Malaysia: Can police be trusted to investigate their own failures? — Zan Azlee

Source: Asian Correspondence

Policemen stand outside North Korea's embassy in Kuala Lumpur, Malaysia, on March 7, 2017. Pic from Reuters

Policemen stand outside North Korea’s embassy in Kuala Lumpur, Malaysia, on March 7, 2017. Pic from Reuters

“I received a call from the police saying my husband was in a very serious condition. The next thing I know, he is dead,” said a sobbing S. Perimilah, the wife of the late M. Thanaseelan who died under police custody.

Thanaseelan’s passing is one of the 1,654 custodial deaths since 2010 until February 2017, according to Deputy Prime Minister Ahmad Zahid Hamidi who revealed the statistics in Parliament recently.

“I want to know if he died because of what happened to him when he was in police custody or after he had been sent to the hospital,” she said before having to be consoled off the stage by her daughter because she couldn’t control her emotions any longer.

Perimilah was one of the panelists at a public forum entitled Let’s Talk About Our Police at a suburb in the outskirts Kuala Lumpur over the weekend. The forum also saw in attendance lawyer R. Sivaraj from the  and the Sevan Doraisamy from human rights group Suaram. Read more

Why Malaysia should ratify the UN Convention Against Torture — Eric Paulsen

Source: FMT News

The Convention prohibits torture under any circumstances including during a state of war, internal political instability or any other public emergency, pic form FMT News.

The Convention prohibits torture under any circumstances including during a state of war, internal political instability or any other public emergency, pic form FMT News.

On 10 December 1984, the same day Anglican bishop Desmond Tutu was honoured with the Nobel Peace Prize for his non-violent struggle against the apartheid regime in South Africa, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was adopted by the UN General Assembly. Following ratification by 20 State Parties, CAT entered into force on 26 June 1987. Since then, an overwhelming majority of 161 State Parties have joined the Convention. As you might have guessed, Malaysia is not one of the State parties.

CAT is one of the first international treaties to globally address the issue of prevention of torture. The Convention prohibits torture – defined as the intentional infliction of severe mental or physical suffering for a specific purpose by a public official, who is directly or indirectly involved.

The objective of the Convention is to compel State Parties to emphatically prevent and criminalise acts of torture, and build instead a framework to cultivate respect for human rights. It compels State Parties to take ‘effective’ measures to prevent acts of torture in its territories and jurisdiction. It prohibits absolutely torture under any circumstances including during a state of war, internal political instability or any other public emergency. Further, ‘an order from a superior officer or a public authority’ cannot be used as a justification for torture. Read more

Balu mahu siasatan bebas kematian suami dalam tahanan

 

Komen HAKAM: Setiap kematian dalam tahanan polis semestinya disiasat. Pihak Suruhanjaya Hak Asasi Manusia (Suhakam) dan Suruhanjaya Integriti Agensi Penguatkuasaan (EAIC) sedang menjalankan siasatan sedemikian.

Soalannya, adakah siasatan-siasatan begini mencukupi untuk meraih keadilan bagi pihak-pihak semati dan keluarga mereka? Sedangkan pegawai polis mungkin terbabit dalam kesalahan yang membawa kepada kematian-kematian ini, adakah wajar ataupun mencukupi kalau hanya pihak polis yang diberi kuasa rasmi untuk menyiasat dan menjatuhkan apa-apa kehukuman terhadap anggota mereka yang disabitkan bersalah mengabaikan ataupun melanggari SOP polis ke atas tahanan polis?

Memandangkan kejadian-kejadian kematian dalam tahanan polis masih seringkali berlaku, bukankah wajar pertimbangan yang lebih berat dan mendalam diberi kepada seruan berterusan untuk penubuhan Suruhanjaya Bebas Aduan dan Salahlaku Polis (“Independent Police Complaints and Misconduct Commission (IPCMC)“)?

