The Penang government's task force on custodial deaths has alleged that the attorney-general and police have failed to observe the law in such cases.
Task force committee member Jagdeep Singh Deo said the Criminal Procedure Code (Act 593) provides for an immediate inquiry in cases of custodial deaths.
Section 334 of the Act says that when any person dies while in custody of the police or in a psychiatric hospital or prison, the officer who had custody of that person or was in charge of that psychiatric hospital or person, as the case may be shall "immediately give intimation of such death to the nearest magistrate", and the magistrate or some other magistrate shall, in the case of a death in the custody of the police, and in other cases may, if he thinks expedient, hold an inquiry into the cause of death.
"This is not what we are only asking for just today. The law has been there for a long time. The police have the obligation to carry out immediate inquiries into cases of custodial deaths," said Jagdeep, who is a state executive councillor, in a press conference today.
"What is the AG doing? Has any inquiry been held in any cases of custodial deaths in Penang? There have been six deaths so far. The law requires it, but why it’s not complied with?" queried the Dato Keramat assemblyman.
"A police officer can be charged with murder and the judge can recommend that the person in charge be probed, but this is not happening in Penang," Jagdeep stressed.
Jagdeep said the taskforce will now write to the AG to inquire why the law has not been complied with in Penang.
He added that with such non-compliance in law, the perception and confidence towards the police is at an ultimate low.
"The task force will be very open, and will invite the NGOs and public to work together with the state government to address this serious issue," Jagdeep said.
Last week, Malaysiakinireported that the Penang government headed by Deputy Chief Minister II P Ramasamy (left), assisted by Jagdeep and state executive councillor Dr Afif Bahardin, will initiate the task force on custodial deaths.
Today, Ramasamy announced that the task force was endorsed by the state exco about three weeks ago. He noted that letters to the attorney general and the Health Ministry (as custodial deaths sometimes occur in hospitals) have been unanswered.
"Police can't go on pretending that they (victims) die due to other reasons," Ramasamy said at the same press conference.
Assisting victims obtain lawyers’ services
Ramasamy said the core work of the task force would be to assist the victims to obtain the services of lawyers to help them push the police and AG for inquiries into the victims’ deaths.
He claimed that the hospitals and police were often “working hand in hand” in incidences of custodial deaths.
“When you ask the hospital (about the deaths), they say ask the police but when you ask the police, they say ask the hospital,” Ramasamy said.
Asked if the task force would be effective since it does not include the police, Ramasamy said that efforts would be made to engage the force.
“We will meet the Penang Police Chief Abdul Rahim Hanafi, and will try to address these cases through our own state security committee,” he added.
“The police should be open about it if they want to restore confidence in the force. They cannot close this chapter as we are not convince by the explanation (of custodial deaths),” he stressed.
This year alone, there had been seven cases related to custodial deaths in Penang, with one person who died in Tapah prison after being in a lock-up in Bandar Perda, Bukit Mertajam.
All the victims reportedly died of health ailments, according to the hospital post-mortem results.
But Jagdeep said that a second post-mortem can be initiated by the family immediately if they disputed the report by the hospital pathologist.
“This should be done immediately after the first post-mortem. The family can ask for a private pathologist to do it, they can even ask for one from another state,” he said.
“In my experience, a pathologist from another hospital was called in by the family and have disputed the first post-mortem report,” he added.
“So in all future cases, we will push and pressure the police and AG to abide by the law in custodial cases, as it is very sad that the families are left stranded without answers on why their relative is dead,” he stressed.
Afif said based on his working experience as a doctor in government hospitals, when a death occurs, there would be an internal inquiry on the matter.
“This is to protect and preserve the integrity of the fraternity, so the police should also be open to this to restore the public confidence in the force, or else the negative perception towards the force will be further downgraded,” he added.
Task force committee member Jagdeep Singh Deo said the Criminal Procedure Code (Act 593) provides for an immediate inquiry in cases of custodial deaths.
Section 334 of the Act says that when any person dies while in custody of the police or in a psychiatric hospital or prison, the officer who had custody of that person or was in charge of that psychiatric hospital or person, as the case may be shall "immediately give intimation of such death to the nearest magistrate", and the magistrate or some other magistrate shall, in the case of a death in the custody of the police, and in other cases may, if he thinks expedient, hold an inquiry into the cause of death.
"This is not what we are only asking for just today. The law has been there for a long time. The police have the obligation to carry out immediate inquiries into cases of custodial deaths," said Jagdeep, who is a state executive councillor, in a press conference today.
"What is the AG doing? Has any inquiry been held in any cases of custodial deaths in Penang? There have been six deaths so far. The law requires it, but why it’s not complied with?" queried the Dato Keramat assemblyman.
"A police officer can be charged with murder and the judge can recommend that the person in charge be probed, but this is not happening in Penang," Jagdeep stressed.
Jagdeep said the taskforce will now write to the AG to inquire why the law has not been complied with in Penang.
He added that with such non-compliance in law, the perception and confidence towards the police is at an ultimate low.
"The task force will be very open, and will invite the NGOs and public to work together with the state government to address this serious issue," Jagdeep said.Last week, Malaysiakinireported that the Penang government headed by Deputy Chief Minister II P Ramasamy (left), assisted by Jagdeep and state executive councillor Dr Afif Bahardin, will initiate the task force on custodial deaths.
Today, Ramasamy announced that the task force was endorsed by the state exco about three weeks ago. He noted that letters to the attorney general and the Health Ministry (as custodial deaths sometimes occur in hospitals) have been unanswered.
"Police can't go on pretending that they (victims) die due to other reasons," Ramasamy said at the same press conference.
Assisting victims obtain lawyers’ services
Ramasamy said the core work of the task force would be to assist the victims to obtain the services of lawyers to help them push the police and AG for inquiries into the victims’ deaths.
He claimed that the hospitals and police were often “working hand in hand” in incidences of custodial deaths.
“When you ask the hospital (about the deaths), they say ask the police but when you ask the police, they say ask the hospital,” Ramasamy said.
Asked if the task force would be effective since it does not include the police, Ramasamy said that efforts would be made to engage the force.
“We will meet the Penang Police Chief Abdul Rahim Hanafi, and will try to address these cases through our own state security committee,” he added.
“The police should be open about it if they want to restore confidence in the force. They cannot close this chapter as we are not convince by the explanation (of custodial deaths),” he stressed.
This year alone, there had been seven cases related to custodial deaths in Penang, with one person who died in Tapah prison after being in a lock-up in Bandar Perda, Bukit Mertajam.
All the victims reportedly died of health ailments, according to the hospital post-mortem results.
But Jagdeep said that a second post-mortem can be initiated by the family immediately if they disputed the report by the hospital pathologist.
“This should be done immediately after the first post-mortem. The family can ask for a private pathologist to do it, they can even ask for one from another state,” he said.
“In my experience, a pathologist from another hospital was called in by the family and have disputed the first post-mortem report,” he added.
“So in all future cases, we will push and pressure the police and AG to abide by the law in custodial cases, as it is very sad that the families are left stranded without answers on why their relative is dead,” he stressed.
Afif said based on his working experience as a doctor in government hospitals, when a death occurs, there would be an internal inquiry on the matter.
“This is to protect and preserve the integrity of the fraternity, so the police should also be open to this to restore the public confidence in the force, or else the negative perception towards the force will be further downgraded,” he added.
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