Proham: Caning as violation of human rights

Proham: Caning as violation of human rights

PROHAM is deeply concerned over a first group of syariah offenders which included twenty-two women among the 39 who received six strokes of the cane in closed quarters of the Kluang prison in Johor .

We are further alarmed that the  Johor Islamic Affairs Department (JAIJ) is actually debating for canning to be carried out in public or in mosques.

We respectfully understand that these punishments are in line with the Syariah Criminal Offences Enactment, however PROHAM is of the view that it is time for Malaysia to review these laws including the Criminal Penal Code that allow for corporal punishment.

We do not support corporal punishment for both men and women irrespective of their faith. Furthermore Muslim women suffer an added discrimination as women of other faiths do not have to suffer this form of cruel punishment.    

Although corporal punishments were common forms of punishment in medieval society regardless of their religious faiths, such punishments are now regarded as cruel, degrading and inhumane treatment. Canning a man or a woman for any offence is archaic and inconsistent with a compassionate and just society.

Malaysia as a member of to the Human Rights Council should be inspired to uphold universal human rights principles and Proham calls on the Malaysian Government to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

PROHAM also urges the Government to immediately review and abolish all forms of punishment involving caning and proceed to comply with international human rights norms and principles on punishment.

Issued on behalf of PROHAM by Ms Ivy Josiah (Proham member), Datuk Kuthbul Zaman (Proham Exco) and Datuk Dr Denison Jayasooria (Proham Secretary General)

June 17, 2013

Gabungan Bertindak Malaysia (GBM) Calls for Immediate Implementation of IPCMC

website: http://gbm.org.my

Media Statement For Immediate Release

 Gabungan Bertindak  Malaysia (GBM) Calls for Immediate Implementation of IPCMC

4 June, 2013

These days Malaysians go to bed with the shocking news of a custodial death only to wake the next morning to learn of another death in police custody. The custodians of law and order must take full responsibility for these custodial deaths.

From January 14 to June 1, 2013, eight custodial deaths have been reported. According to the chief of the police force these are apparently "unfortunate". Referring to the latest death in IPD Tampin, the IGP Khalid Abu Bakar had reportedly said in a text-message to The Malay Mail, “It's just unfortunate that he died in our lock-up."

In this connection, the Minister of Home Affairs had earlier said that he had to be careful about taking action against the police in order to ensure that it would not have any demoralising effect on the police force.

GBM regards both these statements as unbecoming of leaders who are duty bound to protect the people of this country and condemn them for being insensitive and indifferent towards the preservation of precious lives.

GBM notes with utter disgust that the wanton cruelty of the police personnel towards their victims has been so prominent all these years that a Royal Commission had to be set up in 2005 which among others concluded that deaths in the lock-ups are "a serious cause for concern".

The Royal Commission produced 125 recommendations to clean up the police force, the most important  being the setting up of an Independent Police Complaints and Misconduct Commission (IPCMC).

Almost eight years have passed, but the government has not shown any inclination to establish the IPCMC, which, in the opinion of GBM, legitimises the police force to continue with its wayward ways.

GBM, an alliance of 25 NGOs, fervently believes that this state of affairs cannot be allowed to continue and calls upon the government to undertake the following actions without any further delays or excuses:

(1) To implement the Independent Police Complaints and Misconduct Commission (IPCMC) as proposed by the Royal Commission of Inquiry immediately. There should be no overt or covert attempts to weaken the authority or terms of reference of the IPCMC.

(2) To undertake speedily all the other recommendations made by the Royal Commission of Inquiry. A schedule of implementation of the recommendations should be prepared by the Government for adoption by Parliament. 

(3) To appoint the Inspector-General of Police (IGP)  as recommended by an independent Selection Board consisting of a representative from the Home Ministry, retired judges, retired senior police officers, SUHAKAM commissioners, representatives of the Bar Council and other civil society organizations. If the recommendation is not accepted by the Home Minister, it should be automatically referred to the Parliamentary Standing Committee on Home Affairs for hearing and decision making.

