"[This is] as an immediate step in restoring confidence in the government and its enforcement agencies," said the Selangor DAP chairperson in a statement today.Kugan, who was arrested on suspicion of involvement in a car theft case, died early this year in the USJ Taipan police lockup.
A post-mortem revealed injuries allegedly sustained while in police custody, and included deep lacerations, cuts, wounds and burn marks on the body.
After eight months, police constable V Navindran was charged last week with two counts of causing grievous hurt to Kugan while attempting to obtain a confession. Navindran has claimed trial to both charges.
However, Santiago claimed that, just like the first autopsy and investigation into Kugan's death, the government's latest decision only continues to vex the public."If the attorney-general (AG) thinks he can walk around with a smug expression for having discharged his duties, he would certainly be disappointed as most Malaysians are questioning the obvious irregularities in Kugan's case," said the Klang MP.
One such 'irregularity', according to Santiago, is why the case - earlier classified as murder by the AG - now involves a lesser offence.
"This would certainly prevent the court from looking at the case in its entirety or from coming up with a decision that matches the gory injuries sustained by Kugan," he said, voicing support for lawyer Gobind Singh Deo's call to amend the charges against Navindran.
"Considering the extent of Kugan's injuries, why weren't other officers charged for Kugan's death?
"The AG's rhetoric rarely makes for a good case. But in this instance his attempts to shrug off the obvious link between the injuries and cause of death clearly illustrates his attempts to mask the larger truth."
Last Wednesday, AG Abdul Gani Patail told the media: "There is no evidence that the deceased suffered instant death. Instead, the deceased died four days after the alleged beating. Therefore, there was a wide gap in between and a charge of murder could not be preferred against the suspect."
Santiago claimed the AG's decision protects the cosy relationship shared by the government, the AG's chamber and the police force.
"Instead of acting in the interest of justice, they provide cover for each other to promote the self-interest of the ruling elite.
"As such the only measure to restore confidence in the police force and government institutions would be for the AG to cut short his shadow play and instead charge all the police officers who are responsible for Kugan's death."
Policing the police
Santiago noted that the increasing incidence of custodial deaths has tarnished the credibility of the police force and other government institutions.
He cited a parliamentary report which revealed that 1,535 custodial deaths had occurred between 2003 and 2007, and alleged that most of these cases were not investigated.
"In the event the police chief offered an explanation for the sudden death of another detainee, it would always be crafted around a sloppy script with a fuzzy outline and couched in political jargon."
He reiterated the need to monitor the force, urging the premier to set up the Independent Police Complaints and Misconduct Commission (IPCMC) without further delay.
Human rights activists, opposition politicians and members of the civil society have been demanding for the IPCMC, recommended by Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police in 2005.
The government has instead proposed a Special Complaints Commission to check abuse by personnel in all enforcement agencies.
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