These are not 'unfortunate' deaths, IGP

In response to the death of P Karuna Nithi at the Tampin district police headquarters, police chief Khalid Abu Bakar reportedly said in a text- message to The Malay Mail: ‘It’s just unfortunate that he died in our lock-up’.

It is disturbing that the inspector-general of police (IGP) appears to be so casual and lackadaisical in his response to the fact that his officers could potentially be responsible for yet another custodial death, the third in 11 days. 

Such a statement from the head of the police force reflects irresponsibility and total lack of accountability. If the IGP is not able to handle the issue of deaths in custody and address it with responsibility, then he should resign.

In the first five months of the year, eight people have died in police custody. The pattern of deaths and the victims’ identities raise a number of questions to which the IGP must provide convincing answers than just going into a denial mode.

- Is racial profiling taking place in the police force that brings about torture and consequent deaths while in custody?

- What are the circumstances that surround the current manner in which persons are brought into and held in police custody that apparently makes it very easy for people to die under their watch?

- Why has the IGP not taken the important action of immediate arrest of the police officers on duty but instead has given them ‘desk duty’?

- Does not such form of intervention give the notion that members of the police force can kill a person in custody and continue to act with impunity?

Despite numerous calls from all sectors of society that the government should immediately establish the Independent Police Complaints and Misconduct Commission (IPCMC), Home Minister Ahmad Zahid Hamidi (left) and Prime Minister Najib Abdul Razak continue to evade this. 

Why is there so much resistance from the home minister and prime minister to investigate these cases independently, and to hold those responsible for these deaths accountable? Are they afraid that an independent and transparent police commission will open up Pandora’s box? 

Bring in the IPCMC now

In 2005,  the royal commission of inquiry (RCI) into police operations, in its report, recognised deaths in custody as ‘a serious cause for concern’. Although the laws provide for a mandatory inquest for deaths in custody, such a procedure has not been followed. 

The RCI concluded ‘that current provisions for inquiry into deaths in police custody in the Criminal Procedure Code have serious gaps in its clauses that require greater transparency and an accountable process’.

It recommended a code of practice for arrest and detention of persons including the care of every detainee. Yet, to date, there is a lack of response for change in ensuring the safety and security of detainees. As a consequence of such omissions and commissions, we have persons in their prime losing their lives, while the persons responsible are not made accountable.

The Enforcement Agencies Integrity Commission has been a total failure and a colossal waste of public funds.  

Established in 2009, it has weak enforcement power. Although it has spent more than RM14 million, it could only issue two warnings and one disciplinary action in its four years of existence. 

The government of the day must without delay, establish the IPCMC - a Bill for its establishment must be tabled in the forthcoming Parliament seating.

We cannot condone another death in custody. We cannot allow the police to investigate their peers as it has not brought about accountability but instead an increase in deaths. It is clear that the IGP and the home minister have failed miserably in dealing with deaths in custody. 

It is also indeed equally important for the government to ratify and implement without delay the UN Convention Against Torture to reflect its political will to ensure citizens are free from torture by state and non-state actors. 

The path toward gaining confidence is to ensure accountability without compromise on the fundamentals rights of persons, and establishing preventive measures to end death and torture in custody.

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IRENE FERNANDEZ is executive director of migrant rights NGO Tenaganita.