Civil society groups today demanded that the government enacts a Coroner’s Act to ensure all cases of sudden death in custody are investigated.

NONEA total of 73 NGOs called on the government to immediately implement the recommendations of the Parliamentary Select Committee on the Penal Code and Criminal Procedure Code, which among others proposed such a law.

The committee was set up in 2004 and chaired by then home minister Radzi Sheikh Ahmad, which presented its recommendations after a two-year review of the two laws.

The NGOs also outlined three more demands to the government, especially after the latest death in custody of a senior Customs officer who was one of those being investigated by the Malaysian Anti-Corruption Commission (MACC).

These include:
  • The immediate establishment of a royal commission of inquiry to “independently and thoroughly” investigate the officer’s death, with half of the RCI members to be nominated by civil society groups. The terms of reference must cover the role of the MACC’s present command and power structure in this latest incident.
  • Demands that the police “buck up” and professionally investigate the MACC, as the police have neither investigated nor taken action on 59 complaints of abuse of power against the MACC.
  • Suspension of all officers involved in the investigation of the senior Customs officer until the RCI completes its work, to make sure there is no cover-up or obstruction to the investigations.
At a press conference to present the joint-statement, Lawyers for Liberty’s Eric Paulsen said the people will still need to cooperate with the police and MACC if there is “legitimate reason”, despite the numerous deaths in custody under both enforcement agencies.

Paulsen lamented that legally, the MACC appeared to have more power than the police as the commission was free to decide whether or not a person could be accompanied during questioning, while the police were legally bound to allow lawyers to be present.

Never go in alone

He said the best thing for people to do iwould be tp get legal representation, inform their family and friends and bring as many people as they could to accompany them.

“Go with a few people. The more the better, because this will keep them (authorities) on their toes,” he said.

All Women’s Action Society (Awam) acting president Ho Yock Lin and Suaram director Kua Kia Soong both said the issue was inextricably tied to politics as the many deaths in custody cases were due to the inaction by the government of the day.

Kua said the Independent Police Complaints and Misconduct Commission (IPCMC) proposed by an RCI in 2003 was a clear example of the lack of political will to change.

“What is the present government doing about it? The IPCMC was never implemented, and what is this about? It’s political will,” he said.

Ho said every Malaysian had a stake in pushing for change, stressing that fighting against injustices could not be left to civil society groups alone.

“It is not a question of what civil society groups will do. The question is what do you as voters want to do with your government,” she said.

Also present at the press conference were representatives from human rights group Komas, anti-ISA movement GMI, Malaysians for Beng Hock, the Kuala Lumpur and Selangor Chinese Assembly Hall’s human rights committee and Saya Anak Bangsa Malaysia.

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