Suhakam urges police, AGC to hasten navy cadet death probe

Summary

• Suhakam has urged police and the Attorney-General’s Chambers to expedite their investigation into naval cadet J Soosaimanicckam’s death in 2017.

• The human rights commission laments that the prolonged delay contravenes international human rights standards under the Universal Declaration of Human Rights.

Suhakam today urged the police and the Attorney-General’s Chambers to hasten their probe into the death of navy cadet J Soosaimanicckam.

In a statement today, the commission expressed deep concern over what is termed a prolonged delay in the pursuit of justice for Soosaimanicckam, who tragically lost his life during a training session in 2017.

“The High Court had ruled that the death was a result of the navy officers denying him medical treatment for leptospirosis.

“In light of the High Court ruling, it is imperative that the police expedite their investigation and ensure those responsible are held accountable under the law,” the statement read.

Last month, Soosaimanicckam’s family members handed over a memorandum to the AGC, asking it to instruct the police to open a new investigation into his death.

The probe must be conducted by an independent and neutral team from the Bukit Aman federal police headquarters, the memorandum said.

“To our knowledge, there’s no investigation. Police have not conducted an investigation, and we have already sent (a) memorandum (to Bukit Aman).

“Because if they did an investigation, then they would have already asked the family to take (their) statements,” said PSM deputy chairperson S Arutchelvan at the press conference after the memorandum handover.

He said a special team must handle the investigation, due to the case involving navy officers.

Justice denied

Soosaimanicckam was pronounced dead at the Lumut Military Hospital on May 19, 2018, after alleged ragging during training.

“The fact that seven years have passed without resolution is a serious indictment of the justice system’s ability to protect the rights of victims and their families against criminal wrongdoings.

“Justice delayed is denied justice. In this case, prolonged inaction undermines public trust in state institutions, particularly law enforcement agencies.

“Whilst we recognise the complexity of cases involving state actors, Suhakam stresses that no institution should be immune from scrutiny when there is credible evidence of rights violations,” it said.

Suhakam said that the “tragic and preventable death” of Soosaimanicckam, coupled with institutional inaction, amounts to a failure to uphold this fundamental right.

Give clear timeline

Suhakam pointed out that the case also implicates international human rights standards, including the Universal Declaration of Human Rights (UDHR).

Article 3 of the UDHR guarantees the right to life, liberty and security of a person. Article 8 ensures that everyone has the right to an effective remedy by competent national tribunals for acts violating fundamental rights granted by the Constitution or by law.

The commission said that prolonged delays in investigation therefore contravene these human rights principles.

“Suhakam urges the police and the AGC to act with urgency, impartiality, and transparency.

“The family of the late Soosaimanicckam deserves justice and closure, and the public deserves assurance that all deaths in custody or under state supervision are properly investigated and those responsible are held accountable.

“Suhakam further calls for a clear timeline for the investigation and prosecution processes. There must be regular updates to be communicated to the family, and independent oversight to ensure the integrity of the investigation,” it added.

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