Human rights group calls for inquest, inquiry on Sg Bakap riot, deaths

 

Human rights group Malaysians Against Death Penalty and Torture (Madpet) has called for a coroner's inquest into the death of Rohingya detainees following the recent Sungai Bakap Immigration Detention Depot breakout.

In a statement yesterday, the rights group also demanded an independent public inquiry into the incident that resulted in eight deaths.

"Madpet is concerned about the silence of the coroner on the recent eight deaths, including one that allegedly died by reason of Covid-19.

"The coroner must state whether to call for an inquest.

"When a detainee is in a government detention facility dies by reason of Covid, the government, including the minister of Home Affairs, director-general of Immigration and the commandant of the Immigration Detention facility, might be criminally concerned or liable for the death," said Madpet spokesperson Charles Hector.

Hector pointed out that unlike a person not under detention, who can freely do the needful, including compliance with SOPs to prevent being infected by Covid-19, taking self-tests and seeking necessary healthcare, a person under detention is denied many of these freedoms.

"The duty to keep a detainee free from being infected by Covid, and also getting the needed healthcare, reasonably falls on the detaining authority.

"The coroner is supposed to determine also 'whether any person is criminally concerned in the cause of the death' as according to the Section 337 of the Criminal Procedure Code (CPC)," he said.

Hector said the coroner must conduct an inquest into this death in custody allegedly because of Covid-19, and also the other seven deaths that resulted allegedly from a vehicular incident.

Actions, including criminal prosecution, must be taken if the government or relevant persons are criminally liable for the deaths, he said.

Complying with Covid SOPs

On April 20, 528 Rohingya detainees fled the depot, but six of them died after they were knocked down by a car while crossing a nearby highway. The seventh, a 14-year-old girl, succumbed to her injuries on Tuesday.

It was also reported another refugee died from virus infection after contracting Covid-19.

Kedah police chief CP Wan Hassan Wan Ahmad reportedly said the police ruled out foul play behind the death of a Rohingya detainee at the Temporary Immigration Detention Depot near Bandar Baharu last Wednesday.

Hector said criminal liability arises not simply by reason of actions but also due to omission.

He questioned if relevant detention centres complied with the Covid SOPs to prevent infection, detect infections and provision of the necessary speedy healthcare if found to be infected.

"Were there regular temperature checks, Covid testing and medical check-ups done at the Sungai Bakap Immigration Detention Depot? The fact that the detainee died in detention, not in some hospital, whilst receiving necessary medical attention raises questions.

"The cases classified as 'sudden deaths' must be investigated by the coroner. The coroner ought not simply or blindly accept police classification of 'sudden deaths'," he said.

Hector said Madpet viewed the eight deaths as deaths in custody.

He also questioned the reason behind the detainees' decision to attempt to escape from the depot.

"What was the protest or grievance of the detainees that led them to run away from detention? Was it simply a 'riot' or an exercise of the right to peaceful assembly that led these 500-plus (detainees) to escape?"

"Is there a need for an independent inquiry by a Royal Commission of Inquiry, a parliamentary committee, Human Rights Commission, Enforcement Agency Integrity Commission or some other independent bodies?

"Madpet calls for an independent public inquiry into the incident at Sungai Bakap Immigration Detention Depot," he said. - Mkini