Will EAIC recommendations make a difference?

Source: The Star

Prison bars general pix

Picture drawn from The Star

PUTRAJAYA: Tomorrow, another two reports investigating deaths in police custody will be released by the Enforcement Agency Integrity Commission (EAIC) but will the recommendations make any difference?

In April 2016, the EAIC made many recommendations involving the standard operating procedures (SOPs) of several government bodies following its public inquiry into the death of 32-year-old N. Dharmendran at the KL police headquarters lockup in 2013.

The public will know on Thursday (Jan 18) whether those recommendations were implemented or ignored.

Soh Kai Chiok, 49, died on Jan 18, 2017, at Triang police station in Bera District, Pahang, and S. Balamurugan, 44, on Feb 7 at North Klang District police headquarters, Selangor. Soh was reported to have stolen some bananas and Balamurugan was a robbery suspect.

Both these deaths occurred between nine and 10 months after the Dharmendran report was released.

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Balamurugan’s wife says she heard him screaming in pain

Source: FMT News

Natthanan Yoochomsuk tells public hearing into detainee’s death that police refused to let her meet her husband or reveal the reason for his arrest. Pic from FMT News.

PUTRAJAYA: The first day of the public hearing into the death of police detainee S Balamurugan turned into an emotional roller-coaster as his wife shared the last two days with her husband.

Natthanan Yoochomsuk, 38, said after Balamurugan’s detention on Feb 6 this year, she went to the Klang police station where she heard her husband screaming in pain while in the police lock-up. Read more

EAIC to call 55 witnesses to public hearing on Balamurugan’s death in custody

Source: The Malay Mail Online

File picture shows counsel N. Surendran speaking to the family of S. Balamurugan at the High Court in Shah Alam February 15, 2017. — Bernama pic.

File picture shows counsel N. Surendran speaking to the family of S. Balamurugan at the High Court in Shah Alam February 15, 2017. — Bernama pic.

PUTRAJAYA, April 20 — A total 55 witnesses will be called in four Enforcement Agency Integrity Commission (EAIC) public hearing sessions over the death of a detainee S. Balamurugan in a police lockup on Feb 7.

EAIC chairman Datuk Yaacob Md Sam said the public hearing session is open to the public and media at four sets of dates, namely, May 15 to 19; June 5 to 9; July 10 to 14; and July 24 to 28 at the EAIC Hearing Room, Level 11, Bangunan Menara Usahawan, Precinct 2 here, from 9am to 4.30pm.

He said the EAIC would extend invitations to the family of the dead detainee, Royal Malaysian Police, Malaysia Bar Council, Human Rights Commission of Malaysia (SUHAKAM) , Home Ministry and interested parties in line with Section 36 of the Enforcement Agency Integrity Commission Act (Act 700). Read more

Suhakam lambasts police over detainee’s death in custody

Source: FMT News

Human rights group says police showed 'wilful disregard' to protect the life of S Balamurugan. Pic from FMT News.

Human rights group says police showed ‘wilful disregard’ to protect the life of S Balamurugan. Pic from FMT News.

PETALING JAYA: The Human Rights Commission of Malaysia (Suhakam) has taken the police to task over the death in custody of S Balamurugan last month.

Suhakam, which recently concluded its independent investigation into Balamurugan’s death, said the police knew or ought to have known of the existence of “a real and immediate threat” to his life. However, they failed to take adequate measures within the scope of their powers that could have prevented that risk, it said.

The rights group also said there was a “serious breach or wilful disregard” of the police’s duty to protect life. This was seen in their failure to provide medical attention to Balamurugan despite directions from the magistrate to do so.

Evidence from the probe, which took into account interviews and statements from 43 witnesses, also identified multiple systemic failures on the part of the police regarding the treatment of detainees.

This included the failure in following Lock-Up Rules 1953, police standard operating procedures, the court order and relevant international human rights norms and standards, it said. 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

Kenapa masih belum ada tangkapan kes Balamurugan, kata peguam

Sumber: FMT News

N Surendran dan Latheefa Koya berkata menteri dalam negeri tidak boleh mendiamkan perkara itu kerana sudah 5 minggu kes itu berlarutan sejak kematian Balamurugan dalam tahanan polis. Gambar dipetik dari FMT News.

N Surendran dan Latheefa Koya berkata menteri dalam negeri tidak boleh mendiamkan perkara itu kerana sudah 5 minggu kes itu berlarutan sejak kematian Balamurugan dalam tahanan polis. Gambar dipetik dari FMT News.

PETALING JAYA: Lima minggu selepas kematian dalam tahanan S Balamurugan, peguam mewakili ahli keluarganya mempersoalkan tiada lagi tangkapan atau pertuduhan dibuat berhubung kes itu.

Dalam satu kenyataan bersama hari ini, peguam N Surendran dan Latheefa Koya mempersoalkan mengapa masih belum ada tindakan walaupun gambar bedah siasat menunjukkan tahap kecederaan Balamurugan.

