Eliminating Deaths and Abuse in Custody Together (EDICT) chairman M Visvanathan said the first step for family members or their lawyers is to write to the Attorney-General’s Chambers or the Coroner’s Court to conduct an in-house investigation.
“The law already mandates an independent inquiry to be held via a coroner as provided under Section 334 of the Criminal Procedure Code,” he told FMT.
Visvanathan, who is a lawyer and represents family members of those who died in police lock-ups and prison cells, said it was the function of the coroner to investigate when, where, how and the circumstances that led to the death of detainees or inmates.
He said this in response to elected representatives who have been calling for the Human Rights Commission of Malaysia (Suhakam), the Enforcement Agency Integrity Commission (EAIC) or an independent task force to investigate such deaths.
Klang MP Charles Santiago (DAP), Selayang MP William Leong (PKR), Sentosa assemblyman Gunaraj George (PKR), Rawang assemblyman Chua Wei Kiat (PKR) and Taman Templer assemblyman Sany Hamzan (Amanah) had attempted to present a memorandum to the home ministry yesterday, calling for investigations into the deaths of A Ganapathy and S Sivabalan.
The deaths of cow’s milk vendor Ganapathy on April 18 and security guard Sivabalan on May 20, both of whom died after being held at the Gombak police station, have led to allegations of police abuse, outrage from the public, and calls for police reform.
Post-mortem reports confirmed that Ganapathy died of necrotising fasciitis in the right lower limb, complicated by sepsis, while Sivabalan died after a heart attack.
Batu Kawan MP Kasthuri Patto called for the EAIC to act following the deaths of Ganapathy, Sivabalan and Surendran Shanker, who died at the Kluang hospital on Thursday, less than a month after he was held in Simpang Renggam prison.
According to Visvanathan, at the inquest, lawyers could hold a watching brief for the family members and question witnesses.
“Family members will be given all relevant documents, including post-mortem reports,” he said, adding that inquests were held in open court for the public to follow.
Visvanathan said family members could also file for revision in the High Court to challenge the outcome of the verdict by a coroner.
He added that an inquest would greatly assist family members to file suits for negligence as such evidence is admissible in the High Court during trial.
“However, an inquest must be held expeditiously as any legal action against the government must be filed within 36 months from the day the death took place,” he said.
Visvanathan said any other inquiry apart from an inquest had no legal effect and did not afford adequate justice to the family members of the deceased.
He said Suhakam was set up pursuant to a law passed by Parliament for the purpose of protecting and promoting human rights in Malaysia.
For example, he said, Suhakam could investigate if an unhealthy detainee died because no timely medical assistance was provided.
Similarly, he said EAIC was set up to investigate the conduct of law enforcement officers and submit proposals to the government.
Visvanathan said he was still hopeful that an independent police commission would be established to, among others, investigate any dereliction of duty by officers and ensure appropriate action was taken against them.
“We are also hoping that the Coroner’s Act, similar to that of the United Kingdom, is passed by Parliament to allow for an independent investigation the moment a custodial death takes place,” he added.