Death in custody: Gov’t must act to check police’s wide powers

By Prof P Ramasamy

 

IT is not the police alone, but the Government must also be blamed for custodial deaths.

Yes, the old and outdated crime busting methods, the belief that persons detained were by definition criminals, that members of the working class are more prone to engage in crime and the myth that working class Indians have propensity for crime could explain why there are so many deaths in custody.

One would expect with education and training, the police force will do away with unprofessional methods in extracting information pertaining to the crimes being investigated.

It is really unfortunate and tragic that the rough and extreme physical methods in extracting information from the detainees have led to so many deaths in custody.

To date, no policemen involved in the investigation and extraction of information have been charged for causing the deaths of the detainees.

The tragic deaths of A Ganapathy and S Sivabalan in the same Gombak police station in less than a month raises questions on whether the police really have the ability, education and training to engage in professional investigation.

At the end of the day, the police, in order to produce quick results and close criminal cases, take the easy way out. In other words, the application of maximum physical pressure to obtain information whether those in custody are innocent or not.

Since there is no agency to investigate police misconduct, the common belief is that the police are untouchable and beyond prosecution.

It is this strange sense of impunity that allows the police, not all of them, but some sections to continue their inhuman ways.

IPCMC the way out

The arrival of a new Inspector-General of Police, the transfer of district police chiefs and other measures occasionally undertaken hardly impact on improving the police force professionally.

In fact, internal changes within the police force reinforce rather than bring about positive changes.

And the unfortunate deaths of Ganapathy and Sivabalan in the Gombak police station are not the first and definitely not going to be the last.

Unless of course, a major check and balance is imposed on the police force.

I do not expect the police force to improve their performance overnight. There will be crimes in the country and some unfortunate persons are going to be arrested and detained for investigation.

There is a possibility that we may hear more cases of custodial deaths involving the working class, and the dead will have no tales to tell.

Only a thorough and impartial investigation will reveal as to who were responsible for the deaths of those in custody.

The Government of the day, has the responsibility in ensuring that deaths in custody are brought to an end.

However, a Government that exists on the basis of racial and religious extremism cannot be expected to give priority to human rights issues.

The matrix of race and religion is too toxic to provide an avenue for discussion and measures to be taken to curb deaths in custody and the other familiar periodic episodes of shootings of alleged criminals.

With so much opposition to the idea of an Independent Police Complaints and Misconduct Commission (IPCMC), the Government seems to be caught in a paralysis.

It is not prepared to implement this much talked about mechanism simply due to the opposition from the police. – May 23, 2021.

 

Prof P Ramasamy is the Deputy Chief Minister of Penang and Perai state assemblyman.

The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.

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