Coroner's Court and CCTV only 'cosmetic', say critics
While the setting up of permanent coroner's courts in every state is welcomed, these courts may not be able to effectively deal with custodial deaths since the investigations may not be independent, NGOs say.
NGOs say the latest measures announced to tackle custodial deaths are only "cosmetic" and do not address the main issue, which is holding the police personnel responsible accountable.
"Having centralised lock-ups with CCTV cameras and other gadgets are cosmetic touch-ups...
"Recently, when activists were arrested and placed in the Jinjang police station lock-up, the CCTV camera was not functioning. CCTV cameras, too, can be manipulated.
"Such acts (police violence) can only be eliminated if the police are conscious of the fact that there can be independent investigations and that they would be made accountable," the Stop State Violence Movement said.
The coalition of 29 NGOs said in a statement today that modern equipment would be useless if the police were not educated on human rights and adhered to standard operating procedures for lock-ups.
And while the setting up of permanent coroner's courts in every state is welcomed, these courts may not be able to effectively deal with custodial deaths since the investigations may not be independent, NGOs say.
They argue that without an Independent Police Complaints and Misconduct Commission (IPCMC), the police would continue to investigate their own personnel in death-in-custody cases.
"If (the IPCMC) is not established, we will end up sitting in a coroner's court, listening to the investigation papers done by the police against their peers...
"This strongly (reduces) the credibility of the court... The concept of independence for accountability must be the common thread pulling together the various reforms required for the police force as a strong, credible and effective institution," Stop State Violence Movement said.
It added that in forming these coroner's courts, the government should also study the experiences of Canada, United Kingdom, Japan and several other countries that have established such courts, for both positive and negative feedbacks.
Agreeing with this position, PKR's legal and human rights bureau chief Latheefa Koya also called for the appointments of the coroners, forensic experts and other officers who would assist the court to be done in an independent manner, based on competency and qualification.
"We have seen far too many institutions purportedly being set up to curb powers and protect rights, but they have been completely ineffective due to the BN government's interference," Latheefa said.
'Detainees can be abused outside lockups'
Both she and the Stop State Violence Movement were commenting on the government's announcement yesterday that it will set up coroner's courts and central lock-ups in every state, in a bid to curb custodial deaths.
Home Minister Ahmad Zahid Hamidi said all interrogations would take place at the central lock-ups, which would be fitted with CCTV cameras.
Latheefa (
left
), who has acted on behalf of families of victims in several death-in-custody and police brutality cases, added that setting up centralised lock-ups and interrogation rooms with CCTV cameras could only go so far as curbing detainee abuse in those places.
"In our experience in dealing with death-in-custody cases, victims are usually beaten and tortured outside the formal interrogation rooms, as the perpetrators are fully aware of the monitoring devices, etc, - as has happened in (custodial death victim) A Kugan's case," she said.
"It is about making police officers accountable whenever a suspect is taken out, to keep with procedures. For example, lock-up diaries must be entered properly and not fabricated.
"If and when an officer-in-charge fails to follow these procedures, he will have to be taken to task immediately. That is not the case now."
Latheefa also called for the training of investigating officers on the use of "modern, civilised techniques", rather than torture, which includes beatings, long hours of interrogation and threats.
Related stories
Gerakan: Coroner's Court senseless without IPCMC
MACC's Nadzri dropped from EAIC taskforce
