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Sunday, 22 January 2012

Death in police custody – A Kugan (Taipan, USJ police station lock-up; 20 Jan 2009)

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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