The Malaysian Bar, disturbed with the high number of migrant deaths in custody, today urged the government to take immediate steps to address this pressing issue.

The Bar's law reform and special area committee chairperson M Ramachelvam said that based on figures quoted in Parliament recently, an average of one migrant died in a day while in custody.

He said the Parliament was told in July that some 2,029 persons died in prisons, rehabilitation centres and immigration detention centres between 2002 and June 2009.

He also noted that Suhakam commissioner N Siva Subramaniam was recently quoted as saying that 1,300 foreigners died in detention within the past six years.

"The authorities should conduct a thorough investigation to identify the underlying causes for this large number of deaths.

"Brushing off these deaths as being due to illness, asthma or suicide is unacceptable," he said in a statement today.

He said that it was important for the detaining authorities to ensure the well-being and care of the individuals under their custody.

He said questions must be asked if the deaths could have been avoided and whether the authorities were negligent in fulfilling their duty of care.

Authorities need to address deaths

In addressing this worrying situation, the Malaysian Bar called on the authorities to:

  • Monitor the health of all those in custody on a regular basis, especially those held in immigration detention centres. Detainees should be given regular medical check-ups and be given easy access to medical personnel and facilities.
  • Pay serious attention to detainees' health-related complaints.
  • Carry out an inquest into a custodial death each and every time it happens.
  • Reprimand and take disciplinary action against staff members who, through neglect or indifference, fail to prevent a death from taking place.
  • Allow detainees and detention centres greater access to lawyers and family members.
  • Monitor those in custody through the use of closed-circuit surveillance and regular patrols.

Ramachelvam also suggested that a board of visitors be set up in each detention centres to ensure greater accountability.

"The establishment of such boards, which would have the power to conduct unannounced visits, will demand greater accountability from the system.

"It will compel the detaining authorities to upgrade their facilities, become more transparent in their operations and be more vigilant regarding what is happening within the detention centres," he said.

He also said that open inquests must be held promptly and expeditiously to determine the cause of death of any person in custody.

The Malaysian Bar represents about 13,000 lawyers in Peninsular Malaysia.