Emulate MACC to stop custodial deaths, police urged

Emulate MACC to stop custodial deaths, police urged

Inquest proceedings and negligence suits can be avoided if there are clear SOPs, says EDICT.

Rights group notes that the number of suspects held under remand by the police is far higher compared to the MACC.
PETALING JAYA:
Law enforcement agencies, especially the police, have been urged to emulate the Malaysian Anti-Corruption Commission (MACC) in ensuring that the welfare of suspects under remand is taken care of.

Eliminating Deaths and Abuse in Custody Together (EDICT) chairman M Visvanathan said the anti-corruption agency had come up with SOPs after learning from its bitter experience following the death of two individuals in its custody more than 10 years ago.

“In the course of engaging with them, we know what steps MACC has taken to prevent custodial deaths,” said Visvanathan, who is also a lawyer.

He said an MACC officer was on duty at all times to observe suspects placed in their lock-ups after questioning or recording their statements.

“An officer remains on duty even though there is a functioning closed-circuit television camera,” he said.

Visvanathan said investigating officers even bought medicine, and had doctors on standby in case suspects became ill.

“The meals provided to suspects are reasonable. At times, the officers even buy food and drinks,” he said.

Visvanathan acknowledged that the number of suspects held by police was far higher compared to the MACC and police may not have the resources.

“However, inquest proceedings and subsequent negligence suits as a result of deaths in custody can be prevented if there are clear SOPs. The government need not pay damages that could run into hundred thousands of ringgit if it is found liable,” he said.

He said any untoward incident could be prevented at police stations, prisons and mental hospitals if the Lock-up Rules 1953 were strictly adhered to.

He said this in response to the recent death of lorry driver Umar Faruq Abdullah at the South Klang district police headquarters and the death of S Surendran at Kluang hospital following his detention at the Simpang Renggam prison.

Earlier, it was also reported that cow’s milk vendor A Ganapathy and security guard S Sivabalan died in hospital after being held at the Gombak police station.

FMT understands that MACC came up with its SOPs following the death of Customs officer Ahmad Sarbani Mohamed on April 6, 2011. He was found dead at an open air badminton court on the first floor of the Kuala Lumpur MACC branch.

MACC said he fell to his death trying to escape from the building and the coroner’s court ruled the death an accident.

Two years earlier, Teoh Beng Hock, a political aide to a Selangor executive councillor, died while in the custody of MACC in Shah Alam.

A royal commission of inquiry ruled Teoh’s death as a suicide resulting from abusive behaviour by MACC officers, a verdict which was rejected by the victim’s family.

However, the Court of Appeal in 2014 set aside the verdict and instead ruled that “a person or persons were responsible” for Teoh’s death.

The government in 2015 paid about RM600,000 in damages to Teoh’s family in an out-of-court settlement.

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