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Tuesday 28 May 2013

CUSTODIAL DEATHS AND REMAND PROVISIONS BEYOND 24 HOURS

PROHAM expresses its concern over another death in custody, this time of N.Darmindran and calls on the government to hold an inquest to determine the cause of death. The recent case also highlights the string of custodial deaths over the years and this has tarnished the public confidence in the police force.

PROHAM urges the government to review its decision not to implement the Independent Police Complaints and Misconduct Commission recommended by the Royal Police Commission set up to enhance the operation and management of the Royal Malaysian Police.

The Royal Police Commission had also recommended that upon detention of a suspect, any investigation should be completed within 24hours and in normal cases any extension is to be an exception. In the circumstances, remand application should be limited to cases where investigation cannot be completed within 24hours of the arrest.

In cases like the arrest of Adam Adli and recent arrests of politicians Chua Tian Chang, Tamrin Gaffar and political activist Haris Ibrahim, investigation can be completed within 24hours without further remanding the suspects; a mere recording of a statement maybe sufficient. Evidence in cases of sedition can be obtained by other investigations and not by incarcerating the suspect for a period of seven days.

In the circumstances PROHAM urges the police not to resort to remand applications for suspects in cases like sedition, road accidents and other cases where incarcerating the suspect for seven or fourteen days does not in any way contribute to the successful investigation to charge any suspects.

Issued on behalf of Proham by Datuk Kuthubul Zaman Bukhari (Proham Exco) and Datuk Dr Denison Jayasooria (Proham Secretary-General)
May 28, 2013

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