Justice for Sivabalan: Independent investigation needed to clear the air

THE recent death of S Sivabalan in police custody isn’t the country’s first custodial death, and it certainly won’t be the last. The big question here is what the authorities are going to do about it.

The 42-year-old security guard was arrested for an extortion case and brought to the Gombak district police headquarters at 11.20am on May 20. He was kept in custody at the police station there.

In less than an hour, he was pronounced dead after a Selayang Hospital medical emergency team had failed to revive him. An autopsy conducted determined that Sivabalan died from a heart attack, and the case was classified as ‘sudden death’.

Therefore, the best course of action moving forward would be to conduct a public inquiry, and the newly appointed Inspector-General of Police (IGP) Datuk Seri Acryl Sani Abdullah Sani must act swiftly to get justice for Sivabalan.

As the death occurred in police custody, it would simply be illogical for the police to conduct their own investigation.

In this case, a suspension pending investigation must be imposed, with all police officers involved in Sivabalan’s arrest be temporarily suspended to prevent interference in any form.

The fact that Sivabalan’s death comes hot on the heels of another death in custody involving another ethnic Indian, A Ganapathy, at the same Gombak district police headquarters should be an immediate cause for alarm.

But despite repeated calls for action and criticism towards the Government and the police, it is very disheartening that the powers that be have yet to issue a proper response to this matter.

By way of response, Prime Minister Tan Sri Muhyiddin must step in to address this issue once and for all. In fact, wouldn’t this be a good time reconsider setting up the long-proposed Independent Police Complaints and Misconduct Commission (IPCMC)?

There are still so many unanswered questions – and not to mention, discrepancies – surrounding Sivabalan’s death, and this makes the need for IPCMC all the more dire.

In fact, the establishment of an external and independent civilian oversight body to investigate complaints about police personnel and to clothe it with disciplinary authority should be a matter of great priority.

Two custodial deaths in the span of weeks, this is no trivial matter. Therefore, the move to establish the IPCMC will not only ensure a transparent and accountable police force in Malaysia, but also give the public the answers they deserve and most importantly, justice for Ganapathy, Sivabalan as well as all the others who have suffered from injustice in their final hours. – May 26, 2021

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