Laws must be put in place to hold the police and government liable for any incidence of death in custody, says Puchong MP Gobind Singh Deo.
"The government should consider amending the laws to make police officers and the government as their employers strictly liable for deaths of detainees in police custody.
"In terms of civil liability, this means that the law should presume that the police officer under whom a person is detained for investigation is responsible for whatever happens to the detainee during detention unless the officer can prove otherwise," said the MP in a statement today.
This, said Gobind, would ensure that officers take extra care and responsibility to ensure detainees are adequately taken care of while under detention
He was responding to the death of K Nagarajan, 32, (right) who the police claimed had died from a fall while in lockup during his three-day detention last month.
He urged the government to make the investigating officer and or the officer in charge of the police station involved, "criminally liable where it can be shown that the detainee was injured or died in their custody".
Police must prove their innocence
The burden of proof, said Gobind, should be on the police to absolve themselves by showing the necessary proof that the death or injury did not come about through the officers' neglect or recklessness.
This, he said, was necessary as there has been no progress in curbing such incidences.
"The government should show seriousness in dealing with the problem," he said.
Putting the onus on the police to ensure their detainees' wellbeing should include various measures, such as ensuring CCTV recorders in the stations are in continuous working condition
"It will also serve to push these officers to go strictly by law when conducting investigations," Gobind (left) said.
The DAP parliamentarian said this appeared to be the best solution since the government has failed to effectively deal with the problem that has resulted in a number of high profile cases such as the previous deaths of A Kugan in a police lockup, and the late DAP aide, Teoh Beng Hock at the Selangor Malaysian Anti Corruption Commission (MACC) premises.
Nagarajan, meanwhile, was arrested for an alleged drug-related offence on Dec 21, and died last Monday before his scheduled court appearance.
The family members cried foul as they were unable to accept the police's version of Nagarajan's death, as he had sustained mysterious wounds - a deep gash above the left eye, a coin-sized bruise above the right eyebrow and a wound on the right leg.
"The government should consider amending the laws to make police officers and the government as their employers strictly liable for deaths of detainees in police custody.
"In terms of civil liability, this means that the law should presume that the police officer under whom a person is detained for investigation is responsible for whatever happens to the detainee during detention unless the officer can prove otherwise," said the MP in a statement today.
This, said Gobind, would ensure that officers take extra care and responsibility to ensure detainees are adequately taken care of while under detentionHe was responding to the death of K Nagarajan, 32, (right) who the police claimed had died from a fall while in lockup during his three-day detention last month.
He urged the government to make the investigating officer and or the officer in charge of the police station involved, "criminally liable where it can be shown that the detainee was injured or died in their custody".
Police must prove their innocence
The burden of proof, said Gobind, should be on the police to absolve themselves by showing the necessary proof that the death or injury did not come about through the officers' neglect or recklessness.
This, he said, was necessary as there has been no progress in curbing such incidences.
"The government should show seriousness in dealing with the problem," he said.
Putting the onus on the police to ensure their detainees' wellbeing should include various measures, such as ensuring CCTV recorders in the stations are in continuous working condition
"It will also serve to push these officers to go strictly by law when conducting investigations," Gobind (left) said.The DAP parliamentarian said this appeared to be the best solution since the government has failed to effectively deal with the problem that has resulted in a number of high profile cases such as the previous deaths of A Kugan in a police lockup, and the late DAP aide, Teoh Beng Hock at the Selangor Malaysian Anti Corruption Commission (MACC) premises.
Nagarajan, meanwhile, was arrested for an alleged drug-related offence on Dec 21, and died last Monday before his scheduled court appearance.
The family members cried foul as they were unable to accept the police's version of Nagarajan's death, as he had sustained mysterious wounds - a deep gash above the left eye, a coin-sized bruise above the right eyebrow and a wound on the right leg.
Talk's cheap, death's not
On Dec 31 Gobind had called on the Home Ministry to produce the CCTV recordings in the station during the period of Nagarajan's death, citing the deputy home minister's earlier report that all police stations are now fully equipped with the cameras.
However, the government has yet to respond to the call.
"There seems to be no other way. Nothing else has seemed to work. Until and unless the lines are clearly drawn, I don't see there being any significant change of attitude on part of the police to stop the assaults and deaths in their custody," said Gobind.
However, the government has yet to respond to the call.
"There seems to be no other way. Nothing else has seemed to work. Until and unless the lines are clearly drawn, I don't see there being any significant change of attitude on part of the police to stop the assaults and deaths in their custody," said Gobind.
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