MALAYSIA: Death in police custody, investigation hampered

Mass arrest operation against gangsters; Alleged mistreatment and torture of detainees

MALAYSIA: Death in police custody, investigation hampered

——————————————————————–

– Name of the victim: Mr. S. Tharma Rajen, 20, a waiter from Kuala Lumpur

– Date of death: 21 June 2002

– Place of death: Putrajaya hospital, following transfer from Putrajaya lockup on 9 June 2002

– Official cause of death: pneumonia; independent post-mortem later said tuberculosis

– In custody from: 3 April 2002

CASE DETAILS

Mr. S. Tharma Rajen, a previously healthy young man, died mysteriously in police custody on 21 June, and investigations into the death have thus far been hampered. The cause of death listed on the death certificate based on the official post-mortem was pneumonia. An independent post-mortem by the University Malaya Medical Centre later said he had died from tuberculosis. However, this second report also said that there were signs of malnourishment after Tharma Rajen¡¯s months in police custody.

Members of his family suggested also the possibility of police torture. According to reports in Malaysiakini, Asokan, brother of Tharma Rajen, visited the hospital morgue with the family’s lawyer to identify the body. He told reporters, “His lips were cut and there were blood stains on the sides of his mouth. There was also a cut measuring two inches just above his anus.” Asokan also said that at an earlier meeting with him, Tharma Rajen had told him that the police had beaten him on his legs and the soles of his feet.

Tharma Rajen was arrested as part of a massive operation against gangsters called Operation Copperhead. Unfortunately, sources say, in the process of arresting known wanted men, police have arrested other young Indian men who fit the general profile. Many of those arrested are poor and not well educated and have little or no access to legal assistance. Some arrested in this operation, including Tharma Rajen, have been detained under provisions in Malaysia’s Internal Security Act or Emergency Ordinance that allow an initial detention by the police for 60 days without charge, which the Minister can later extend.

There have also been other recent deaths in police custody. There have been other allegations of mistreatment and torture of detainees. Many detainees have been held for long periods without contact with family members, medical personnel, or lawyers.

SUHAKAM, Malaysia’s National Human Rights Commission, has now launched an investigation into Tharma Rajen¡¯s death. It was apparently able to get a copy of the post-mortem report only in early August. Tharma Rajen¡¯s family had been trying to get the official post-mortem report for over a month.

The Asian Human Rights Commission (AHRC) wants to point to the need for accountability and a transparent investigation on this matter. The signs of possible police abuse are disturbing. Even if Tharma Rajen died of pneumonia or tuberculosis, there still needs to be an explanation as to why he did not receive medical care early enough and as to whether other detainees have been properly screened for contagious diseases. On international human rights standards, persons in detention have the right to be treated humanely, and the corollary right to appropriate medical treatment. The AHRC is concerned about the apparent denial of these rights to Tharma Rajen.
 

SUGGESTED ACTION

Please write to Malaysia’s Inspector-General of Police, Minister of Home Affairs, and Human Rights Commission to call for accountability and transparent investigations into the death in custody of Tharma Rajen and others who have died in Malaysian police custody.
 

 

 

To support this case, please click here: SEND APPEAL LETTER