The Human Rights Commission of Malaysia (Suhakam) has ruled out the possibility of launching an inquiry into cases of custodial deaths as it does not want to 'usurp the powers of other authorities'.

"We will only hold public inquiries in the case of systemic human rights violation. We do not want to usurp the powers of the other authorities," commissioner KC Vohrah told reporters at the Suhakam headquarters in Kuala Lumpur today

He said under the Criminal Procedure Code, a magistrate has the discretion to hold an inquiry while the public prosecutor can order one into cases of deaths in police custody.

Vohrah also added that Suhakam wanted the law to be amended for an automatic death inquiry to take place whenever a death occurs in police custody or as a result of police action (unless someone is charged for causing the death).

Over the past few years, the commission has been urged on numerous occasions to initiate inquiries into the cases of suspects dying while under police detention.

Serial remand

Meanwhile, Vohrah and fellow commissioner Chiam Heng Keng released a 194-page report titled Human Rights and the Administration of Law, which among others, highlighted the problem of serials remands or 'road-show remands'.

"The law provides for remand under Section 11 but the spirit of the law is abused," said Vohrah, a former Court of Appeal judge.

The section allows the police, upon the approval of a magistrate, to detain suspects for a period of 14-days to facilitate investigations.

Vohrah said while there was a circular drafted by former chief justice Mohamed Dzaiddin Abdullah on proper procedures for remand in 2003, high-ranking police officers remained in the dark about it.

"We have often brought this issue to the authorities and often in great detail but at a lecture we gave to police officers, they were unaware of the circular," he added.

He said district officers, who are authorised to approve remand orders, were also unaware of the circular.

The commissioner stressed that all law enforcement officials be furnished with a copy of the circular.

Court cases

Asked on the delay in disposing court cases, which was highlighted in the report, Vohrah said court resources have been severely stretched.

"Malaysians are becoming more litigation conscious. I think that the burden that they (the courts) have to shoulder is a lot more than two decades ago, I think in order to get these cases expedited we must get people who can deliver," he added

Commenting on police inaction on crime reports, he said a possible reason could be due to indiscipline in the rank and file of the police force.

"We would be making representations to the police," he added.

Copies of the report, based on a similarly themed conference last September, was circulated to related authorities such as the police and the courts last month.