PETALING JAYA: Allegations that 22 inmates at the Jelebu Prison in Negri Sembilan were assaulted has led crime experts and activists to call for the formation of an independent panel to look into such abuses.
Universiti Sains Malaysia former professor of criminology Datuk Dr P. Sundaramoorthy said the Home Ministry and the Attorney-General’s Chambers should take the lead in addressing such misconduct.
“Even if only one case is reported, it’s one too many, whether it is in a police lock-up or prison. This is a human rights violation.”
He was commenting on a recent report that the 22 men had alleged they were assaulted by wardens. The families of 17 of the complainants have lodged police reports.
Sundaramoorthy said the formation of such a panel would go a long way in prompting responsibility among prison wardens, and provide safeguards against misconduct and abuse of power.
“This will also restore the people’s confidence and respect for the agencies involved,” he added.
Sundaramoorthy said the panel could be styled after the proposed Independent Police Conduct Commission.
Suara Rakyat Malaysia (Suaram) executive director Sevan Doraisamy said there were 10 to 12 cases of death in custody (caused by abuse) annually. In its reports from 2016 to 2020, Suaram stated there had been 48 deaths in police lock-ups, 889 in prisons and 181 in immigration detention centres.
“I believe we are not seriously addressing the issue of death in custody. The authorities are not doing enough to stop it” he said.
According to human rights lawyer Charles Hector, there are ways for aggrieved families to seek redress, citing the case of Syed Mohd Azlan Syed Mohamed Nur, who died in police custody in 2014.
Azlan, then aged 25, was working as a welder when he was arrested on Nov 3 that year on suspicion of rioting and possession of a weapon.
He was reportedly taken to the police lock-up in Sungai Rengit, Johor and was found unconscious five hours later. He was rushed to the Bandar Penawar health clinic, where he was pronounced dead.
The Enforcement Agency Integrity Commission later issued a statement confirming that 61 wounds found on his body were “defensive injuries”.
The family sued and was awarded RM448,000 in compensation and damages in 2019.
However, the policemen who were charged with committing culpable homicide not amounting to murder by causing his death, were found not guilty.
Hector said it is difficult for action to be taken if the victims or their families choose not to report such incidents for fear of repercussions.
“After all, some may not be in detention for long. This is more so if the assailant is an officer.”
Hector stressed that cases of death or assault in custody “is not linked to a person’s ethnicity or race”.
“It’s more likely linked to a person’s class, the poorer you are, the more likely are you to be assaulted while being detained,” he said.
He urged the government to keep remand prisoners apart from those who are already facing charges in court. He said that would protect the rights of remand prisoners.
Hector added that it was also important to have an individual who is independent of the Prisons Department acting as an ombudsman, or an official appointed to investigate complaints against a public authority.