(4) To decentralize the Police Force from its present centralized authority, and to move the Federal Constitution provision relating to the police from the Federal List to the Concurrent List. At present, the police is exclusively emplaced within the Federal jurisdiction. This has led to the politicization of the police. The greatest benefit from decentralizing the police is that it allows local public feedback to be better incorporated into police work. This tie-up will ensure more effective crime prevention, and will definitely have a positive impact on police work.

(5) To take immediate action to arrest and charge all police personnel involved in the latest series of custodial deaths. Only through a swift and transparent judicial process will it enable the police force to clear its name!

Issued by the Executive Council of Gabungan Bertindak Malaysia

Note: GBM comprises of the following 25 civil society organisation members:

1)  Kuala Lumpur & Selangor Chinese Assembly Hall (KLSCAH) 吉隆坡暨雪兰莪中华大会堂

2)  Aliran 国民醒觉运动

3)  Tamil Foundation 淡米尔基金会

4)  Pertubuhan IKRAM Malaysia (IKRAM) 马来西亚回教革新理事会

5)  Majlis Perundingan Malaysia Agama Buddha; Krisitian; Hindu; Sikh dan Tao (MPMA-BKHST) 马来西亚五大宗教理事会

6)  Negeri Sembilan Chinese Assembly Hall (NSCAH) 森美兰中华大会堂

7)  Penang Chinese Town Hall (PGCTH) 槟城华人大会堂

8)  The Federation of Chinese Associations Johore State (FCAJ) 柔佛中华总会

9)  Lim Lian Geok Cultural Development Centre (LLG) 林连玉基金

10) United Chinese School Alumni Associations of Malaysia (UCSAAM) 马来西亚华校校友会联合会总会

11) Muslim Professionals Forum (MPF) 穆斯林专业论坛

12) Suara Rakyat Malaysia (SUARAM) 人民之声

13) Pusat Komunikasi Masyarakat (KOMAS) 社区传播中心

14) Saya Anak Bangsa Malaysia (SABM) 马来西亚之子

15) Persatuan Masyarakat Selangor dan Wilayah Persekutuan (Permas) 雪隆社区协会

16) National Indian Rights Action Team (NIAT) 全国印裔权益行动组织

17) People’s Green Coalition (PGC) 马来西亚人民绿色联盟

18) Anak Muda Sarawak (AMS) 砂拉越青年之子

19) All Women’s Action Society (AWAM) 妇女行动协会

20) Partners in Community Organising (Pacos Trust) 沙巴社区伙伴信托组织

21) Persatuan Bekas Siswazah Universiti dan Kolej di China, Malaysia (Liu-Hua) 马来西亚留华同学会

22) Nanyang University Alumni Malaya (Nanda) 马来亚南大校友会

23) Japan Graduates Association, Malaysia (JAGAM) 马来西亚留日同学会

24) Gabungan Persatuan Alumni Universiti Taiwan Malaysia (GPAUTM) 马来西亚留台校友会联合总会

25) Islamic Renaissance Front (IRF) 回教复兴前线组织

                                      

--

Gabungan Bertindak Malaysia(GBM)
Plan of Action for Malaysia  (PoAM) 马来西亚行动方略联盟(行动方略联盟)
c/o The KL & Selangor Chinese Assembly Hall (KLSCAH) GBM Secretariat

Phone: 03 2272 3594/012 320 6959    Fax:03 2272 4089

https://www.facebook.com/pages/Gabungan-Bertindak-Malaysia-GBM/163726347067478?fref=ts

Email: infogpoam@gmail.com

P Karuna Nithi(42) Death-in-custody - 1 June 2013(Saturday)

P Karuna Nithi, a 42-year-old former engineer, was the latest death-in-custody victim who died in a lock-up in Tampin on Saturday.

This follows the death of N Dhamendran, 32, who died at the Kuala Lumpur police headquarters on May 21, and the death of R Ramesh Jamesh, 40, who died at the Penang police headquarters on May 26.- Malaysiakini, 3/6/2013, Don't practise double standards, Waytha tells police

R. Jamesh Ramesh(40) - Another Death in Police Custody - 27 May 2013

There are CCTV that monitors detention cells (but alas in Malaysia, the CCTV would not have had recording capabilities), and they did not know that a man in the police lock-up was dying ...dead. What time did he die?

