More than half of custodial death cases between 2000 and February 2011 were classified as 'no further action' (NFA).

In a parliamentary written reply to the DAP's Ipoh Barat MP M Kulasegaran, the Home Ministry had said 85 of the 156 custodial death cases, or 54.5 percent, were stamped as NFA.

Of the remaining 71 cases, only four were fowarded for an inquest.

Commenting on this, think tank Research for Social Advancement (Refsa) said the situation is not acceptable in law.

"This runs contradictory to the Criminal Procedure Code, which requires an inquiry to be conducted into all custodial deaths," Refsa said in a statement today.

It pointed out that this was also the position of the Human Rights Commission (Suhakam) and the Dzaiddin Commission which produced the Royal Commission of Inquiry Report for Police Reform: Challenges and Recommendations in 2005.

'Stop pointing fingers'

In the official feedback document from ministries and government agencies on Suhakam's 2009 annual report, the commission had proposed that inquests be made mandatory for custodial deaths.

In reply, the police stated: 'Investigations are made under Section 334 of the Criminal Procedure Code and the case would be informed to the magistrate who will decide whether an inquest was necessary.'

Conflictingly, the Attorney-General's Chambers replied in the same report that: 'Under Section 334 of the Criminal Procedure Code, the magistrate shall hold an inquest should any death occur in police custody. Existing legal provisions provide for automatic inquest for any death in police custody.'

Refsa said government bodies should not point fingers at one another.

"We need an independent inquest commission to call out errant officers without hierarchical pressure, while clearing up the murky clouds that are unnecessarily tainting the integrity of the police force," the think tank added.