-E. Nalini, Suaram, June 27, 2013.

Stop The State Violence Movement welcomes yesterday’s landmark judgment by the High Court, Justice Datuk VT Singham awarding RM851, 700 in damages to the family of A Kugan [1], who died in police custody in 20 09 at Taipan Police Station, Subang Jaya.

In his judgment yesterday, Singham bravely ruled that the court found that all defendants, including the current Inspector-General of Police (IGP), Khalid Abu Bakar were liable.  We call up on the IGP to resign from his position and take full responsibility on Kugan’s death in 2009 when he was the CPO for Selangor.

Landmark Court Ruling in support of justice in the Public Interest

The brave judgment by Singham must be applauded. While many Malaysians have lost confidence in judges and the judiciary, this landmark decision, based on principles of human rights upholds justice in the public interest.  Singham’s decision has been long-awaited by Civil Societies who have been campaigning for police reform in this country. Many other deaths in custody are still undergoing inquests with the courts concluding that some deaths remain unsolved, opting to hand down an open verdict. Such decisions mark a failure to take action against the culprits behind the deaths of more than 200 victims under police custody. Many police officers who have been involved in causing death in custody are still walking free. They have to be brought to justice and they have to be held accountable for their actions.

The myth that the police force can act with impunity must be broken.  In order to achieve the process of accountability, there is absolutely no doubt that we need independent investigative bodies like the Independent Police Complaints and Misconduct Commission (IPCMC) , an independent judiciary and an independent and effective coroners court where justice and human rights form the crucial framework.

Malaysia Must End any of Torture and Custodial death

Singham’s judgment is a firm rebuke of the culture of impunity among the police force especially in the manner in which it deals with detainees, suspects or criminals. It is also a stern condemnation of the acceptance of torture in the country by the Malaysian government which has still to date refused to ratify the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and its Optional Protocol. Many organizations, on various occasions have shown evidence of torture inflicted on detainees or suspects from different lock ups, detention centres and prisons. For example, it is a known fact all ISA detainees are subjected to severe psychological and physical torture in various forms and methods and put in solitary confinement during their 60-day detention. Many migrant workers who have been detained have been tortured to extract out false confessions or just as a form of punishment as enforcement agencies been drilled with the perception that migrant workers are a threat to security. Torture cannot be justified as a form of punishment.  A detainee is innocent until proven guilty through the court process.

We  strongly urge the Malaysian government to immediately ratify the Convention Against Torture and the Optional Protocol. The government must move forward with a positive attitude of constructing a society free from violence and respect of rights and dignity of persons at all times.

Set Up IPCMC NOW

The key point stressed by Singham yesterday was on the importance of the IPCMC. He stated clearly that no matter how “faithfully” the local police investigated cases, it would still lack credibility when it came to probing its own men.

The recommendation of the Royal Commission of Inquiry (RCI) to form the IPCMC must be established as soon as possible to assure all concerned members of society that an independent mechanism is looking into the matter of abuses of police power free from the influence from police officers. He also said if abuse of power and unlawful acts are not checked, people will lose faith in the enforcement agencies.

The absence of judicial checks and balances in police force has also exacerbated the abuses of power by the police who can get away with impunity. It has also facilitated torture and ill-treatment of detainees.

We reiterate our demand that the government must set up the IPCMC now and this is the best time for them to do as citizen’s demand and outcry for such an oversight is increasing day by day. The Malaysian government will be reviewed under the Universal Periodic Review (UPR) process under Human Rights council in October 2013. The NGOs under COMANGO (Coalitions of Malaysian NGOs) are lobbying governments and international NGOs around the world to support our call to improve the human rights situation in Malaysia and especially the need to reform the police force. If the government is sincere, they should accept the call and recommendations by the governments and CSOs around the world.