Liver Failure, Heart failure, etc -  But the question was what caused it. Was there torture involved? Why did the police not send him to the hospital...Did he have an history of liver problems?

And really police must stop defaming the dead. Most times when a person dies in police custody, the report normally tries to give the perception that this was a bad person. But unless one is tried and convicted by the courts, that person must be presumed innocent until proven guilty.

The death is already a great loss to family and loved ones - so please Mr Policeman just tell us about the death, and stop trying to make out the victim as being a 'bad person'. In the Jamesh Ramesh case, first report says his urine tested positive and so he was arrested. What really is the basis of mentioning things like "...hardcore drug addict..."

In the 2nd report, they say that "...unemployed and had a criminal record for robbery..." - Why do the police even have to disclose this now? What criminal record? 

WHY do the police usually paint a 'bad picture' of people who die in police custody...lock-ups? It matters not whether he was a serious criminal or a saint - all that matters now is WHY did this happen?

The only question that should be occupying the mind of the police is WHY and HOW did he die in the lock-up? How come police officers monitoring the lock-up did notice him about to die, dying.....etc? How come none of the fellow detainees were unaware? What time did this man really die?

ANOTHER CUSTODIAL DEATH! Man found dead in Penang police lock-up

 
  

A man was found dead while being detained at the Penang police contingent headquarters lock-up here today.

Penang CID deputy chief ACP Nasir Mohd Salleh said R. Jamesh Ramesh, 40, was found dead at 10.30am.

He said the man, who is believed to be a hardcore drug addict, was picked up by the Timur Laut narcotic team in Jalan Patani here yesterday after his urine was tested positive for drug.

The case is classified as sudden death and the body was taken to Penang Hospital for post mortem, he added. - BERNAMA - Malaysia Chronicle, 27/5/2013, ANOTHER CUSTODIAL DEATH! Man found dead in Penang police lock-up 

GEORGE TOWN: Police have confirmed that the death of a 40-year-old detainee in the Penang police contingent headquarters lock-up yesterday was due to liver failure.

State CID deputy chief, ACP Nasir Mohd Salleh said the nature of R. Jamesh Ramesh's death was confirmed by the hospital after a post-mortem.

 

He said there were no injuries on the body and no criminal element involved.

 

"Police have also recorded statements from the deceased's cellmates and they claimed that the deceased was in a state of 'high' throughout the night," he told reporters here today.

 

Jamesh Ramesh who was unemployed and had a criminal record for robbery was arrested in front of a community hall in Jalan Patani, here, on Saturday when he was found positive for morphine in a urine test.

 

Police only realised that he was dead when they came to the lock-up at 10.30am yesterday to bring him to court for a remand order. -- BERNAMA

Read more: Penang detainee's death due to liver failure - Latest - New Straits Times http://www.nst.com.my/latest/penang-detainee-s-death-due-to-liver-failure-1.287713#ixzz2Ug7UL5nl

• Alarm over seventh custodial death in 2013 alone
• 4:28PM May 29, 2013
• Penang Suaram has expressed alarmed over yet another case of death in police custody, which took place less than seven days after the “ghastly” death of N Dharmendran on May 21.
  
  The NGO said in Penang, suspected drug addict R Jamesh Ramesh has become yet another number in the death-in-custody statistics, adding it was concerned over the sudden rise of such deaths.
  
  It wants Home Minister Ahmad Zahid Hamidi and inspector-general of police Khalid Abu Bakar to take responsibility for this latest death and announce to the public what action will be taken against the officers in charge of Jamesh, and when.
  
  “We expect nothing short of transparency and independence of the police and the Home Ministry in this matter,” Penang Suaram said.
  
  “In 2012, we received nine cases of deaths in police custody,” the NGO added in a statement.
  
  “Yet in less than half-a-year, six cases have already been reported, making Jamesh the seventh death in 2013 alone. These are just reported cases,” the NGO stressed.
  
  Arrested for taking drugs
  On Saturday, Jamesh, a 40-year-old jobless man, was arrested for allegedly taking drugs by Narcotics Department policemen at a community hall in Patani Road.
  
  The next day, he was sent to the lock-up around 4pm after his urine test was found to be positive for morphine.
  
