KUALA LUMPUR – The ill treatment of detainees awaiting trial, lack of punishment against officers in charge, and unreasonable delaying of court proceedings are to be blamed for the worryingly high number of custodial deaths in Malaysia.
This is according to lawyer M. Manoharan, who is currently representing the family of 29-year-old school van driver Mohd Iqbal Abdullah, who died at a hospital yesterday, making him the latest death under police custody in recent months.
Speaking to The Vibes, Manoharan said detainees in the country are being mistreated despite the fact that they are supposed to be presumed innocent until proven otherwise.
He noted that among others, detainees are often physically abused while in custody, while basic necessities such as the right to healthcare and proper food are also often neglected by those in power.
“They (authorities) are not bothered. They treat those arrested as though they are already guilty. To them, detainees are guilty until proven innocent,” he said today.
Additionally, Manoharan said the lack of action taken against police and prison officers following a custodial death is shocking, with personnel often only transferred to other departments and desks.
“That’s why I have been proposing that upon a death in custody, the officer in charge must be sacked immediately, and charged for murder, manslaughter or criminal negligence.
“It doesn’t matter why a detainee dies, the officers should be liable because they are given the responsibility to take care of those under their watch.”
The delay in court proceedings should also be immediately addressed, said Manoharan, who noted that Iqbal’s case has been postponed several times for unknown reasons, following his arrest back in September 2020.
Manoharan, who is a former Selangor assemblyman for Kota Alam Shah, said there should be a system that mandates a trial be conducted within a certain period. Otherwise, the detainee should be released on bail, he said while claiming that many pending murder cases are being unnecessarily postponed, some remanded for years.
Iqbal, who was arrested and charged for murder, was reported to have died at the Tg Karang Hospital yesterday morning, with Manoharan claiming this was a result of negligence.
The lawyer had said yesterday that his client died while waiting for a scheduled appointment with a specialist, after suffering from stomach problems and unknown illnesses since his arrest.
Manoharan also alleged that Iqbal, a father of two, had been abused and assaulted twice, respectively by a police officer upon his arrest and a prison warden a couple of months ago.
His family has lodged a police report for medical neglect immediately following his death, and is demanding a thorough post-mortem be conducted.
Manoharan said he will also represent the family in filing a civil suit against the police and prison authorities for damages in causing Iqbal’s death.
“We will file the suit as soon as we get the relevant reports. We need some documents ready, such as the death certificate and post-mortem report,” he said.
Iqbal’s passing is the latest in a slew of custodial deaths in the country over the past few months.
On April 18, cow milk trader A. Gapanathy died while in police custody, followed by the deaths of security guard S. Sivabalan on May 20, less than an hour after being taken in.
Later on May 27, 21-year-old Surendran Shanker died just weeks after he was moved to the Simpang Renggam prison, almost a year after he was held at multiple facilities for a drug charge. – The Vibes, June 29, 2021
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