The Independent Police Complaints and Misconduct Commission (IPCMC) has been gunned down by yet another government official, this time by Human Rights Commission (Suhakam) commissioner James Nayagam.

Establishing the IPCMC is just "reinventing the wheel", Nayagam said, because Suhakam has submitted its own recommendations for the curbing of custodial deaths.

NONENayagam (left) said this in response to the call by S Barathidasan of Malaysian Indians Progressive Association (Mipas), who called for the custodial death of P Karuna Nithi, 42, to be investigated and at the same time, for the IPCMC to be established.

"There are two things for us to consider. The first is for the inquiry into this current case (of death-in-custody victim Karuna Nithi).

"The second one (on the IPCMC) is, if you ask me, is just reinventing the wheel. We have made recommendations for lock-up rules.

"Personally, Suhakam would like to see the implementation (of our recommendations). We cannot afford another case coming up.

"(But) I cannot afford to hear another commission being set up to reinvent the wheel as well," Nayagam said after Karuna's family members handed over a memorandum to Suhakam, calling for the engineer's death to be investigated.

The late Karuna's brother, P Elam Sezhian, 48, cousin Thamilchelvan, 48, and R Theva of Suaram were also present.

'We will ensure all recommendations are implemented'

"We will make it our aim to ensure the government implements all eight recommendations. It's a responsibility dealing with life and death, and we cannot afford to lose another life," Nayagam added.

The eight recommendations Suhakam has made since 2006 are:

  • Health screening by medical practitioners when a person is arrested or detained by the police;
  • Ensuring detainee's families are informed and contacted by authorities for further information;
  • Referring detainees found ill to medical practitioners on an urgent basis;
  • Amending Section 334 of the Criminal Procedure Code to make it mandatory for a magistrate to hold an inquiry into cases of custodial deaths;
  • To establish a coroner's court to conduct an inquest, as recommended by the Royal Commission of Inquiry (RCI) to enhance the operations and management of the police force;
  • To ensure fully functional CCTV cameras are installed, at strategic angles in places of detention;
  • To conduct regular training for personnel or wardens in lock-ups; and
  • To ensure that the next-of-kin of the custodial death victim is informed of all essential information, including time of death, place and given the post-mortem report.

NONEPKR complaints bureau chief P Manikavasagam (right), who was also present when the memorandum was handed over, urged Suhakam to hold a public inquiry into Karuna's death to ascertain the exact cause of his death as the family was unhappy with the post-mortem report.

On Tuesday the family also handed over a memorandum to the police, demanding that they form an independent investigation panel.

Karuna was arrested on May 27 after allegedly attacking his wife, and was found dead in the Tampin police district headquarters on June 1.

Police initially claimed that Karuna was not injured and ruled out foul play.

However, forensic pathologists subsequently identified 49 injuries on his body in their post-mortem report, but attributed the cause of death was to "fatty change of the liver".

PKR and several other NGOs have criticised various measures being announced to curb the alarming increase in custodial deaths, saying cosmetic measures would not address the root problemsof police indiscipline.

Moves such as a coroner's court and better lock-up rules, they say, would not address the fact that the police do not have an oversight body to hold them responsible for their actions.

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