest and for the times one is in police custody, it would be evidence that the police is not responsible for the causing of the death of a detainee, and that the police conducted themselves in accordance with Malaysian law including the fact that there was no torture.
In Hong Kong, it has been the practice for several decades now, that the suspect and/or lawyer is provided with a copy of CCTV recording proving that the law was complied with by the police.
In Malaysia, the problem that has arisen before even in inquests was the fact that there were no CCTV recordings – sometimes because there were no CCTV installed, the CCTV was not functioning or there is simply no CCTV recordings as the CCTV installed does not have recordings and/or storage capacity.
The government recently talked about body-cams and cameras on police vehicles, which would help ensure the available of documentary evidence right from the point of arrest, and MADPET urges immediate disclosure on the current status of these CCTVs and body-cams.
Coroner – has he been informed, and has he begun inquiries?
There is still a disturbing silence on the part of the Coroners in Malaysia regarding the status of their inquiries into these deaths in custody, and media reports have mostly been about police investigation and findings. The Coroner must announce what is happening on their inquiries of the now 15 deaths in custody in Malaysia. What are the Coroner’s findings? Will there be public inquest, or not?
It will be good if the name of the Coroner responsible for each death be informed, so members of the public with relevant information may be able to forward such information directly to the Coroner, as many may be unwilling to disclose such information, more so if the information indicates possible police responsibility in the deaths.
MADPET (Malaysians Against Death Penalty and Torture) urges the Malaysian government to prioritize the elimination and the investigation of the deaths in custody in Malaysia. Post arrest pre-detention medical examination, CCTV and body-cams and other things that need to be done must be expedited. Lives matter, even those of suspected and convicted criminals.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Another death in custody, 16th this year
PETALING JAYA: Another man has died in custody – the 16th case this year – this time at a police station in Johor.
The deceased was a 48-year-old man who was temporarily placed at the Seri Alam lock-up while awaiting imprisonment after being sentenced to a five-month jail term from April 27 for drug-related offenses.
Bukit Aman’s integrity and standards compliance department director Azri Ahmad said the man was found in a weak condition at the lock-up this morning.
A doctor from Masai health clinic conducted a checkup and confirmed his death at 9.35am.
Fifteen custodial deaths have been reported this year alone before the latest incident.
The last case was reported on April 14, when a 45-year-old male detainee at the lock-up of Kajang police station died on the way to hospital on April 13, after he was “seen to be having seizures” by personnel on duty. - FMT, 8/5/2022
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