Permanent coroner's court to deal with deaths in custody

The Sun Daily
by Hemananthani Sivanandam

PUTRAJAYA (June 19, 2013): The cabinet has given the green light to the setting up of a permanent coroner’s court, a centralised lock-up in every state and a beefed-up Enforcement Agency Integrity Commission (EAIC) as part of steps to deal with deaths in custody.

The ministers felt that the measures should be implemented as soon as possible.

Minister in the Prime Minister’s Department Nancy Shukri said the permanent coroner’s court is an effective way of tackling the issue.

She said priority will be given to the Federal Territory and Selangor due to recent cases of custodial deaths in the two areas.

Nancy said the plan is to set up such a court in every state on a priority basis.

She said a magistrate on the superscale C will be appointed to head every court with a forensic medical expert assisting the person.

“The courts will be set up as soon as possible, as they do not require any change in the law. It is an administrative (matter), she told a press conference which also saw Home Minister Datuk Seri Ahmad Zahid Hamidi and Minister in the Prime Minister’s Department Datuk Paul Low in attendance.

Nancy said the Health Ministry will work with the courts to identify the medical experts to be roped in.

Ahmad Zahid, who spoke about the setting up of the central lock-up in every state, said the larger states will have more than one central lock-up.

He said some buildings will be refurbished to cater to lock-ups and will be equipped with CCTVs.

“The lock-ups in police stations will not be used for interrogations, which will be done in the central lock-ups,” said Ahmad Zahid, adding that there are already five central lock-ups.

He said he, Nancy and Low will also be looking into the strengthening of standard operating procedures (SOPs).

“Any additional elements in the SOP will be injected into (the establishing of the central lock-ups),” he said, adding that the overall budget for the central lock-ups is expected to not exceed RM35 million.

Ahmad Zahid said the measures were an indication of the government’s concern and sensitivity on the issue of deaths in custody which had raise concerns among the public.

Meanwhile, Low whose duties include supervision of the Malaysian Anti-Corruption Commission (MACC), said the EAIC will be revamped to make it stronger and more effective with additional resources such as greater manpower.

“There are two types of power, one of which is disciplinary power in cases of misconduct. The other is power to prosecute in criminal offences (and we are) looking into it (but the) priority is on making EAIC stronger,” he said.

Asked if EAIC will be given power of prosecution, he said that although the commission has sufficient provisions, that suggestion will be looked into.

The recent spat of deaths in custody caused a public outcry, renewing calls from civil society groups and politicians from both sides of the political divide for the Independent Police Complaints and Misconduct Commission (IPCMC) to be implemented.

Over the last decade, 64 Malays, 30 Chinese and 28 Indians have died in custody.