Police findings on custodial death stats questionable
ADUN SPEAKS The Malaysian police are not known for their transparency regarding deaths in custody. It is totally preposterous to hear that out of the 51 deaths in police custody between 2010 and 2014, only one was due to police misconduct.
In other words, according to the deputy inspector-general of police (IGP) Noor Rashid Ibrahim ( right ), 95 percent of the deaths in custody were due to natural causes like heart attacks, liver failure, jaundice, ulcers and lung disease.
I suppose the deputy IGP has conveniently forgotten that earlier this year in two cases of deaths in custody, one in Kuala Lumpur and another in Seremban, the coroners’ reports stated categorically that police were responsible for these deaths.
Whether the government will file action on the policemen responsible for these deaths remains to be seen...
Even if detainees die due to natural causes, the police cannot escape for being blamed, simply because they were prevented from getting the required medical help at an appropriate time.
In fact, there are a number of cases of deaths in custody where the police could have saved the lives if they had followed certain standard operating procedures (SOP) already in existence or followed the guidelines set by EAIC (Enforcement Agency Integrity Commission).
The existing SOP clearly spells out the actions that the police have to adopt when they detain people for alleged crimes committed. Those detained are deemed innocent until proven by the court of the law.
During the period of detention either in police-lockups or in prisons on remand, the police have to take all kinds of precaution to ensure the health and well being of detainees.
Natural deaths no excuse
If detainees die due to certain health-related problems, it means the police have not taken the necessary steps to send them to hospital for medical care. All deaths in custody are the responsibility of the police. The police cannot wiggle out of this situation by blaming the deaths on natural causes, as the deputy IGP has done so. This is not something acceptable.
I am rudely shocked that the police can adopt such a callous attitude towards those who die in custody. It is not that 95 of those who die in custody die of natural causes, but rather this percentage reflects the dire straits of the detainees and how the police have failed to provide proper medical attention.
If the government fails to address the problem of deaths in custody and if the police are not subjected to accountability, then the general public cannot expect much from the police.
We understand that the failure of law enforcement agencies to hold the police responsible for deaths in custody has provided the police to behave and act in manner that they are not subject to public scrutiny.
To date, very few policemen have been held responsible for deaths in custody. It is the omission on the part of the government to act in an impartial manner in investigating and prosecuting those responsible for deaths in custody that remains a major obstacle in the prevention of custodial deaths.
Whether the situation will improve in the future seems rather unclear.
Oversight needed, not more SOP
Government initiated mechanisms in terms of instituting SOP for the police force to prevent deaths in custody are not really serious attempts in reducing deaths. We need independent agencies with enforcement powers to monitor the entire process of arrest and detention to prevent custodial deaths.
Custodial deaths might not be increasing dramatically, but they seem to be occurring regularly. The victims of custodial deaths are not the rich or those who are well connected, but the poor, members of the working class. It is the poor and the unfortunate who are invariably the victims of custodial deaths.
There is definite class bias to those who die miserable deaths in custody.
Custodial deaths are not only occurring in police lockups but also in prisons, where detainees are sent on remand.
The government in power should not pretend and mislead the public of the necessity to push the country in the direction of a developed nation status. There are so many social, economic and political problems that need to be resolved in the first place.
Deaths in police custody will continue if there are no serious attempts to put an end to it. Don’t blame deaths on natural causes. This is the mark of high irresponsibility.
The police cannot investigate themselves. We need independent public agencies to monitor and regulate the police force. Establishment of these agencies must go beyond the present EAIC.
P RAMASAMY is Deputy Chief Minister II of Penang and the assemblyperson for Perai. He is also chairperson of the Penang government task force on deaths in custody.
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