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'Acquitted cops cast doubts on M'sia's human rights commitment'
Published:  Jun 30, 2016 11:18 AM
Updated: 9:09 AM

Amnesty International has questioned Malaysia’s commitment to ending serious human rights violations following the authorities’ failure to hold anyone accountable for N Dharmendran’s death.

On Tuesday, the High Court in Kuala Lumpur acquitted four police officers accused of torturing Dharmendran to death in 2013 while in police custody.

“The Malaysian police continue to evade accountability, even for the most egregious violations.

“This is merely the latest in a series of horrific cases where the police have operated above the law, with no consequences for their actions,” Amnesty International South East Asia and the Pacific deputy director Josef Benedict said in a statement yesterday.

He pointed out that since the coroner's court findings of police responsibility in Karuna Nithi and C Sugumar's death in custody cases, and by the Enforcement Agency Integrity Commission (EAIC) in the case of Syed Mohd Azlan Syed Nur, no one had been charged or held accountable for these cases.

The EAIC, which had investigated the Dharmendran case, concluded in April that the same police officers from the Serious Crimes Division (D9) acquitted yesterday were the ones responsible for Dharmendran’s death.

A pathologist’s report concluded that Dharmendran sustained 52 bruises on his body, as a result of excessive physical force being used.

But in his judgment on Tuesday, Justice Kamardin Hashim said the prosecution had failed to prove their case beyond reasonable doubt.

Overwhelming evidence

“The photographs of Dharmendran’s body, which were shared by the EAIC investigators, chillingly testify to the torture he was subjected to.

“It is an absolute travesty that even with such overwhelming evidence, no one is held responsible and justice continues to be denied.

“It is high time that Malaysian authorities woke up to such flagrant human rights violations.

“For far too long, the families and victims of police violations have failed to receive justice and reparations,” said Benedict.

Dharmendran, who had been detained for alleged attempted murder, complained of chest pains and collapsed while in the police lock-up at around 4.25pm on May 21, 2013.

On Dec 12, 2014, the High Court acquitted the four policemen of the murder charge at the end of the prosecution's case without calling for the defence of the accused.

However, on Feb 26 this year, the Appeals Court overturned the High Court's acquittal of the policemen over Dharmendran's murder and ordered them to enter their defence.

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