  State deputy CID chief ACP Mohd Nasir Salleh said Jamesh “was seen to be in a normal condition by other detainees in the cell on the same night”.
  Jamesh was found unconscious on Sunday morning by police officers, and was later declared to have died of liver failure.
  
  Penang Suaram has urged the family members of Jamesh to come forward with information.
  
  The NGO wants police to probe all the circumstances surrounding the death of Jamesh by revealing the daily journal kept by the officer-in-charge of him during his brief detention.
  
  They urged the police to ensure that there is justice for the victim, and if there were any police officers involved in his death, they should be made responsible.
  
  Inquest into Jamesh’s death sought
  
  Penang Suaram also called for an inquest to be held into the death of Jamesh.
  
  “The Criminal Procedure Code provides that when a person dies when in the custody of the police, the officer who had custody of that person shall immediately give intimation of such death to the nearest magistrate and that the magistrate shall hold an inquiry into the cause of the death,” said the NGO.
  
  “We add our voices to those who are already calling for the home minister to hold an urgent and open enquiry to establish why so many deaths in custody are occurring,” it added.
  
  “There is widespread public concern which needs to be addressed. For as long as the police are seen to be allowed to act with impunity, they have little credibility,” it stressed.
  
  Penang Suaram said police credibility was further in question due to the speedy approach taken by the police in arresting peaceful dissenters at public rallies.
  
  The NGO was referring to four political and civil society figures who have been charged under the Sedition Act.
  
  This week alone, five political party leaders have been charged under the Peaceful Assembly Act for not complying with the terms in the Act to notify the police 10 days prior to holding a rally.- Malaysiakini, 29/5/2013, Alarm over seventh custodial death in 2013 alone
  

Dharmendran's case - Desk duties for four cops

Desk duties for four cops over Dharmendran's case

Bernama 5:47PM May 29, 2013

Four policemen including an officer who investigated a shooting case in Bandar Tun Razak, Cheras, which resulted in the death of N Dharmendran while in police custody, have been reassigned to desk duties, said city police deputy chief SAC Amar Singh Ishar Singh.

He said they had been reassigned to desk duties at the Kuala Lumpur police headquarters so as to facilitate the probe into Dharmendaran’s death by officers from Bukit Aman (Federal police headquarters).

Criminal elements were suspected in the death of Dharmendran, 32, who was detained at the Kuala Lumpur police headquarters lock-up.

On Tuesday, Dharmendran had complained of chest pains while held at the lock-up but was pronounced dead on arrival when he was brought to the Kuala Lumpur Hospital.

Yesterday, Bukit Aman director of management Mortadza Nazarene said police will be setting up a special committee headed by inspector-general of police Khalid Abu Bakar soon to look into the welfare of suspects held in lock-ups.

Earlier, Amar Singh had handed over a Royal Malaysia Police letter of appreciation to Constable Muhalim Osop for “keeping his cool” under extreme provocation by a group protesting the detention of a student activist in front of the Jinjang police station in Kuala Lumpur on Thursday.

Muhalim, 22, from  Sabah, who was on guard duty that night, was subjected to all kinds of insults from the protesters but he just went about doing his duty.

The protesters had demanded the release of student activist  Adam Adli Abdul Halim who had been detained under the Sedition Act 1948 for allegedly urging the people to topple the government ala the ‘Arab Spring’ at a forum held in the city recently.

“There was a woman among the group who claimed to be a lawyer and was pointing a finger at his (Muhalim’s) face but he handled the situation very professionally and acted wisely to calm down the protesters,” Amar Singh told reporters.

- Bernama - Malaysiakini, 29/5/2013, Desk duties for four cops over Dharmendran's case

Dharmendran - dead in police custody - classified as murder

Dharmendran - dead in police custody - classified as murder - but apparently still no police officer arrested..

"I [N Surendran] have been allowed to view Dharmendran's body with lawyer Latheefa Koya and the family members of the deceased after the pathologist had allowed us to view it at the Kuala Lumpur Hospital (HKL) mortuary."

"There were physical evidence of beatings and torture to the front of his thighs, and at the back of his body, there were beating marks on his back (severe to the point that) it had swelled up.

"The ears are stapled and there are staples left intact, which could be (clearly) seen on the ears. - Death in Police Custody - N Dharmendran (21 May 2013?)