Sumber: FMT News

PETALING JAYA: Balu Thanaseelan Muniandy, yang meninggal dunia dalam tahanan polis bulan lepas, mahu siasatan bebas ke atas kematian suaminya.

Piremilah Sinasamy membuat laporan polis di IPD Petaling Jaya hari ini, meminta Bukit Aman menyiasat kematian itu.

“Pegawai dari balai polis Bukit Sentosa tidak boleh melakukan siasatan ke atas kematiannya kerana mereka mungkin terbabit,” kata suri rumah itu.

Piremilah mendakwa keluarganya tidak diberitahu mengenai penahanan Thanaseelan sehinggalah selepas kematian. Thanaseelan ditemui mati di balai polis Bukit Sentosa, Hulu Selangor 25 Februari lalu. Read more

Widow urges independent probe on husband’s death in lock-up

Source: FMT News

She files a report today stating police officers from the Bukit Sentosa police station should not be conducting investigations as they may be implicated. Pic from FMT News.

She files a report today stating police officers from the Bukit Sentosa police station should not be conducting investigations as they may be implicated. Pic from FMT News.

PETALING JAYA: The widow of Thanaseelan Muniandy, who died in police custody last month, wants an independent probe into her husband’s death.

Piremilah Sinasamy lodged a police report at the Petaling Jaya district police station today, urging Bukit Aman to conduct investigations on the circumstances and cause of his death.

“The police officers from the Bukit Sentosa police station should not be conducting investigations into his death as they may be implicated,” the housewife said.

Piremilah also claimed that the family was not informed of Thanaseelan’s detention until after his death. Read more

Widow urges independent probe on husband’s death in lock-up

Source: FMT News

She files a report today stating police officers from the Bukit Sentosa police station should not be conducting investigations as they may be implicated. Pic from FMT News.

She files a report today stating police officers from the Bukit Sentosa police station should not be conducting investigations as they may be implicated. Pic from FMT News.

PETALING JAYA: The widow of Thanaseelan MuniandyThanaseelan Muniandy, who died in police custody last month, wants an independent probe into her husband’s death.

Piremilah Sinasamy lodged a police report at the Petaling Jaya district police station today, urging Bukit Aman to conduct investigations on the circumstances and cause of his death.

“The police officers from the Bukit Sentosa police station should not be conducting investigations into his death as they may be implicated,” the housewife said.

Piremilah also claimed that the family was not informed of Thanaseelan’s detention until after his death.

Thanaseelan was found dead at the Bukit Sentosa police station in Hulu Selangor on Feb 25. Read more

EAIC probes latest death in custody

Source: The Malay Mail Online

EAIC chairman Datuk Yaacob Md Sam today proposed that it should be notified of disciplinary action taken by enforcement agencies. — Picture by Mohd Yusof Mat Isa

EAIC chairman Datuk Yaacob Md Sam says the commission has opened investigations on the death of M. Thanaseelan at a police station in Hulu Selangor. — Picture by Mohd Yusof Mat Isa

KUALA LUMPUR, Feb 28 ― The Enforcement Agency Integrity Commission (EAIC) announced today that it has opened investigations on the death of M. Thanaseelan at a police station in Hulu Selangor.

The commission said the case on the 43-year-old man’s death would be investigated if there was misconduct or criminal behaviour by police officers while handling the detainee.

“The EAIC views this incident seriously, which happened following two deaths in police custody: Soh Kai Chiok at IPD Bera, Pahang, on January 18 2017 and S. Balamurugan at IPD Klang Utara on February 8 2017,” EAIC chairman Datuk Yaacob Md Sam said in a statement.

The EAIC said its investigators have recorded statements by 53 witnesses in Soh’s case and 47 witnesses in Balamurugan’s case.

