It said the two laws should be amended to provide for a provision placing the burden of proof on the enforcement agencies’ personnel who had custody of their detainees.
According to EAIC chairman Yaacob Md Sam, the personnel should be liable for any injury or death of the detainees while in their custody, until proven otherwise.
Dharmendran was arrested on May 11, 2013 for the attempted murder of two people in Cheras. He died 10 days later on May 21 while in custody at the KL police headquarters’ lock-up.
The commission found that Dharmendran had died as a result of the use of physical force by the policemen, with a pathologist noting that the suspect sustained 52 bruises from blunt force trauma.
The EAIC also recommended that all cases involving death in custody be investigated by an independent and experienced investigating officer.
The officer, it said, must not be from the same state police contingent where the death occurred, so as to ensure the investigation’s transparency and credibility.
Earlier, Bernama reported that the 299-page report would be handed over to Inspector-General of Police Khalid Abu Bakar and Attorney-General Mohamed Apandi Ali today for immediate action.
It would also be submitted to the office of the Chief Secretary to the Government, Health Ministry Secretary-General, the Home Affairs Ministry Secretary-General, Minister in the Prime Minister’s Department Paul Low and the Chief Registrar of the Federal Court.
The EAIC Report also recommended serious attention be given to several matters, including disciplinary action against certain police officers and personnel, and suggested that the Attorney-General consider criminal charges against them for making false entry and changing the entry in the D9 serious crime lock-up diary.
During the question-and-answer session, Yaacob said the EAIC findings were not connected and had not influenced the Dharmendran murder case, where the police personnel concerned were asked to enter their defence at the Court of Appeal because the report had nothing to do with the criminal case.
However, there was a possibility that the report could be used as evidence because it was made according to legal procedure and “everything was done under oath”.
The EAIC had held five public hearing sessions on the Dharmendran case which was open to the public and the media, from July 27, 2015 until Nov 16, according to Section 35 of the Enforcement Agency of the Integrity Commission Act 2009 (Act 700).
On Feb 26, the Kuala Lumpur Appeals Court had ordered Inspector S Hare Krishnan, 42, Sergeant Jaffri Jaafar, 46, Corporal Mohd Nahar Abd Rahman, 47, and Corporal Mohd Haswadi Zamri Shaari, 34, to enter their defence on the charge of killing Dharmendran, after setting aside their release by the Kuala Lumpur High Court.
They were charged with killing Dharmendran, 32, in the interrogation room of the Serious Crime Division (D9), Level 7, IPK KL at Jalan Hang Tuah between May 18-21, 2013.
Dharmendran had been detained on the charge of attempted murder involving firearms.