Thursday, January 15, 2015

Police wrong in not giving access to medication in death in custody case


231 cases of death in custody from 2000 until May 2013 - 97 Malays, 49 Chinese, 51 Indians.

"The death of the deceased is due to a hypertensive heart disease and this is due to police not giving or allowing medicine related to his problem," the coroner said.
 
Court: Cops acted unlawfully in Chandran's death

In a landmark ruling today, a coroner's court in Kuala Lumpur found the police to have acted unlawfully in not giving medicine and medical attention to detainee P Chandran.

Sessions court judge Ahmad Bache, who sat as the coroner, said Chandran died in the police lock-up before 7.48am on Sept 10, 2012, but the police only noticed and reported it 12 hours later.

"The death of the deceased is due to a hypertensive heart disease and this is due to police not giving or allowing medicine related to his problem," the coroner said.

Chandran, who is from Simpang Renggam, was remanded at the Dang Wangi police station lock-up for four days before his death.


 
During that period, he was not allowed to take medication that his family members tried to give him.

The 47-year-old was arrested following a police report lodged by an Indonesian woman who said her baby was abducted.

The woman had agreed to give the baby to Chandran's brother-in-law, who is a Muslim, after her birth hospital fees were paid by the adopting party.

Chandran’s case marks the first time that a sessions court judge in Kuala Lumpur has acted as a coroner, a role previously limited to magistrate.

This follows a practice directive by Chief Justice Arifin Zakaria that inquests by a coroner should handled by sessions court judges and not by magistrates. - Malaysiakini, 16/1/2015, Court: Cops acted unlawfully in Chandran's death





Police responsible for custody death of lorry driver, says coroner



A coroner's court today ruled that police were responsible for the death in custody of lorry driver P. Chandran through their omission to provide him with timely medical assistance.

Sessions judge Ahmad Bache, who sat as coroner, said in his verdict that police officers from Cheras and Dang Wangi district police headquarters had committed unlawful omission by not giving Chandran his medication and sending him to hospital.

Ahmad said the police were aware that Chandran was under medication as this had been recorded by a magistrate when a remand order was issued against him.

He said that closed-circuit television (CCTV) images showed the 47-year-old likely succumbed to hypertensive heart disease at 7.48am but police had reported his death only 12 hours later. "A policeman gave evidence that the deceased died at 7pm (on September 10, 2012) but the CCTV footage showed he was not moving at 7.48am," he said.

Police reported Chandran's death at 8pm that day.

Chandran, who was from Simpang Renggam, Johor was arrested on September 6, 2012 following a police report lodged by an Indonesian woman who said her newborn baby had been abducted and held for ransom.

Further investigations revealed that the woman had agreed to give the baby to Chandran's brother-in-law, who is a Muslim and had no children.

The baby was supposed to be adopted after the completion of documentation.

However, she changed her mind and lodged a police report. Police arrested four people, including Chandran and the would-be adoptive parents.

Chandran, a father of six, was held at the Dang Wangi police station lock-up for four days before his death and during that period, he was not allowed to take the medication that his family members tried to give him.

"The death of the deceased is due to a hypertensive heart disease and this is due to police not giving or allowing medicine related to his problem," the coroner said.

Pathologist Dr Nurul Kharmila Abdullah also gave evidence that the death could have been avoided if he was given the medication and sent to hospital on time.

Ahmad said there were injuries on the Chandran’s head and body but was uncertain how they were inflicted.

"But two witnesses went on record to state that Chandran did not have any injuries prior to his detention," he said.

Ahmad said the police must be held accountable for the death even if the injuries  were inflicted by policemen or inmates.

This is the first time in recent memory that a coroner has pointed to a party responsible for a death in custody following the landmark Court of Appeal ruling last year which substituted the open verdict of a coroner with that of an unlawful act of person/s unknown against Teoh Beng Hock.

In that case, the aide to a DAP state assemblyman was found dead outside the Malaysian Anti-Corruption Commission (MACC) office, hours after being questioned.

A three-man bench also ruled that only a lower standard of proof, which is the balance of probabilities, was required in an inquest to find out the cause of death.

While Datuk Mohamad Arif Md Yusof and Datuk Mah Weng Kwai held that coroners could arrive at an open verdict, Datuk Hamid Sultan Abu Backer said the Criminal Procedure Code provided no room for such conclusions.

However, the judges were unanimous that the coroner in Teoh's case was wrong in his finding, as there was overwhelming evidence against the MACC officers.

They also ruled out suicide.

Teoh, who had been held for questioning, was found dead on the 5th floor annexe corridor of Plaza Masalam in Shah Alam, which houses the MACC office, on July 16, 2009.

