Abuse of detainees in police custody in Malaysia pose a major concern, according to preliminary findings by the United Nations Working Group on Arbitrary Detention.

“From 2003 to 2007, 85 people died in police custody. The systematic absence of lawyers’ representation might contribute to the rampant abuse,” the working group’s chairperson-rapporteur El Hadji Malick Sow said.

Only a few people, he added, had access to lawyers because of the lack of financial means and awareness of their rights.

Although deaths in police custody had been investigated by the Royal Commission to Enhance the Operations and Management of the Royal Malaysian Police, the working group considers  investigations by external, independent bodies as also necessary, with the inquest into each case conducted as soon as death occurred.

Another major concern of the working group, which has been in the country since June 7, is the situation of migrants in Malaysia.

Malaysia is yet to rectify the 1951 United Nations Refugee Convention, Malick told a press conference at Wisma UN today.

“The detention of refugees is systematic. They are condemned by the court and often put in prison. They are not even given a chance to challenge the detention,” he explained, adding that no exception was given, even to refugees who have been identified by the United Nations High Commissioner for Refugees.

NONE Delegate Roberto Garretón ( right ), from Chile, said there appeared to be no culture of human rights in Malaysia.

“Few lawyers have used human rights and international conventions in their arguments in court. Judges have also confided to us that they do not take those arguments into account in their judgments,” he explained.

Things not all that bad

However, Malick did reveal some positive aspects of the government in the findings.

“We were invited by the government. Throughout our visit, they gave us full cooperation and we managed to speak to everyone, including senior government authorities from the Executive, Legislative and Judicial branches, civil societies and detainees,” he said, adding that the government was open to dialogue to improve the condition of human rights.

The delegates, whose visited to Malaysia is from June 7 until today, found conditions in the majority of prisons to be good and conducive for the inmates.