Suaram presses AGC to charge all officers involved in Taiping Prison abuse

 

Suaram has urged the Attorney-General’s Chambers (AGC) to ensure complete accountability against officers implicated in allegations of human rights abuses at the Taiping Prison, which saw the death of an inmate and various injuries to others.

The NGO’s call came after Kamunting Correctional Detention Centre warden Ryndee O'Nel Victor was charged in the Taiping Magistrates’ Court on Dec 19 with causing the death of inmate Gan Chin Eng, 62, during a Jan 17 riot.

The 25-year-old accused pleaded not guilty to the charge under Section 304(b) of the Penal Code for culpable homicide not amounting to murder. The court allowed a RM5,000 bail and fixed Feb 25 next year for case mention.

The cited law states that those found to have committed culpable homicide with the knowledge that their actions are likely to cause death, but without an intention to do so, are liable to an imprisonment term of up to 10 years, a fine, or both.

Suaram questions ‘lesser’ charge

Demanding that the AGC explain the basis for the Section 304(b) charge against Ryndee, Suaram executive director Azura Nasron said the AGC must immediately pursue further evidence-led charges against all implicated officers.

Suaram executive director Azura Nasron

Such charges, she said in a statement last night, can be drafted based on relevant Penal Code provisions on voluntarily causing hurt and inflicting grievous hurt.

“The Section 304(b) charge is not commensurate with the gravity and manner of the fatal harm inflicted on Gan (as) four of seven blunt force injuries on him ruptured his liver and caused 37 percent internal blood loss, placing Gan in a life-threatening state.

“The AGC has also not pursued charges against other Taiping Prison officers, wardens, and staff who assaulted detainees, despite the scale and severity of non-fatal injuries inflicted and the CCTV footage that should enable identification of those responsible,” Azura added.

She asserted that the “delayed charge” against Ryndee reflects a lack of prompt, impartial, and effective criminal accountability in a case of fatal “torture and ill-treatment” in custody, especially since the charge was pressed nearly a year after the violations took place.

Azura emphasised that such a “recurring pattern of partial accountability” should be broken, pointing out that while Suhakam continues to draft its report on the inquiry held into the riot, full criminal accountability cannot be deferred pending the document’s completion.

Lying under oath

Suhakam previously initiated a public inquiry on alleged human rights abuses in Taiping Prison, following Gan’s death, with the inmate said to have died after a warden purportedly assaulted him during a riot on Jan 17, which involved over 100 inmates.

Testifying before the Suhakam panel on Sept 22, Prisons Department commissioner-general Abdul Aziz Abdul Razak said the department had never allowed or ordered its officers to use excessive force on prisoners when they refused to follow instructions.

Aziz further claimed that the riot could have been avoided had the detainees followed transfer instructions, adding that the department will take action against those involved, especially the prison officers, after Suhakam’s inquiry concludes.

He also admitted that Gan could have been saved had he received immediate medical attention following the altercation.

Suaram had earlier urged Suhakam to take action against prison officers who were allegedly caught lying while testifying under oath during the commission’s proceedings, arguing that Suhakam’s reservation against lodging a police report over the issue is “misplaced”.

According to Azura, several Taiping Prison staff had denied under oath that they were involved in hitting detainees - despite CCTV evidence showing the contrary. - Mkini