Dear friends,
The Asian Human Rights Commission (AHRC) has received information about suspicious death of G. Francis Udayapan. His body was found in the Klang River on 23 May 2004. It was covered with deep bruises. Even though the police reported that he escaped from the Brickfields Police Station on 16 April 2004, Udayapan’s mother claims that her son might die in police custody due to the torture by the police and could have been dumped into the river to cover up his death. The family has not been allowed to access the post-mortem report and an independent inquest has not been held despite the family’s several request.
Please send a letter to the local authorities demanding to hold an appropriate inquest and an independent and thorough investigation into this matter. Also ask them to allow Udayapan’s family to access the official post-mortem report without delay.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
The body of G. Francis Udayapan (24) was found in the Klang River at around 6:00 pm on 23 May 2004. It was covered with deep bruises. His mother Sara Lily George has identified the body as that of her son on 25 May 2004. Udayapan, who could not swim, was expected to be released the day after his disappearance.
G. Francis Udayapan had been arrested and taken into police custody at the Brickfields Police Station on suspicion of an alleged theft of a mobile phone and the use of a stolen motorbike on 14 April 2004. The Brickfields police claimed that Udayapan escaped on 16 April 2004 by jumping out of the first floor window and jumped into the Klang River behind the police station while he was taken for the interrogation. On 22 April 2004, investigations into his disappearance were taken over by Bukit Aman Police Headquarters in Kuala Lumpur, which later ruled out foul play.
However, Udayapan’s mother insisted that her son might die in police custody due to the torture by the police and could have been dumped into the river to cover up his death. She and NGO groups questioned that how the discovered body looked too good and too intact for one that has been submerged in water for 37 days (the amount of time that elapsed since Udayapan allegedly jumped into the Klang River). Udayapan’s mother has also complained that her family and lawyers have apparently been harassed by the police over their allegations concerning her son’s death. It’s reported that she has refused to take back Udayapan’s body until she receives a post-mortem report.
Royal Police Commission, which was set up in February in order to inquire into police misconduct and procedure and proposing reforms, received dozens of letter from several activists and organizations urging a prompt and thorough investigation into Udayapan’s disappearance from police custody on 18 April 2004. But the Commission has not pressure the police to speed up investigations and did not give any effort to find Udayapan’s whereabouts. The Commission was also requested to serve as an intermediary between Udayapan’s family and the police as the police itself involved in allegations regarding this case, but the request was denied.
AHRC is deeply concerned by the suspicious death of Francis Udayapan and asks the local authorities to hold an appropriate inquest immediately. An independent and thorough investigation should be guaranteed as well. Also, Udayapan’s family must be furnished with a copy of the official post-mortem report without delay and an independent post-mortem by a forensic expert should be allowed if the family wants.
BACKGROUND INFORMATION:
In Malaysia, 237 persons died in custody and 16 persons among them died in police custody in 2002. Also, 188 persons died in custody including seven death cases in police custody in 2003 only until July 2003.
However, the Human Rights Commission of Malaysia (Suhakam) has ruled out the possibility of launching an inquiry into cases of custodial deaths as it does not want to usurp the powers of other authorities. This policy bases on the Criminal Procedure Code which states that a magistrate has the discretion to hold an inquiry while the public prosecutor can order one into cases of deaths in police custody.
The commission has been urged on numerous occasions to initiate inquiries into the cases of suspects dying while under police detention over the past few years. However, the Suhakam has kept its passive attitude in this matter urging that the law should be amended first, which allows an automatic death inquiry whenever a death occurs in police custody or as a result of police action, in order to hold an inquiry into those cases.
SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below and express y our concern of this case.
1. Dato’ Seri Abdullah Hj. Ahmad Badawi
Prime Minister
Block D1, Parcal D, Pusat Pentadbiran Putrajaya
62502 Putrajaya, Selangor
MALAYSIA
Fax: + 60 3 8886 8014
E-mail: abdullah@kdn.gov.my
2. Attorney General of Malaysia
State Attorney General’s Chambers
9th Floor, Yayasan Sabah Building
88990 Kota Kinabalu
Sabah, Malaysia
Tel: +60 3 88 421018
Fax: +60 3 88 425774
3. Datuk Seri Mohd Bakri Omar
Inspector General of Police
Ketua Polis Negara, Ibupejabat Polis Diraja Malaysia
Bukit Aman, 50502 Kuala Lumpur
MALAYSIA
Tel: +603 2273 1326
Fax: +603 2272 2710 / 2273 1326
4. Tan Sri Abu Talib Othman
Chairperson
Human Rights Commission of Malaysia (SUHAKAM)
29th Floor, Menara Tun Razak
Jalan Raja Laut, 50350 Kuala Lumpur
MALAYSIA
Tel: +603 2612 5600
Fax: +603 2612 5620
E-mail: humanrights@suhakam.org.my
5. Ambassadeur Rajmah Hussain
ICC-1er/ H, Pré-Bois 20
CP 1834, CH-1215
Geneva 15
SWITZERLAND
Fax: +4122 710 75 01
E-mail: mwgeneva@ties.itu.int
Sample letter:
Dear,
Re: MALAYSIA: Suspicious death of Francis Udayapan; Independent inquiry is required
I am writing to bring to your attention the suspicious death of Francis Udayapan. His body was found in the Klang River on 23 May 2004, after he was allegedly escaped from the Brickfields Police Station on 16 April 2004. However, Udayapan’s mother claims that her son might die in police custody due to the torture by the police and could have been dumped into the river to cover up his death. She also complained that her family and lawyers have been harassed by the police over their allegations concerning her son’s death.
In fact, the circumstance of Udayapan’s death arouses suspicions regarding the reason of his death. First, his body was covered with deep bruises when it was founded in the Klang River on 23 May 2004. Second, The Udayapan’s body looks too good and too intact for one that has been submerged in water for 37 days (the amount of time that elapsed since he allegedly jumped into the Klang River). Third, Udayapan’s family has not been allowed to access a post-mortem report even though they keep insisting to receive it.
Accordingly, I urge you to hold an appropriate inquest into this case immediately and Udayapan’s family must be allowed to access the official post-mortem report. I also recommend you to ensure an independent post-mortem by a forensic expert if Udayapan’s family wants. I further urge you to order a thorough investigation by the independent agency rather than the police as the police itself involved in allegations regarding this case. I also request the Human Rights Commission of Malaysia (Suhakam) and the Royal Police Commission to take strong action related to the suspicious death in the police custody. Lastly, I also call for the Government of Malaysia to ratify the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and to legislate upon it without delay in order to prevent these human rights abuses in the future. The Government of Malaysia should amended the law in the direction of allowing an automatic death inquiry whenever a death occurs in police custody or as a result of police action.
Sincerely yours,
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
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