KUALA LUMPUR – A 63-year-old Pakistani man seeking asylum in Malaysia died at Sg Buloh Prison on February 17 after being picked up five months ago, with his family saying he was not able to communicate with them since his arrest.
They alleged they were also not told of his death and only found out through a friend – two days later.
M. Visvanathan, the lawyer representing Rafi Ullah’s family, said he will write to the Attorney-General’s Chambers (AGC) and coroner’s court to seek an inquest under Section 334 of the Criminal Procedure Code into the man’s death.
In a press conference today, Visvanathan said Rafi, who is a United Nations High Commission for Refugees (UNHCR) cardholder, was arrested on September 27 last year after he was involved in a fight with his neighbour over a cat.
Attempts by his wife and brother-in-law to get Rafi out of jail did not succeed, after they failed to raise enough money allegedly demanded by officers in charge of his detention.
Rafi was then understood to have been brought to the Kuala Kubu Baru magistrates’ court for a remand order before he was transferred to Tapah Prison and later to Sg Buloh Prison.
During his detention, Rafi’s brother-in-law, who only wanted to be known as Azhar, alleged that attempts by the family to meet Rafi were rejected, and they did not receive calls or updates from him or the authorities.
Visvanathan said it was only on February 19 that the family received news from a friend that Rafi had died two days earlier, with his body being held at the Sg Buloh Hospital mortuary.
He added that the family went to the hospital seeking a post-mortem, but this was rejected by the authorities, who insisted Rafi had died of Covid-19.
After filing a police report demanding an autopsy, the post-mortem finally took place. Initial results found that Rafi did not die of Covid-19, but of a heart attack.
“The doctor also confirmed that there were bruises on Rafi’s body,” said Visvanathan.
“The family has yet to sign any document to claim the body. They have been begging the police, Prisons Department and the hospital to allow them to view the body.
“At the moment, there is no document or confirmation that Rafi was, indeed, Covid-19 positive. It is speculation at best.”
Vivanathan said under the law, any death in custody must be investigated, and urged for an inquest to be carried out immediately.
“The inquest must investigate all the accusations that have been hurled by the family at the police and the Prisons Department. They must find out why he was held and why he was not allowed bail.”
Meanwhile, Rafi’s son, Hassan, who was also present at the press conference organised by the North-South Initiative, said he and his mother had visited Tapah Prison on December 8 to try to meet Rafi, but were told to leave.
“They were shoving us out, asking us to leave. So, we went home. I can’t understand why they didn’t allow us to meet him, it is not like he was a terrorist.” – The Vibes, February 25, 2021
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