A public inquiry into the sudden death of a 41-year-old police detainee has to be called off just a day ahead of the scheduled inquiry following police intervention.

The detainee, Ravindran Alagiry a father of five, died on Nov 19 at the Jalan Patani police station in Penang. The official cause of death was stated as severe myocardial fibrosis.

The detainee was said to be suffering from heart problems and was taken to the hospital on several occasions.

On Monday, the Human Rights Commission of Malaysia (Suhakam) announced its plan to conduct the inquiry, which was fixed for two days beginning tomorrow in Penang.

However on the same day, Suhakam received a letter from the Penang police informing that the detainee's death report was sent to the state deputy public prosecutor's office on Feb 15.

The letter also said the DPP has forwarded the report to the Magistrate's coroner to set a date for an inquest according to provision under the Criminal Procedure Code.

The police confirmed the following day that the Georgetown Sessions Court has fixed the inquest to take place next Monday.

This "unexpected and swift" action by the police, said Suhakam commissioner Choo Siew Kioh in a statement today, resulted in Suhakam having to call off the inquiry.

This is because under the commission act, Suhakam shall not inquire into any complaint of alleged human rights infringement which is a subject matter pending in court.

He said the date of Feb 15 also coincided with the "date of issues of subpoenas by Suhakam to various witnesses relevant to the case".

Choo said since a complaint has been filed with Suhakam, the commission is bound to remain vigilant over the ensuing court proceedings till a satisfactory conclusion is reached.

Suhakam however will send an observer to attend the inquest. Choo was initially tasked to head the inquiry panel that includes commissioners Dr Chiam Heng Keng and Dr Raj Abdul Karim.

Preliminary work done

When contacted, Choo commended the police's keenness to initiate an inquest on the long-overdue case but questioned what have they done in the 94 days after Ravindran's death.

Asked whether he thinks the Suhakam announcement on Monday prompted the police's swift action, he replied: "I will read it so". He declined to comment if there is any hidden agenda involved.

"We are institutionally frustrated for the proceeding (to be cancelled) - if this is going to happen every time, but the law is such as we are bound to it," he told malaysiakini.

He revealed that the Suhakam team had spent close to a month doing preliminary work on the death of Ravindran prior to the commission's public announcement to hold the inquiry.

Choo also pointed out the difference between a coroner's inquest and inquiry. He said an inquest focuses on how and when the death occurred and was it a result from any criminal action.

Whereas the Suhakam inquiry will focus on human rights aspect and look into related-issues such as welfare, medical need and the state of the detainee when he was alive.

"We will also look into the shortcomings in the system to prevent such death from occuring in future. But now it deters us from conducting an inquiry," he added.

Ravindran was arrested under the Emergency Ordinance in September 2002 and was held at the Simpang Renggam detention centre in Johor for three years.

He was released after a successful habeas corpus application on Sept 27 last year but was re-arrested soon after and held at the Jalan Patani police station.

Human rights group Suaram has said if Ravindran was released as instructed by the court and given proper medical care, "he would be still alive today".

Prior to this, the commission held an inquiry into the death of S Henry, an 18-year-old youth who reportedly hung himself at the Simpang Renggam detention centre.

It held that there was no foul play.

Over the years, there have been numerous cases of deaths in custody, prompting accusations of brutality and neglect.