The unending saga of custodial deaths in Malaysia

The unending saga of custodial deaths in Malaysia

By Prof Ramasamy Palanisamy




Is it a surprise that custodial deaths have accelerated in the country?

In the last seven years, there have been nearly 80 deaths in custody, whether in custody or in lockup.

Last year alone, there have been 44 deaths in custody, with the numbers showing no signs of abating.

The question that needs to be asked is why are these deaths in custody showing no signs of being reduced?

Basically, there are two principal interrelated reasons: the impunity enjoyed by the police and the absence of political will.

The perception that police can do no wrong seems prevalent as even if the police personnel is charged, there is a belief that they might get away scot-free.

In other words, there is a perception that the police enjoy immunity from prosecution.

Related to this is the commonly-held belief that those arrested and detained are criminals.

The notion that those arrested are innocent until proven guilty in the court of the law seems quite alien to the police force.

Deaths in custody are related to the way crude and cruel methods are used in the extraction of confessions from the detainees.

Even if the detainees are not guilty, they are forced under extreme circumstances to “confess” their crimes.

There is no such thing as sudden deaths in custody as the deaths are caused by the manner in which information is extracted.

More importantly, there is no such thing as human rights for those detained.

For those detainees who are already suffering from medical problems, the beatings sustained are enough to cause sudden deaths.

Is it any wonder that those who were brought to hospitals have been reported to have died “sudden deaths”?

The notoriety of deaths in custody

Deaths in custody have gained notoriety over the years and tragically reflects the police force’s professionalism.

Generally, the police personnel are better educated now than before but unfortunately, better education and training have not resulted in improving the professionalism of the police.

Deaths in custody seem to be curse on the poor and the unfortunate and invariably, those who died in custody belong to the lower socio-economic class.

In fact, we seldom hear individuals in the upper socio-economic bracket dying in custody possibly because they or their families have connections or they have the means to wriggle their ways out.

It is not that those in the middle and upper-middle classes don’t commit crimes, but such crimes might be too well-camouflaged to be detected.

The police personnel – though not all of them – think that they can get away with impunity by punishing the poor and the unfortunate because they are dispossessed of power and influence.

The class dimension is an important aspect of why only the poor and the unfortunate die in custody.

It is not that they do not commit crimes, but perhaps there must be a sociological angle to explain why they engage in crimes.

Of course, even if the police force is generally educated, law and order must precede any sociological inquiry and the enforcement of law and order must be subjected to rules and regulations.

There is hardly any room apart from the application of a minimum force in the arrest and detention of those who suspected of having committed crimes.

The law does not allow the police to take the law into their own hands and using force in the extraction of information.

In most instances, deaths occur due to the exercise or the use of inordinate force on the detainees.

The question is, why are the police getting away with being punished for the deaths of detainees in custody?

Can they take the law into their own hands and act as though they are judge, jury and executioner?

Why are the police not accountable in this country where there are clear separation of powers?

The bigger question is, rather than investigating and prosecuting the police officers guilty of crimes, why is the Attorney-General keeping mum on this matter?

The police can get away with impunity because there is no political will in the part of the Government to take them to task.

To make matters worse, we have a lame duck Prime Minister who is simply inept in governing the country.

He is naively and unimaginatively wrapped up in the entrapment of the “Malaysian Family” concept and pretends as though there is nothing wrong with the country.

In the past (and the present as well) law enforcement agencies seem to be getting away from prosecuted.

If MACC chief commissioner Tan Sri Azam Baki can get away from being investigated for allegations of corruption, then what kind of government do we have?

There is clearly a crisis of legitimacy in the country. – Feb 9, 2022



Ramasamy Palanisamy is the state assemblyman for Perai and the Deputy Chief Minister II of Penang.