EAIC plans next steps in PhD student's custodial death probe

The Enforcement Agency Integrity Commission (EAIC) is still waiting for a detailed autopsy report on the custodial death of Nigerian PhD student Orhions Ewansiha Thomas.

“Preliminary investigations have been conducted to verify complaints and information received. At this stage, the EAIC has yet to receive the post-mortem report.

“The commission will decide on the necessity of setting up a task force to investigate wrongdoings of any immigration officer, once the post-mortem report has been received,” EAIC chairperson Aziz A Rahim (photo, above) told Malaysiakini last night.

The Chancellor Tuanku Muhriz Hospital announced yesterday that there is no sign of physical injury on Thomas’ body, but a full report would only be issued once laboratory test results are in.

Thomas had died at an Immigration detention centre in Bukit Jalil on July 9, about 12.30am, after being held there for five days pending verification of his travel documents.

According to the Immigration Department, Thomas had died after suffering seizures in his sleep.

The 34-year-old (photo, above) was pursuing a PhD in management at Limkokwing University and held a valid student visa.

Since the incident, several other Nigerians living in Malaysia have come forward with allegations of abuse at the hands of police and immigration officials, though both agencies denied the allegations.

The Nigerian Embassy in Kuala Lumpur has said that it is working to prevent a repeat of such occurrence in the future.

Aziz said the EAIC regularly conducts audits and checks on Immigration detention centres nationwide, and included a list of 13 Immigration detention centres around the country and dates where checks were conducted, in response to Malaysiakini’s queries.

For the Bukit Jalil centre where Thomas was held, Aziz said spot checks were conducted on Sept 7, 2017, and July 15, 2019, where everything was found to be in order.

“The EAIC found that the Bukit Jalil Immigration Depot complies with the Home Ministry’s standard operating procedures and the (Immigration) director-general’s standing orders on the administration and management of Immigration detention depots.

“The handling of the depot was found to be well-managed and complies with existing regulations,” he said.

Among others, Aziz said the commission observed no sign that detainees at the centre were mistreated, and all detainees were subject to medical screening by a full-time medical staff upon admission.

In addition, an assistant medical officer conducts regular health checks on the detainees, almost daily.

“The medical treatment starts from admission at the detention centre until the end of detention at the depot. External medical facilities (clinics or hospitals) are provided based on necessity and if recommended by the assistant medical officers.

“If treatment at a clinic or hospital is required, detainees would be brought out and escorted by Immigration officers,” Aziz said.

He said all detainees are also accorded visitation rights to meet family members and relatives, embassy officials and NGOs.

In addition, detainees comprising a husband, wife and children are allowed to meet under the depot’s supervision, and there is a special room for children to play with their parents.

“There are also entertainment and exercise facilities for detainees that have been prepared and are maintained by the depot,” he said.

178 complaints received since 2018

Overall, Aziz said the EIAC had received 178 complaints against the Immigration Department since 2012 up to June 2019.

Of these, only four complaints involved undocumented migrants in detention.

In one 2017 case, an Indonesian national died at the KLIA Immigration Depot but no wrongdoing was found. The cause of death was determined to be “bleeding duodenal ulcer with hypovolemic shock”.

Meanwhile, an Immigration officer is facing three charges, since March 9, 2017, for allegedly raping a Thai national at the Machap Umboo detention centre in Malacca.

One China national’s complaint of mistreatment by an Immigration officer at the KLIA2’s “Not to Land Area” went nowhere, as preliminary investigations could not verify the complaint.

Meanwhile, an Indian tourist’s allegation that he was mistreated by an Immigration officer while in detention on Jan 18, 2019, is still being investigated by the EAIC.

The EAIC was established in 2011 to receive and investigate complaints against 21 enforcement agencies, including the police and the Immigration Department.

Critics have argued that the EAIC is a watered-down version of the Independent Police Complaints and Misconduct Commission that had been proposed by a Royal Commission of Inquiry in 2005.

This is because, compared to the IPCMC, the EAIC lacks enforcement powers, although it supervises more agencies.

Sources have told Malaysiakini that the IPCMC is on the legislative agenda of the ongoing Dewan Rakyat sitting.

Asked who would take over the supervision of misconducts involving the Immigration Department once the government follows through on its promise to “strengthen” the EIAC to become the IPCMC, Aziz that this would be determined by the government once the IPCMC comes into force. - Mkini