KUALA LUMPUR – In the span of just six weeks, three custodial deaths have been reported in Malaysia, adding to the growing list of victims dying in detention.
This has raised the question of why such cases keep emerging despite similar incidents having previously garnered attention and caused public uproar.
According to Khalid Mohd Ismath, executive director of Eliminating Death and Abuse in Custody Together (Edict), many deaths in custody were not caused by physical abuse.
Instead, he told The Vibes, the majority of cases are attributed to ignorance and negligence on the part of police, or the Immigration or Prisons Department.
The widespread apathy among those in the top echelons of the government towards making changes to how detainees are handled is also to blame, he said.
The human rights advocate noted that there is an alarming number of police and prison officers who are ignorant of the existence of the Lock-Up Rules 1953 detailing how people under custody should be handled.
He said this is based on their testimonies during inquests into detainee deaths.
“If you look at their answers during the inquests, you’d be surprised to know that the majority of the personnel do not even know what the Lock-Up Rules are.
“They do not know their responsibility to ensure detainees get treatment if they are hurt or unwell, or to provide the proper medication and care if a prisoner is already suffering from a certain disease.
For me, this is unacceptable. They should at least have a sense of humanity to know that the sick need proper attention.”
Khalid’s comments follow the death of Surendran Shanker, 21, at Simpang Renggam Prison reported this week.
Previously, it was reported that A. Ganapathy and S. Sivabalan, too, died in custody, on April 18 and May 2, respectively.
Several quarters, including Pakatan Harapan’s security committee, have called for an inquest into this spate of deaths, pursuant to Section 334 of the Criminal Procedure Code.
While conducting an inquest will help determine the cause of a death in custody, and whether foul play or negligence was involved, better measures should be put in place to prevent such cases from even happening, said Khalid.
Primarily, the authorities must conduct training and refresher courses for their personnel on the Lock-Up Rules. Priority must be given to this, to avoid more blood on their hands.”
Have effective safeguards to prevent deaths
Senior lawyer Salim Bashir Bhaskaran said apart from conducting inquests and establishing an independent body to investigate custodial deaths, such cases can be prevented with better safeguards in place.
The former Bar Council president said these include measures to monitor the movements and welfare of detainees.
Additionally, he said, there must be strict adherence to the Lock-Up Rules by police, and Prisons and Immigration Department officers, and best practices complied with.
“They should also consider establishing custodial medical units at detention centres across the country, and ensure medical treatment is available to all suspects, especially those with pre-existing health conditions.”
Coroners’ Act needed
In a statement, Malaysian Bar president A.G. Kalidas said the recent spate of custodial deaths has stained the country, and urged for an overhaul of the system as a matter of utmost priority.
Describing the deaths as macabre, he said the frequency of these cases could send the wrong message that there is a lacuna of accountability by the authorities towards detainees under their care.
“There is much public outrage due to the current state of affairs, which may lead to the erosion of public confidence in the authorities and the government. Something must be done to correct this situation and perception.”
The Bar calls on the government to formulate the Coroners’ Act, to mandate that each and every death in custody is thoroughly investigated, he said.
“The role of coroners should be strengthened so that greater clarity can be provided in the inquiry process.” – The Vibes, May 30, 2021
