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Thursday, April 7, 2011

Civil societies express shock over death at MACC

A coalition of 73 NGOs reiterate calls for the setting up of an IPCMC to investigate misconduct by enforcement agencies in the wake of a second death under MACC custody.

KUALA LUMPUR: Civil societies in Malaysia today expressed shock over a Customs officer’s death under the MACC’s custody, and reiterated calls for the setting up of an Independent Police Complaints and Misconduct Commission (IPCMC).

They said that the death of Ahmad Sarbani Mohamed who was under the MACC’s custody coming just two years after the death of Teoh Beng Hock is a real cause for concern.

“The public’s confidence in the credibility and professionalism of the MACC has been shattered,” said Suaram’s E Nalini, on behalf 73 NGOs.

“Although civil societies laud the MACC’s fight against corruption, graft should not be fought at the expense of human lives,” said Nalini.

Ahmad Sarbani, 56, Selangor Customs Department assistant director, was found dead outside the MACC’s Kuala Lumpur office yesterday.

He was among 62 officers arrested in a joint operation in several states by a special task force comprising MACC, the Inland Revenue Board, the Customs Department and Bank Negara.

His death comes just as a Royal Commission of Inquiry (RCI) is investigating the death of DAP political aide Teoh Beng Hock and MACC’s investigation methods.

Teoh was found dead in 2009 in the vicinity the MACC’s Selangor headquarters in Shah Alam.

Chong Kok Siong of the “Malaysians for Beng Hock” group, said Ahmad Sarbani’s death cast doubts if the MACC has learnt “its lessons” from complaints of torture and Teoh’s death.

Warning that there would be a repeat of such an incident if no one is held responsible, he posed this question: “Do our enforcement agencies respect and value our lives?”

He added that the death of Ahmad Sarbani showed that such a tragedy can happen to anyone from both sides of the political divide, and regardless of race.

Four demands

The representatives also reiterated calls for the establishment of an IPCMC, saying they had lost trust in an inquest to get to the bottom of things.

Suaram director Kua Kia Soong said that an IPCMC would independently investigate any misconduct by enforcement agencies such as the MACC.

Eric Paulsen for Lawyers for Liberty said an inquest was a tedious process which can drag on for years and most likely return an “open verdict”, which meant no one would be held responsible.

He said that stopping short of refraining people from giving statements at MACC offices, a need has arisen for witnesses to be accompanied by lawyers, family or friends when summoned.

The civil groups made four demands:

  • They want an RCI set up to investigate Ahmad Sarbani’s death with members of the panel nominated by them to ensure credibility.
  • They want the police to conduct an independent investigation and redeem their credibility as they have failed to act on 59 complaints against the MACC for abuse of power.
  • They also called for the immediate suspension of MACC investigations director-general Mustafa Ali and other officers involved in the Customs case.
  • And,finally, they demanded for an enactment of a Coroner’s Act as recommended by a Parliamentary Select Committee and subsequently establish a Coroner’s Court to investigate all cases of deaths in custody. - FMT

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