Implement Coroner’s Act without Further Delay

Press Statement: 4 March 2009

Implement Coroner’s Act without Further Delay

SUARAM urges the Attorney-General’ s Chambers to take action immediately against those personnel responsible for the death of Kugan Annanthan (22 years old) in police custody on 20 January 2009, especially in view of the completion of the second postmortem report and the Attorney-General classifying the case as murder.

According to the second postmortem report, revealed by Kapar Member of Parliament S. Manikavasagam, Kugan had died of kidney failure due to severe beating which caused a breakdown in muscle cells and congested blood flow.

Kugan’s death is not an isolated case. Let us not forget the deaths of Goh Yan Peaw (20 January 2008), Francis Udayapan (24 May 2004), Ulagathan Muniandy (21 July 2003), and many others in police custody.

According to statistics released by then Deputy Home Minister Wan Farid to Parliament on 8 July 2008, 1,535 deaths were recorded in prisons, drug rehabilitation centres, and immigration detention centres from 2003 to 2007, while 85 deaths occurred in police custody in the same period.

While the enforcement officers of detention centres and prison facilities are fully responsible for the safety and wellbeing of detainees while they are in custody, these cases clearly show that the safety of detainees is no longer guaranteed. The unacceptably high number of deaths in police custody and other detention centres in recent years severely undermines the credibility of the police and other enforcement officers in detention centres.

Besides that, the long wait for inquests on cases of death in custody is also another area of grave concern. According to the findings in the report of The Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police (Royal Police Commission), only 6 out of 80 cases of death in custody which were reported from year 2000 to 2004 had inquests conducted on.

The delay and failure to conduct inquests into these cases denies justice for the victims and perpetuates impunity. The Attorney-General should therefore stand firm in Kugan’s case, and take immediate action to whole perpetrators accountable, while all previous cases of death in custody should be further thoroughly investigated.

SUARAM strongly urges the government to immediately implement the recommendations by the Parliamentary Select Committee on The Penal Code and Criminal Procedure Code to legislate a Coroner’s Act in Malaysia and for a Coroner’s Court to be established.

The government must also implement all the recommendations by the Royal Police Commission, including to conduct inquests

Moon Hui
Coordinator