“Together with this statement, I call upon and urge all PDRM officers and officials to pay attention, take guidance from and obey the PDRM Lock-Up Management SOP issued by PDRM Bukit Aman on April 21 2014 that comprehensively details the management of detainees at PDRM lock-ups,” said Yaacob, referring to the Royal Malaysia Police with its Bahasa Malaysia initials. Read more

Lawyers claim gastritis-prone detainee died because cops didn’t allow medical treatment

Source: The Malay Mail Online

Lawyer Eric Paulsen, who  represented the family of the deceased P. Karuna Nithi, says a deputy public prosecutor had written to Coroner Datuk Jagjit Singh to reopen the inquest. – The Malaysian Insider file pic, July 1, 2015.

Lawyer Eric Paulsen claims that M. Thanaseelan died because the police didn’t allow him medical treatment while in custody.  – The Malaysian Insider file pic, July 1, 2015.

KUALA LUMPUR, Feb 27 — Selangor police could have prevented the custodial death of M. Thanaseelan if they had followed lock-up rules and provided him with necessary medical treatment, lawyers for his family said today.

According to Eric Paulsen and Melissa Sasidaran, the 43-year-old man had died of a “perforated gastric ulcer” last Saturday while under custody of the Bukit Sentosa police in Hulu Selangor.

The lawyers cited from a post-mortem report which noted the deceased had a history of chronic gastritis and would have shown symptoms of the condition for at least a week prior to death.

“It is clear from the lockup rules the police must care for the wellbeing of all detainees including informing the medical authorities of any illnesses or injuries affecting detainees.

“Further, the lockup rules provide for situations where a detainee may not be fit to be further detained for example, if the person is seriously ill and ought to be admitted for medical treatment as in this particular case,” they said in a joint statement. Read more

Lawyers group: Police not serious in tackling lockup deaths

Source: The Malay Mail Online

“How many deaths in custody over the last decade and how many policemen are actually prosecuted, sacked or disciplined? Questions must also be asked about the AGC — why are they not taking custodial deaths seriously? For example, in Karuna Nithi [sic], instead of acting on the positive inquest verdict, the AGC is seeking to overturn the verdict. Surely the AGC is not acting in the public interest by seeking to appeal against the Coroner’s verdict?” — Eric Paulsen, Lawyers for Liberty (LFL)

Lawyers for Liberty executive director Eric Paulsen  — Picture by Yusof Mat Isa - Taken from the Malay Mail Online

Lawyers for Liberty executive director Eric Paulsen — Picture by Yusof Mat Isa – Taken from the Malay Mail Online

KUALA LUMPUR, Feb 26 — Following the death of yet another detainee in police custody today, a lawyers group alleged the authorities have done little to improve its procedures to prevent detainees from dying in lockups.

Lawyers for Liberty (LFL) director Eric Paulsen claimed the lack of prosecution or conviction in past custodial death cases proved that the authorities are not serious in wanting to tackle the problem.

“At the root cause of deaths in custody is the lack of seriousness of PDRM and the government in tackling custodial deaths,” Paulsen told Malay Mail Online.

“How many deaths in custody over the last decade and how many policemen are actually prosecuted, sacked or disciplined?” he added. Read more

Man dies in police custody at Bukit Sentosa lock-up

Source: The Star Online

Police lock up - file pic taken from The Star

Police lock up – file pic taken from The Star

HULU SELANGOR: A man died while in police custody at the Bukit Sentosa lock-up here, just over two weeks after a similar death occurred at the North Klang police headquarters.

A sentry found Thanaseelan Muniandy, 43, unconscious in his cell at about 1.50am Saturday and alerted the officer manning the information counter at the Bukit Sentosa station.

Hulu Selangor OCPD Supt R. Supramaniam said the constable then informed the Bukit Sentosa chief of the situation and was instructed to contact Hospital Kuala Kubu Baru.

“An ambulance arrived and medical personnel pronounced him dead at the scene.

“He was sent to Hospital Sungai Buloh for a post-mortem scheduled to be held on Monday,” he added.

Supt Supramaniam said Thanaseelan was under court remand from Feb 22 until Feb 25 for burglary. Read more