Tuesday, 31 October 2006
Amnesty International (AI) is very concerned over the reported case of the death in custody of Suresh Kunasekaran. We are also concerned that the investigation into this death will be conducted by the police themselves. AI has documented cases in the past where relatives of those who have died in police custody and after, have alleged that the police have obstructed the complaints process, suppressed evidence and apparently collude with hospital officials and medical officers.
This case underlines the crucial importance for the preliminary investigation to be vested with an independent body. It is therefore timely for the Government to transfer such powers to an independent and external mechanism such as the proposed Independent Police Complaints and Misconduct Commission (IPCMC). This will ensure that procedures carried out following a death are transparent, open and fair, and that investigations are rigorous, speedy and effective. The relatives of people who have died in custody need to know the circumstances surrounding that death. They must feel satisfied that all the facts have been brought out into the open and thoroughly examined in a just and fair manner.
In the United Kingdom, the Independent Police Complaints Commission (IPCC), the UK version of our proposed IPCMC has the power to conduct preliminary investigation itself or to manage and supervise the investigation with other agencies. The IPCC also enjoys mandatory referrals on cases of death in custody and police shooting.
Amnesty also calls for amendments to the Criminal Procedure Code to include best practices on preliminary investigations in cases of death in custody and include procedures to seal a police station as a crime scene for an independent investigation including a temporary suspension of officers in charge of the lock-up. These procedures are important to prevent tampering of evidence and any possibility of conspiracy or collusion between persons involved in the case. It is also important that the pending bill on the Coroners Court which provides for an automatic inquest to be implemented immediately.
Another issue that requires urgent implementation is the installation and proper maintenance of closed-circuit televisions (CCTV) in all police stations especially lock-ups and interrogation rooms with clear guidelines on how these recordings are to be kept safe.
Cases of death in custody have to be scrutinized in a more stringent manner since it involves human life and the question of right to life that is enshrined in our Federal Constitution and the Universal Declaration of Human Rights.
Amnesty International therefore urges the government to immediately implement the proposals above to ensure that relatives of the victims are offered redress, perpetrators brought to justice and to ensure an effective police force that will enjoy greater public confidence and credibility.
Josef Roy Benedict
Executive Director
Amnesty International Malaysia
0 Responses to “Ensure independent and transparent investigation into death in custody”