Bar calls for inquests following Saifuddin's zero custodial deaths claim

The Malaysian Bar has expressed grave concerns over the claim by Home Minister Saifuddin Nasution Ismail that there have been no custodial deaths in immigration and police detention centres attributable to the authorities since he took office.

In a statement today, it emphasised several critical points that need immediate attention and action, highlighting that there needed to be a thorough and independent investigation by coroners into the claims.

“It is paramount to underscore that the determination of the cause of death in custody lies exclusively with the coroner, as stipulated in Section 334 of the Criminal Procedure Code. This mandates an inquest into deaths occurring in police custody. 

“Any assertions regarding the causes of these deaths must be made following a thorough and independent investigation by the coroner to ensure transparency and accountability,” said Malaysian Bar president Mohamad Ezri Abdul Wahab.

“The minister stated that the recent deaths in custody were all attributed to health reasons, including Covid-19, tuberculosis, and heart problems. This raises several critical concerns that need to be addressed promptly.

“Firstly, it is essential to determine whether these detainees passed away within the detention facilities or in a hospital setting. The location of their deaths is significant in understanding the conditions and care provided within the detention environment. 

“Furthermore, we must scrutinise the adequacy and timeliness of these individuals’ medical attention. Were they promptly attended to by qualified medical professionals and was the necessary treatment administered without delay?” he questioned.

‘All deaths due to health issues’

On July 2, Saifuddin claimed in a speech in Parliament that there had been no deaths in immigration and police custody since he took office.

“The deaths in police lockups were due to health issues such as Covid-19, tuberculosis, heart attack, and pneumonia. There were no cases of suicide or death due to injuries inflicted by the police,” Saifuddin said in his winding-up speech on Suhakam’s annual report.

Ezri said that the health and safety of detainees should be a priority and any lapses in medical care must be identified and rectified. 

It is crucial to investigate whether these deaths could have been prevented, he added.

“Was there any negligence on the part of the authorities in providing the necessary medical care?

“The failure to prevent deaths that result from treatable health conditions points to a serious breach of duty and highlights the urgent need for systemic reforms to ensure the well-being of all detainees,” he said.

Coroner should be sole determiner

He noted that the Malaysian Bar adopted a resolution at its 76th Annual General Meeting in 2022, which highlighted the need for stringent measures to address custodial deaths.

The resolution stated that deaths in custody must be immediately reported to the coroner, who should then visit the site, inspect the body, and commence independent preliminary investigations.

It also stated that the coroner should be the sole determiner of the cause of death, with the police and other public officers refraining from related public announcements.

“The resolution also calls for enacting a Coroners’ Court Act, with Sessions Court judges presiding as coroners; and establishing a Coroners Department to ensure independent and effective operations. 

“Additionally, the resolution recommends amending the Criminal Procedure Code to reflect judicial improvements and clarifications, educating public officers about the legal requirements for reporting and inquiring into custodial deaths, and referring the remaining unresolved cases of custodial deaths to the coroner for inquests.

“The resolution further calls for the Malaysian government to annually disclose the number of suspicious deaths, deaths in custody, and the findings of the coroner,” the Bar said.

The lawyers’ body added that the authorities have a duty to provide a safe environment for all detainees and the government should be striving for zero deaths in custody, not merely an absence of suicide and assault.

‘Minister talking rubbish’

The Bar is the latest group to respond critically to Saifuddin’s no-death claim. Eliminating Death and Abuse in Custody Together pointed out that only the Coroner’s Court can decide on that.

Its chairperson M Visvanathan said the minister was “talking rubbish” and pointed out that Saifuddin has no authority to state the causes of death as no inquiries were conducted.

Malaysians Against Death Penalty and Torture also questioned the veracity of Saifuddin’s claims in Parliament.

The NGO’s spokesperson Charles Hector said the minister had prematurely concluded that the detaining authorities were not criminally responsible for the deaths.

He also pointed out that custodial deaths from illness raise questions about the authorities’ culpability via negligence.

Meanwhile, Muda central committee member Dobby Chew commented that many custodial deaths in the past remain unaddressed, including that of the late Teoh Beng Hock.

“While it is commendable that deaths in police custody have been reduced within government records, past custodial cases remain unresolved, with perpetrators of torture and abuse in custody walking free.

“Until today, the Madani government has yet to address Teoh’s death. They have not initiated criminal actions against the perpetrators either,” said Chew.

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