There is really no reason whatsoever to beat up suspects. As of 2007, whatever confessions or things that are told by the suspect to the police cannot be used in cases to ensure conviction of the suspects. So why beat up suspects? There has just been too many deaths in police custody.

Death In Police Custody

147 Deaths in Police Lock-Ups in 2000-2009 period

A report by Bernama is attached below but I am not sure whether it is about N Dharmendran or a different case. For more about the Dharmendra case, visit MADPET Blog or just follow this link Death in Police Custody - N Dharmendran (21 May 2013?)

Man dies after breathing difficulties at lock-up

Bernama 4:45PM May 22, 2013

A man died after complaining of breathing difficulties while being detained at the Kuala Lumpur police headquarters lock-up in Kuala Lumpur last night.

In the 9pm incident, the man had complained of chest pains before being brought to the Kuala Lumpur Hospital but was pronounced dead on arrival, said City CID chief Ku Chin Wah.

He said the 32-year-old man was one of four suspects arrested in connection with a shooting case in Bandar Tun Razak, Cheras on May 11.

“A post-mortem will be done at HKL,” he told a press conference in Kuala Lumpur today.

In other developments, Ku said police had been given an extension on the remand till Monday on the second suspect held in connection with the murder of Customs deputy director-general (Customs/ Internal Tax) Shaharuddin Ibrahim.

He said police needed more time to wrap up investigations.

Shaharuddin was shot dead while on his way to work in Putrajaya in April 26.

- Bernama - Malaysiakini, 22/5/2013, Man dies after breathing difficulties at lock-up

Things have moved on and it has been classified as 'murder'

Autopsy done, ‘evidence points to murder’

G Lavendran | May 23, 2013

The preliminary post-mortem findings reveal that N Dharmendran died of multiple blunt force trauma.

PETALING JAYA: The preliminary post-mortem conducted at Hospital Kuala Lumpur has revealed that police detainee N Darmindran had died to severe blunt force trauma.

HKL pathologist Dr Siew Sheue Feng’s report, which was given to the deceased’s family last night, ruled out heart attack or asthma as the cause of death as claimed by the police.

Darmindran, 32, an Indah Water employee, had been in police detention since May 11.

Lawyer G Sivamalar, who accompanied the family to retrieve the post-mortem report, said that the pathologist had struck out all natural causes.

“So far, the evidence points to murder, at least that would be a fair claim.

“Now it’s all up to the investigating officer at Dang Wangi police station ASP Kamarul Rizal to give the final verdict,” she said.

“The police can’t use the excuse that the injuries were caused during the fight Darmindran was involved in on May 11 as the pathologist confirmed that the injuries were ‘fresh’,” she added.

After speaking to the pathologist, Sivamalar also said that Darmindran’s back and buttocks were also severely injured along with another two staples found on his legs.

“The pathologist said that that his back and buttocks were severely injured, also his thighs and legs were badly swollen due to injuries,” said Sivamalar.

“On top of that, they found another two staples – one on each ankle. Four staples were found on the body of the deceased, including the two on his ears,” she added.

Mock funeral at IPK KL

Sivamalar said that the family was willing to fight till the end in order to seek justice for Darmindran.

“The family is staying strong, they want the police to be honest and for once provide justice for the people,” she said.

“They want Darmindran’s case to be the last of its kind and hoped that police brutality would cease for good,” she added.

The family’s lawyers, who include PKR MP for Padang Serai, N Surendran and PKR lawyer Latheefa Koya would discuss further with the family of Darmindran on their next plan of action.

The funeral would be held today at Darmindran’s residence in Taman Mulia, Bandar Tun Razak in Cheras.

The family would also be holding a mock funeral outside the Kuala Lumpur police headquarters, where the deceased was detained.

Following the post-mortem report, the police have reclassified the probe as a murder investigation. - FMT News, 23/5/2013, Autopsy done, ‘evidence points to murder’

 

Sunday May 26, 2013

Leave no stone unturned in latest death in lock-up case

The Star Says

THE new IGP surely isn't having it easy. Just days into his appointment, Tan Sri Khalid Abu Bakar has had his hands full dealing with Opposition rallies, arrests of people for sedition and cracking down on gun violence.