Meanwhile lawyer M. Visvanathan who appeared for Chandran's family told The Malaysian Insider today that the coroner's verdict was sufficient for the police to investigate the persons responsible for the crime.

"The public will be closely following what the police and public prosecutor will do from now on," he said.
 
 
- See more at: http://www.themalaysianinsider.com/malaysia/article/police-responsible-for-custody-death-of-lorry-driver-says-coroner#sthash.pfA25eqV.dpuf

Wednesday, January 14, 2015

Another death in police custody - sudden death?


Tarmizi said, between 2005 and 2014, a total of 111 deaths in custody had been recorded by Suaram.


Rights group slams Putrajaya over another death in police custody 

Published: 14 January 2015 10:47 AM 
A human rights group has said that Putrajaya was not serious about curbing abuse of power by the police, following the death of a man in police custody in Johor, less than two weeks into the new year.

Suara Rakyat Malaysia (Suaram) coordinator Tarmizi Anuwar said according to records, the 31-year-old victim had 10 previous convictions related to drug offences.

"On January 7, the victim complained of a stomach ache and was sent to the Sultan Aminah Hospital in Johor Baru for treatment.

"He was returned to the lock-up after being given outpatient treatment at the hospital. The following day, he complained of stomach ache again." This time round though, the suspect died shortly after arriving at the hospital and police classified his passing as sudden death.

Tarmizi said Johor Criminal Investigation Department chief Datuk Hasnan Hassan had confirmed the suspect's death.

"Although the coroner and pathology report both backed up police's classification of sudden death, but Suaram does not take this issue lightly.

"Both the coroner and pathology report checked the deceased's body at the scene and did not note any sign of external injuries.

"Police should reveal the exact cause of death. The excuse of sudden death is illogical when the deceased had complained of stomach ache."

Tarmizi said sudden death was an excuse which had been used on numerous occasions by police to explain deaths in custody.

"For example, on November 4 last year, the death of Syed Mohd Azlan in Pengerang had also been classified as sudden death.

"However, there were signs of severe injuries on Syed's body. The hospital also later confirmed the cause of death had been due to blunt trauma to Syed's chest."

Tarmizi said for 2014, there had been a total of 14 deaths in police custody which had been recorded by Suaram.

"Deaths in custody are a serious issue as it involved the integrity of the police force," Tarmizi said.

"Police are responsible for guaranteeing the safety and health of suspects in detention. Violence and injuries of any sort should not be permitted against suspects in custody."

Tarmizi said, between 2005 and 2014, a total of 111 deaths in custody had been recorded by Suaram.

"Despite all these case, until today, police have not formed an Independent Police Complaints and Misconduct Commission (IPCMC)."

He said this showed that Putrajaya was not serious in stamping out abuse of power by the police.

Tarmizi said the report by the 2005 royal commission (RCI) chaired by former Chief Justice Tun Mohamed Dzaiddin Abdullah had listed 125 suggestions including the setting up of the IPCMC.
- See more at: http://www.themalaysianinsider.com/malaysia/article/rights-group-slams-putrajaya-over-another-death-in-police-custody#sthash.sZSRXWf3.dpuf

ADPAN concerned about ongoiing executions in Pakistan

ADPAN (Anti Death Penalty Asia Networks)  Press Statement

APDAN is deeply concerned with the ongoing executions by Pakistan government, and if  not stop, will see more than 500 people being executed for the next few months .

Pakistan has been on moratorium since 2008. Unfortunately, the moratorium was immediately  lifted after the horrific “ Peshawar School Attack” which took away the lives of 132 children . The whole nation was shocked and angered.
 
ADPAN condemned all such acts of violence.

In the mean time, ADPAN viewed that the Government’s decision to lift the moratorium has been made hastily and on the wrong assumption that execution will successfully tackle act of terrorism. Indeed, it is the opposite. Killing will only perpetuate more violence.


Based on some news reports, it is known that out of the 500 due to be executed, at least 200 of them are not terror-related. It is even more disturbing to have known the Government is about to execute someone who might have been wrongfully condemned, such as the case of Shafqat Hussain, who was allegedly tortured into confessing to murder, and sentenced to death by an anti-terrorism court. He was 14 years old then.


What it turns out now is that those who have been victims of miscarriage of justice are on the list of execution. 


ADPAN regret that Pakistan Government has rushed to lift the moratorium without regards to international human rights law. We urge the Government to stop all  execution, resume the moratorium and eventually abolish the death penalty.


Issued by:


Anti Death Penalty Asia Network (ADPAN)


14 January 2015