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Saturday, 5 January 2013

‘Police must be held liable for custodial deaths’

The MP for Puchong Gobind Singh Deo says laws must be amended to make police officers responsible for deaths in detention.

KUALA LUMPUR: Police officers must be made liable for deaths of detainees in their custody, a DAP MP said today.

Gobind Singh Deo said today the government must consider amending the law to make police officers strictly liable for deaths of detainees in their custody.

The Puchong MP said this in the light of fatal police shootings that have been reported to increase 17-fold since 2001 – many often in dubious situations – but no convictions have been made except for the killing of 15 year-old Aminulrasyid Amzah and of A Kugan, who died under suspicious conditions in police custody.

“This means that the law should presume that the police officer under whom a person is detained for investigation is responsible for whatever happens to the detainee during detention unless the officer can prove otherwise,” Gobind said today in a press statement.

“The law should place the burden on them to then absolve themselves by showing that the injury or death was not due to any neglect or recklessness on their part,” he added.

The Puchong MP said the Barisan Nasional (BN) must “show seriousness” in combating the issue.

“If police officers are made strictly liable, they would take it upon themselves to ensure that detainees are adequately taken care of during the period of detention,” he explained.

He added this would include “taking all steps necessary to ensure that safeguard facilities available such as CCTV recorders are always in working condition”.

“It will also serve to push these officers to go strictly by law when conducting investigations,” he said.

Gobind insisted that unless the government take necessary steps, there will be no “significant change of attitude on part of the police to stop the assaults and deaths in police custody”.

According to police statistics as of August 2012, 147 people have died in police custody between January 2000 and February 2010.

The deaths included 64 Malays while in police custody, with 30 deaths among Chinese detainees, 28 Indians, eight other races, and 14 foreigners.

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