Peguam itu berkata keputusan bedah siasat kedua yang dijalankan Hospital Kuala Lumpur menunjukkan Balamurugan mengalami beberapa kecederaan di dada, kepala, kaki dan belakang, membuktikan beliau diserang dengan teruk ketika dalam tahanan polis.

Bulan lalu, pegawai polis yang dipercayai terbabit dalam kematiannya dipanggil untuk soal siasat. Bagaimanapun, Ketua Polis Selangor Abdul Samah Mat berkata pegawai terbabit tidak boleh digantung tugas.

“Kami masih menyiasat mereka. Kami tidak boleh menghukum seseorang sebelum siasatan lengkap untuk menentukan jika berlaku sebarang salah laku,” kata Abdul Samah.

Balamurugan, 44, meninggal dunia pada 8 Februari ketika ditahan di balai polis Klang Utara. Dia ditahan pada 6 Februari dan dibawa ke mahkamah bagi mendapatkan perintah reman keesokan harinya. 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

Suaram kecam penahanan semula remaja terlibat kes Balamurugan

Source: FMT News

Kumpulan hak asasi manusia itu berkata reman lanjutan 2 remaja adalah satu percubaan menutup mulut mereka berkaitan kematian Balamurugan. Pic dari FMT News.

Kumpulan hak asasi manusia itu berkata reman lanjutan 2 remaja adalah satu percubaan menutup mulut mereka berkaitan kematian Balamurugan. Pic dari FMT News.

PETALING JAYA: Suara Rakyat Malaysia (Suaram) membidas penahanan semula 2 remaja berkaitan kes S Balamurugan, menyifatkan lanjutan penahanan itu sebagai cubaan menutup mulut kemungkinan saksi kematian Balamurugan.

Dalam satu kenyataan hari ini, Pengarah Eksekutif Suaram Sevan Doraisamy berkata lanjutan reman juga menggambarkan polis sebagai sebuah institusi yang “membenarkan keganasan dalam tahanan dan melindungi orang yang membunuh tahanan”.

Remaja berkenaan, Kanapathy Perathapan dan Ang Kian Kok, kedua-duanya berusia 16 tahun itu ditahan bersama Balamurugan pada 6 Feb. Pada 8 Feb, Balamurugan ditemui mati di Ibu Pejabat Polis Daerah Klang Utara.

Menurut peguamnya, pada pendengaran reman pada 7 Feb, Balamurugan dalam lemah dan tidak dapat berjalan, mempunyai kesan lebam di mukanya, keluar darah dari hidung dan mulutnya serta muntah darah. Peguamnya berkata Balamurugan diserang polis. Read more

Suaram blasts rearrest of teens in Balamurugan case

Source: FMT News

SUARAM executive director Sevan Doraisamy - Pic from FMT News

SUARAM executive director Sevan Doraisamy – Pic from FMT News

PETALING JAYA: Suara Rakyat Malaysia (Suaram) has slammed the rearrest of two teenagers in connection with the S Balamurugan case, calling the continued detention an attempt to silence potential witnesses to Balamurugan’s death.

In a statement today, Suaram executive director Sevan Doraisamy said the chain remand also painted the police as an institution that “permits violence in detention and protects those who murder detainees”.

The youths, Kanapathy Perathapan and Ang Kian Kok, both 16, were arrested together with Balamurugan on Feb 6. On Feb 8, Balamurugan was found dead at the North Klang district police headquarters.

According to his lawyers, at his remand hearing on Feb 7, Balamurugan was weak and unable to walk, had bruises on his face, was bleeding from his nose and mouth, and vomited blood. His lawyer also said Balamurugan had been assaulted by the police. Read more

Establishment of IPCMC is Crucial in Halting Deaths in Police Custody — Malaysian Bar

In response to growing numbers of custodial death cases, most recently 44-year-old S Balamurugan s/o M Suppiah, the Malaysian Bar has requested establishment of the Independent Police Complaints and Misconduct Commission (“IPCMC”) to independently investigate complaints miscoduct and abuse of power. The following statement was releasead by the Malaysia Bar on 22 February 2017.

PRESS RELEASE
Source: The Malaysian Bar

The Malaysian Bar is aghast that the results of the second post-mortem conducted by Hospital Kuala Lumpur on 44-year-old S Balamurugan s/o M Suppiah (“Balamurugan”) released on 18 February 2017 confirms that the cause of death while he was in police custody was “coronary artery disease with multiple blunt force injuries”.  The first autopsy carried out at the Klang Hospital had reportedly indicated that he had died of “heart problems”.

Balamurugan was arrested by the police on 6 February 2017, and was found dead at the North Klang district police headquarters on 8 February 2017.  According to the police report lodged by his lawyer, at his remand hearing on 7 February 2017 Balamurugan was weak and unable to walk, had bruises on his face, was bleeding from his nose and mouth, and vomited blood.  His lawyer also stated that he had been informed that Balamurugan had been assaulted by the police. Read more