Plans by the police to set up a special unit to investigate death in custody cases is the first step towards overall reforms to the detention system, according to the human rights group Eliminating Deaths and Abuse in Custody Together (Edict).
It welcomed the reported plans announced by Home Minister Hamzah Zainuddin, stating that the move is in line with long-standing demands from rights groups that such cases not be investigated by police or authorities from the detention facility where the deaths had occurred.
"With the creation of this special unit, Edict hopes that investigations can be carried out in an open and transparent manner, with a convincing outcome for the public.
"Investigations must also be carried out under the Penal Code, followed by prosecution, if criminal elements or neglect are found in any case," Edict said in a statement yesterday.
It further cited a ruling by judge Kamardin Hashim in a case brought by Ganga Gowri - sister of Gunasegaran Rajasundram - a man who died in custody on July 16, 2009, at the Sentul district police station.
Edict said Kamardin had ruled it was only appropriate for an investigating officer of a custodial death case to be appointed from outside the police station where the death had occurred, particularly when there were allegations made against personnel attached to the police station.
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Beyond the new unit, the group reiterated its proposals on legal reforms, including the drafting of a new Coroners Act to replace the existing coroner's court system, as well as to revert to the original recommendations under the proposed Independent Police Complaints and Misconduct Commission (IPCMC) Bill last tabled in Parliament in 2019.
The draft bill was tabled under the then Pakatan Harapan federal government, only to be replaced during Perikatan Nasional's tenure under former premier Muhyiddin Yassin with what critics have described being a drastically watered down Independent Police Conduct Commission (IPCC) Bill.
In announcing the new PDRM unit yesterday, Hamzah said it would be known as the Criminal Investigation Unit on Deaths in Custody and would be staffed by 12 police personnel and a civilian.
The unit, which will come under PDRM's Integrity and Standards Compliance Department, would focus on the aspect of criminal liability and the duty of care and compliance with the standard operating procedures (SOPs). - Mkini
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