Media Statement – 15/6/2023
Coroner Need Report ‘Cause Of Death’ Of 24 In Police Custody in 2022, And Not Merely A Police Unit
MADPET (Malaysians against Death Penalty and Torture) and all Malaysians are still waiting for the Coroner’s finding on the about 24 deaths in police custody cases that happened in 2022.
We are pleased that since the Criminal Investigation Unit for Deaths in Custody (USJKT) was established in January last year, the number of deaths in police custody decreased by 48 percent in 2022 or 24 cases, compared to 46 the previous year.(Malaysiakini, 12/6/2023)
We are happy that the Minister announced the findings of the police, being the Criminal Investigation Unit for Deaths in Custody (USJKT) found that only 2 deaths of police custody had criminal elements, whereby one is already in court and the other is still under investigation. BUT what was the findings of the Coroner?(Malaysian Insight/FMT, 12/6/2023)
We trust better the investigation and determination of the Independent Coroner, who is a Magistrate or a Sessions Court Judge, rather than the USJKT, which at the end of the day is still part of the police that is looking at deaths in police custody.
The Coroner’s duty, according to the Malaysian Criminal Procedure Code, is to establish the "cause of death" include not only the apparent cause of death as ascertainable by inspection or post-mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed as to the manner in which the deceased came by his death and as to whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person.
We note that the police, other detainees in the same police lock-up or some other before the police arrest could have caused the death in police custody. Death caused by negligence like failure to provide needed healthcare in time, or even deprivation of needed regular medication is also a crime in Malaysia.
With regard to death in custody, Section 334 CPC states that ‘...When any person dies while in the custody of the police or in a psychiatric hospital or prison, the officer who had the custody of that person or was in charge of that psychiatric hospital or prison, as the case may be, shall immediately give intimation of such death to the nearest Magistrate, and the Magistrate or some other Magistrate shall, in the case of a death in the custody of the police, and in other cases may, if he thinks expedient, hold an inquiry into the cause of death….’
The Minister said that “… six cases have been referred to the Coroner's Court, with four of them in the midst of inquest proceedings while the other two are still pending…’
MADPET reiterates that all deaths in custody must according to law be brought to the attention of the Coroner, and it is only the Coroner who decides whether to conduct an inquest or not. The government, the Minister or even the police have no business determining whether an inquest be conducted or not.
The Minister should reveal as to whether inquests by the Coroner have been completed for the all the 24 deaths in custody cases that happened in 2022. It would be best if the findings of the Coroner is speedily revealed.
The Minister should also inform us as to whether there were CCTV recordings in the lock-ups or stations where the death occurred. If not, the Minister should inform us as to when the CCTV with recording capabilities and body-cams on police officers will become a reality. What exactly is the reason for the delay since the Budget for these have been long approved?
MADPET reiterates the call of the Malaysian Bar, vide Resolution adopted in 2022, that a Coroner’s Court Act be enacted, with Session Court Judges as Coroner.
MADPET calls for greater transparency on all deaths in police custody, and that an INQUEST be held for all such deaths for this will help erase the perception that the police caused the deaths.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
PARLIAMENT | Since the Criminal Investigation Unit for Deaths in Custody (USJKT) was established in January last year, the number of deaths in police custody decreased by 48 percent in 2022 or 24 cases, compared to 46 the previous year.
Deputy Home Minister Shamsul Anuar Nasarah said of all the death cases investigated last year, USJKT found two cases with criminal elements.
One involved a case in Taiping, Perak, which has been charged and is now being tried, while the other case in Kelantan is still being investigated.
In addition, he said six cases have been referred to the Coroner's Court, with four of them in the midst of inquest proceedings while the other two are still pending.
"USJKT will also present the report findings, investigations and developments of each custody death in meetings with Suhakam and EAIC (Enforcement Agency Integrity Commission), held every three months.
"These meetings are aimed at implementing a system of checks and balances functions for the investigation on deaths of individuals in police custody and to improve the management of police detainees."
He said this when briefing Tan Hong Pin (Harapan-Bakri) during the Special Chamber session in the Dewan Rakyat today on steps taken by the home ministry in managing cases of death in police custody.
Shamsul Anuar said that through the establishment of USJKT, various improvements to the standard operating procedures were implemented, including lock-up inspections, closed circuit television monitoring of lock-ups and so forth.
- Bernama - Malaysiakini, 13/6/2023
48% drop in number of deaths in police custody, MPs told
Deputy home minister Shamsul Anuar Nasarah says there were criminal elements in only two of the 24 cases last year.
KUALA LUMPUR: The number of deaths in police custody dropped by 48% to 24 cases last year, compared to 46 in the previous year, after the Criminal Investigation Unit for Deaths in Custody was established, the Dewan Rakyat was told.
Deputy home minister Shamsul Anuar Nasarah said the unit found two cases with criminal elements. One involved a case in Taiping, Perak, which is the subject of a trial, while the other case in Kelantan is still being investigated.
Six cases have been referred to the Coroner’s Court with inquest proceedings being held on four of them, while the other two are still pending.
He said the investigation unit would present its findings, reports of investigations and developments of each custody death in meetings with Suhakam (the human rights commission) and the Enforcement Agency Integrity Commission which are held every three months.
“These meetings are aimed at implementing a system of checks and balances for the investigation of deaths of individuals in police custody and to improve the management of police detainees.”
Shamsul was briefing Tan Hong Pin (PH-Bakri) during the Special Chamber session in the Dewan Rakyat today on steps taken by the home ministry in managing cases of death in police custody.
The deputy minister said that through the establishment of USJKT,
various improvements to the standard operating procedures were
implemented, including lock-up inspections, closed circuit television
(CCTV) monitoring of lock-ups and so forth. - FMT, 12/6/2023
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