Human rights group Suaram today called on the Human Rights Commission (Suhakam) to pressure the government into releasing a 16-year-old witness in the S Balamurugan death in custody case from detention under the Prevention of Crime Act (Poca) 1959.

Suaram executive director Sevan Doraisamy, in a memorandum to Suhakam, also called for an inquiry to be conducted on the teenager's detention under Poca since Sept 1, and alleged abuses while in police custody.

“Suaram views the arrests...as being influenced by the unhappiness of Klang Utara police, because he had testified against them.

“Aside from that, if police had sufficient evidence, they should have charged him in court under the existing procedures,” said Sevan, in reference to the teenager's testimony as one of the witnesses in the Enforcement Agencies Integrity Commission (EAIC)’s public inquiry into Balamurugan's death.

The memorandum was received by Suhakam commissioner Loke Yim Peng at its headquarters in Kuala Lumpur today.

The teenager was first arrested for car theft on Feb 6 by police personnel from the Klang Utara district station, together with Balamurugan and K Tamilarasan.

“He was a witness to the abuses suffered by Balamurugan while in custody, and he was also subjected to similar abuses, when he was punched and kicked during the interrogation session,” Sevan said in condemning detention of the minor.

According to a case chronology that was attached to the memorandum, the teenager was subsequently released, re-arrested and detained under an extended remand order until Feb 25 to assist in investigations of Balamurugan’s death in custody case.

A health check subsequently revealed that the teenager sustained injuries – a bloody nose, wounds, swollen face and feet – consistent with signs of physical abuses while under custody.

On April 4, he was once again arrested for suspected involvement in a theft case, along with two others who pleaded guilty to the charge and sentenced to four months' jail.

He claimed trial to the charge and it was noted in the memorandum that his family did not post bail due to concerns he could be re-arrested once again.

After nearly five months, the teenager's family members eventually contacted Suaram to seek assistance, as well as lodging a formal report with the EAIC on Sept 10.

Having been detained for longer than the four-month jail sentence served on the two others, Suaram said the teenager was advised by his lawyers to plead guilty and secure his release on technical grounds.

The teenager was re-arrested on Sept 13, the same day he was released.

He was brought to the Shah Alam High Court the next day and remanded under Poca for 21 days.