KUALA LUMPUR – Amnesty Malaysia recently hosted ‘Torture and Deaths in Custody in Malaysia’, an online film screening joined by Suaram executive director Sevan Doraisamy and Mohammad Alshatri. The two were behind the works 'Poca Boy' (2018) and 'Chilli Powder and Thinner' (2021) depicting the deeply alarming state of detainees behind the walls of police stations.
The event came about after the deaths of Ganapathy, Sivabalan, Surendran and Umar Faruq while under custody in recent months were made public.
According to the organiser, ACT4CAT, the names that made it to the news are just the tip of the iceberg. There are about three-quarters of custodial deaths hidden from our knowledge.
The abhorrent practise of torture goes on in darkness, where the two independent films will help showcase.
The screening is followed by a panel discussion. It focused on the state of our authority and the form of punishment/intimidation that exists within the system.
Just your luck?
In ‘Poca Boy’, we follow the story of Ang where his case is shared from the day of his arrest to the time the production was filmed. He was 16, bound by an ankle monitor that limited his movements up to 5km from his home.
The documentary, co-produced by Freedom Film Network and KiniTV, highlighted Ang's experience while being processed at the station. He was with two friends, one of whom eventually died while under police custody after having succumbed to fatal injuries.
It also tells the complexities of being a teenager having been slapped with the Prevention of Crime Act (Poca). And how it impacts the future, or its absence, of a minor.
Sevan described the significance of Poca towards the police force. “It grants them the power to arrest and detain an individual based on ambiguous provisions under the act without trial for a period of up to 60 days”.
“These 60 days can be broken down into the preliminary arrest for 24 hours. [Later on] an extension of 21 days with a statement in writing signed by a police officer, not below the rank of Inspector, and a further extension of 38 days with a statement in writing.
While such measures may be useful for the authorities to deal with major organised crimes or on criminals that are difficult to hunt, the act poses a threat among those caught at the wrong place and the wrong time.
“In Ang’s case, the irony is clear with the misuse of Poca against a case such as his. With the family (his mother) having received little support, it puts him more at risk of ending up a criminal or becoming mentally unstable,” said the Suaram representative.
“What has happened to Ang is not an isolated case and can happen to anyone,” said Alshatri.
“It is worse if a minor becomes a victim to the beatings, and what does it say about our system?
“Watching his case proves that it [the system] is not yet at an ideal state where it is capable to take care of the welfare of even the general public.”
He noted that Poca is meant for hardcore criminals and that Ang was subjected to it for not being one.
A culture that needs cleaning
He highlighted that there is little use for preventive law when it results in further complicating the perils of the cycle faced by those vulnerable to it.
“It clearly does not deter people from doing crime – how is Ang going to fit into the pattern of our society? It is difficult for a young person like him with a record of Poca to be accepted for a job, let alone education.
“The way that they [authorities] handled Ang’s case is undermining the faith we have towards our justice system. Unfortunately, those who would share the same fate as him would be painted with a tarnished image, which results in a fallback into the cycle of poverty and crime”.
In the screening, suspects and detainees are also shared to be beaten with wooden sticks, rubber hoses, chairs, and other objects. This is portrayed in the animation of ‘Chilli Powder and Thinner’, two common ingredients used during intimidation on suspects.
“It’s stressful for the survivors of torture and their families to cope with the situation,” said the person behind the true-story video. They added that anyone in detention should not be treated with zero dignity and have a right to seek counsel.
“What we [Suaram] also want to push forth is having an external and independent commission that exists when reports of abuse and misuse of power happen,” said Sevan.
“While there is an existing integrity department, it should not be that the police are investigating the police where no proper disciplinary action is taken.
“We also do not want a magistrate to be reduced to just rubber stamping and endorsing Poca and other acts of the kind without a clear evaluation.
“There should be a full-fledged independent investigation power where recommendations that fall under it should be taken seriously,” he said.
“We do not deny that there are good policemen and important figures in our forces. But to get rid of these bad apples is a collective responsibility,” he added.
*The event is organised by ACT4CAT, a civil society coalition advocating for the ratification of the Convention against Torture (CAT) as well as for the elimination of torture and other cruel, inhuman or degrading treatment or punishment in Malaysia. – The Vibes, June 27, 2021