But perhaps the most difficult and sensitive matter before him is the death of yet another police detainee.

Although police initially said N. Dharmendran died from “breathing difficulties”, a post-mortem revealed he died from “multiple blunt force trauma”. Bluntly put, he was most likely beaten to death and the case has swiftly been reclassified as murder.

City police chief Deputy Comm Datuk Mohmad Salleh also announced the setting up of a task force to investigate.

So far, the police have responded to this new crisis quite well. Perhaps they have learned from the public relations nightmare involving the 2009 death of A. Kugan in the Subang Jaya police station.

In that case, public anger was fanned by conflicting reports from two post-mortems on the cause of death of the suspected car thief. But photos of Kugan's body with incriminating wounds and bruises went viral, leading to widespread belief of police brutality. Eventually, police constable V. Navindran was charged and convicted of causing hurt to Kugan.

Navindran subsequently claimed he was made the scapegoat. Through the whole messy case, the police image took a severe beating as accusations of cover-up and brutality and torture being commonplace in lock-ups swirled.

Kugan's death at the hands of the police remains an angry, sore point with the public, especially the Indian community. If Dharmendran's death is not handled properly and satisfactorily, it could explode with similarly nasty consequences.

Dharmendran, 32, was detained on May 12 along with three others after they were suspected to have been involved in a shooting case in Bandar Tun Razak two weeks earlier.

DCP Mohamad, while saying Dharmendran might have been murdered while in custody at the Kuala Lumpur police headquarters, declined to elaborate on the nature of the deceased's injuries.

He also urged the public not to speculate and to allow the police time to conduct a full investigation.

The problem is people will speculate as long as police continue to withhold information like the deceased's injuries. It has already been widely reported that there were signs of bruises and staple marks on his body.

Granted, the police have promised to investigate, but it is perhaps better for an independent body to do so. This will give the public confidence that there is transparency and no cover-up.

What Khalid must also do immediately is to review the protocol on how detainees are interrogated and treated. Again, how this is conducted will also affect public perception of the force.

It may also be timely for him to consider supporting the implementation of the Independent Police Complaints and Misconduct Commission as proposed by the royal commission of inquiry in the police in 2007.

A young father has been murdered. His family and the public are demanding answers. No stone must be left unturned, even if it means revealing ugly truths, so that Dharmendran's murderers can be brought to justice and safeguards are in place to prevent custody deaths from happening again.- Star, 26/5/2013, Leave no stone unturned in latest death in lock-up case

But, I believe, still no police officer has been arrested.....only saw reports about the wife being called in for investigations...Tell us how many witnesses have been investigated. What has happened to the suspected police personnel? Have they been suspended at the very least? 

Now, if the victim was tortured to death by the police, then we hope that criminal action [not some disciplinary action] be taken against all the police officers involved in physically torturing the victim, all police officers that 'knew about it' and did nothing - for they should also be punished as 'accomplices'.

The Officer in Charge of the said police station, if he is a person of honour, should immediately tender his resignation for his gross failings as OIC that has resulted in the torture and 'murder' of a suspect...What do you think?

Have the Prime Minister, the Home Minister and/or the IGP visited the family of Dharmendran to extend at the very least their condolence - for after all the death happened in the custody of the police...or they have just not bothered. 

The SUHAKAM also cannot act - because there are no Human Rights Commissioners since April 25th...that is if one is wondering why SUHAKAM has not made a statement with regard this case.... 

Death in Police Custody - N Dharmendran (21 May 2013?)

Worst custodial death case since Kugan, says Surendran

Hafiz Yatim 2:31PM May 22, 2013

The latest case of custodial death, that of N Dharmendran, is the worst that lawyer and newly-elected lawmaker N Surendran has seen since the death of A Kugan in 2009.

Surendran (left) - who has been appointed as lawyer for the family - said both Dharmendran's ears were stapled, and that there had been severe marks of having been hit by the authorities on his thighs and back.

"I have been allowed to view Dharmendran's body with lawyer Latheefa Koya and the family members of the deceased after the pathologist had allowed us to view it at the Kuala Lumpur Hospital (HKL) mortuary."

