Suhakam: Onus on cops to probe death in custody

Police ‘appear to have failed to protect detainee’

PETALING JAYA: The police should conduct a reasonable and independent investigation into the death of 44-year-old S. Balamurugan, who died while in their custody, said Suhakam.

Chairman of the Human Rights Commission of Malaysia Tan Sri Razali Ismail said this was necessary because there appeared to be wilful disregard or a serious breach by police in their duty to protect the life of a detainee.

“Where there is an alleged breach of this duty of care, there is an obligation on the police to investigate and carry out an efficient, independent and reasonable investigation which must lead to the perpetrators’ identification and prosecution,” he said in a statement yesterday.

Balamurugan was arrested at about 6.30pm on Feb 6, along with two other suspects.

Razali said Suhakam was told that Balamurugan was shivering and not able to walk when he was sent to the Shah Alam Centralised Lockup at about 4.10am on Feb 7.

He said the suspects were brought before the Klang magistrate’s court at around 10am that day for remand; but the court refused to issue the order for Balamurugan.

The magistrate directed police to take the detainee for immediate medical treatment but they failed to do so and took him back to the North Klang district police headquarters at about 1.15pm, said Razali.

He added that from about 7pm to 11.30pm, Balamurugan was not monitored by the policemen on duty.

“By approximately 6.30pm, by which time his detention became unlawful, Balamurugan’s condition had deteriorated severely and at about 11.30pm, he was found unconscious

Suhakam considers it to be the duty of the investigating officer to be responsible for the acceptance, safety, security, health condition and welfare of any person arrested andd detained by the police.

Tan Sri Razali Ismail

or presumably dead by the investigating officer,” Razali said.

He added that before Balamurugan was taken to the district police headquarters, he was allegedly hit on the ears, beaten on the feet and legs, and punched and kicked in the chest.

“Suhakam considers it to be the duty of the investigating officer to be responsible for the acceptance, safety, security, health condition and welfare of any person arrested and detained by the police,” Razali said.

He said that although the police could detain Balamurugan for 24 hours, they may have deliberately flouted the court order or wilfully abused their powers when he was taken back to the district police headquarters, purportedly for his statement to be recorded.

“Evidence shows that this was not done and he was instead held without reasonable and credible justification,” he added.