Three years ago on 20 Jan 2009,
22-year-old A Kugan reportedly died in the Taipan, USJ police station
lock-up five days after he had been arrested.
The
death occurred in highly suspicious circumstances that raise very
alarming questions about the treatment of detainees in police custody
and the methods of interrogation used. Photographs and video footage of
the deceased individual that were available in the public domain
revealed what appeared to be shockingly severe, inexplicable injuries on
his body, which appear to be consistent with physical restraint and
torture.
Despite
the requirement that all custodial deaths be investigated by inquiries
conducted pursuant to Chapter XXXII of the Criminal Procedure Code, it
does not appear that an inquest has been conducted into A Kugan’s death.
On
28 Jan 2011, the Sessions Court found police constable V Navindran not
guilty of causing injuries to A Kugan during the latter’s detention. The
decision was made without calling V Navindran to defend himself.
However, this decision was overturned at the High Court on 20 Jan 2012,
and V Navindran was ordered to enter his defence on two alternative
charges of causing hurt to A Kugan.
Earlier, on 14
Jan 2012, N. Indra, the mother of A Kugan had filed a suit against the
police and the government for more than RM100 million in damages over
his death. She is seeking damages over misfeasance of public office,
false imprisonment, negligence, assault and battery, and breach of
statutory duties on the part of the defendants. In the suit, Deputy
Inspector General of Police Dato’ Sri Khalid Abu Bakar, who was Selangor
police chief at the time of the incident, is named as the first
defendant, while the second defendant is police constable V Navindran.
Every
death in custody must be thoroughly and impartially investigated. A
Kugan’s death must not be relegated to a mere statistic.
Based
on statistics disclosed by the Ministry of Home Affairs, 156 persons
died in police custody from the year 2000 until February 2011.
We express our heartfelt condolences to A Kugan’s family and friends on this anniversary of his death.
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