"There were physical evidence of beatings and torture to the front of his thighs, and at the back of his body, there were beating marks on his back (severe to the point that) it had swelled up.

"The ears are stapled and there are staples left intact, which could be (clearly) seen on the ears.

"This is the worst case that I have seen since Kugan,” said Surendran, who is the newly-elected Padang Serai MP.

Surendran noted that the pathologist will be conducting a post-mortem at about 2pm, and that the results or initial findings would be obtained later.

Dharmendran, 31, was picked up by police on May 11 after he lodged a police report at the Pudu police station when he had been involved in a fight. He has been in remand since that day at the Kuala Lumpur police contingent headquarters.

His parents and wife had not been told of Dharmendran's (left) arrest and were only informed of the matter on Sunday and managed to see him at the police lock-up on the same day. The victim is also known to have asthma.

The victim was supposed to be released on bail yesterday, and the police had waited in court.

However, his wife received a call from the police, who informed her that her husband had passed away and asked her to identify the body at the HKL.

They went there, but were not allowed to view Dharmendran's body until just now.

Earlier details showed that the post-mortem will be performed by Dr Siew Sheue Feng, a HKL pathologist who had also performed checks on alleged sodomy victim Mohd Saiful Bukhari Azlan.

Kugan, 23, from Puchong - and who worked part-time as a tow truck operator - died at the Taipan police station after he was arrested over a spate of thefts of alleged luxury cars in the area. The Kugan case is the subject of an ongoing legal suit by the family against the police and the government.
'Suspend police officers involved'
Following this, Surendran has called on the police to suspend those who had interrogated Dharmendran.

He then urged newly-appointed inspector-general of police (IGP) Khalid Abu Bakar to form an independent investigation team to investigate the death of Dharmendran.
"The investigation should be done by others who are not from the Kuala Lumpur police contingent headquarters to ensure that there is transparency and independence," he stressed.

In addition, Surendran also called on new Home Minister Ahmad Zahid Hamidi (right) to step in as well to guarentee that action will be taken on those responsible.

"The new home minister, besides the new IGP, should ensure the transparency and independence in the police probe into the matter. The authorities should also review their policies of torturing people like in the Kugan case and in Dharmendran's case, as the physical evidence shows," he said.

Surendran added that he - along with the family members of Dharmendran - will be awaiting for the post-mortem, which is expected to be completed later this evening.- Malaysiakini, 22/5/2013, Worst custodial death case since Kugan, says Surendran

“The Death Penalty: Why, and how to Abolish it?” - UN Deputy High Commissioner for Human Rights, Ms. Kyung-wha Kang

Statement of the UN Deputy High Commissioner for Human Rights, Ms. Kyung-wha Kang, at the high-level event on “The Death Penalty: Why, and how to Abolish it?”

25 February 2013

Mr. President,
Madam Moderator,
Excellencies,
Ladies and Gentlemen,

On behalf of the High Commissioner and all of us at OHCHR, may I say how grateful I am to the International Commission against the Death Penalty for organising this high level meeting to discuss why and how to abolish the death penalty. Our thanks go also to the Permanent Missions of Argentina, Norway, Spain and Switzerland.

Developments over recent years in all regions of the world indicate a growing trend towards abolition. But we cannot sit content at the achievement. Reaching our goal continues to require concerted and conjoined advocacy at the local and global levels. Abolishing the death penalty takes political courage. There are always some who will try to manipulate public concerns about heinous crimes for their own purposes and call for the retention or reintroduction of the death penalty. Such attempts should be countered with leadership, reason and mutual support between States, civil society organisations and other stakeholders. Leaders need to explain the ethical and practical reasons for abolishing the death penalty to their constituencies.

Why abolish the death penalty? 

The reasons, particularly from the human rights perspective, are compelling.

The death penalty undermines human dignity and is irreconcilable with human rights. Its abolition is needed to fully safeguard the most sacred of all human rights, the right to life. In this regard, let us recall that in the 1960s, when drafting the International Covenant on Civil and Political Rights, its authors were already paving the way for the move in international law towards the abolition of the death penalty. The last paragraph of article 6 of the ICCPR on the right to life provides that “nothing in this article shall be invoked to delay or prevent the abolition of capital punishment in any State party to the Covenant”.

Beyond the right to life, the death penalty invariably entails cruel, inhuman and degrading treatment in violation of international law. The cruelty of the death penalty starts long before the actual killing, when the condemned person sits on death row, caught between the fear of sudden and often violent death and the faint hope that appeals for due process or clemency could spare his life after all. Thus, as Mr. Juan Mendez, the UN Special Rapporteur on Torture, stated in his report to the General Assembly, “there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and cruel, inhuman or degrading treatment or punishment”.

Furthermore, the application of the death penalty often leads to a violation of the right to equality and non-discrimination. In sentencing, the decision whether to sentence the convicted to death or life imprisonment is often arbitrary, disproportionate and devoid of predictable rational criteria. In this process, the odds are often stacked against the poor and persons belonging to minorities and other common targets of discrimination, such as LGBT persons.

Another crucial element is the finality of the death penalty, such that errors in the criminal justice system become irreparable. Miscarriages of justice cannot be fully eliminated from any legal system. Even the most developed and robust system, with multiple judicial safeguards, cannot provide an absolute guarantee of factual certainty in all cases. Whenever the death penalty is used, there is a grave risk that individuals are executed for crimes they did not commit, as shown in too many instances of individuals who were exonerated after conviction, often on the basis of evidence provided by DNA testing.

And finally, there is lack of merit in the common assertion that the death penalty has a deterrent effect. Research does not support this claim. On the contrary, some studies and research have actually revealed a correlation between the abolition of the death penalty and a decrease in murder rates. Other studies have concluded that capital punishment does not deter criminality more than any other form of punishment, and that the certainty of punishment, rather than its severity, deters criminals. To curb serious crimes, the focus should therefore lie on reforming the justice system and rendering it more effective.

Excellencies,
Ladies and gentlemen,

Today, we will also discuss how to abolish the death penalty. In this regard, the following measures should serve as our starting point.

De jure and de facto abolitionist States should join the 75 countries that have already ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

De facto abolitionist States should confirm such abolition in law and pending adoption of the law, establish an official moratorium on executions. Formal abolition is required to secure the outcome of the hard-won national debate and prevent it from unravelling in times of political turmoil and populism.

For all retentionist States, the first step toward abolition is the initiation of a dialogue on this issue. The effectiveness and transparency of such a debate requires the provision to the public of accurate information and statistics on criminality and on the various effective ways to combat it. In this regard, the lack of data on the number of executions or the number of individuals on death row constitutes a serious impediment that remains to be overcome in several States.

Until the death penalty is abolished, or a moratorium established aiming to abolish it, retentionist States should ensure, at a minimum, full compliance with all relevant provisions of the International Covenant on Civil and Political Rights (ICCPR). In particular, article 6 of the ICCPR provides that the application of the death penalty shall be limited to the “most serious crimes.” It should be recalled that this term has been interpreted to mean that the death penalty should only be applied to the crime of murder or intentional killing. 

Furthermore, according to article 6, the death penalty cannot be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

In addition, according to the jurisprudence of the Human Rights Committee, the sentence of death is so grave that it should not be mandatory. Nor can it be carried out in secret, as it would amount to inhuman treatment of the executed person’s family.

Retentionist countries must also ensure scrupulous respect of due process guarantees. In accordance with the jurisprudence of the Human Rights Committee, the imposition of a death sentence at the conclusion of a trial in which the provisions of article 14 of the ICCPR have not been respected constitutes a violation of the right to life. Furthermore, executions should not take place when an appeal or other recourse is pending, and there must be the possibility for the individual sentenced to seek pardon or appeal.

Ladies and gentlemen,

We must remain ever vigorous in explaining and persuading those who have yet to be convinced that the application of the death penalty is unjust and incompatible with fundamental human rights values. It is an affront to the right to life and human dignity, not just the dignity of the immediate victim, but our shared human dignity.

In this regard, I am confident and grateful that this high level meeting today and the 5th World Congress in June in Madrid will add much impact to that message and contribute to attaining our goal of the universal abolition of the death penalty.

May I wish you fruitful discussions. 

Source: United Nation Human Rights - Office of High Commissioner for Human Rights Website