MALAYSIA: Person found hanging in police station toilet 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-84-2004
ISSUES: Administration of justice,

Dear friends

The Asian Human Rights Commission (AHRC) is gravely concerned that 29 year old Mageswaran a/I Ramasamy was found hanging in the toilet of the Petaling Jaya Police Headquarters, where he had allegedly gone to file a police report. The police have been quick to state that this is a case of suicide and there has been no investigation into the suspicious circumstances of the death.

Your urgent action is required to ensure that this case does not become merely another statistic of death in police lock ups in Malaysia. Please pressure the Malaysian government to conduct an immediate investigation into this case and hold the responsible persons accountable.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Mageswaran a/I Ramasamy, aged 29

Place of incident: Petaling Jaya Police Headquarters

Date of incident: 17 June 2004

Mageswaran a/l Ramasamy died at the Petaling Jaya Police Headquarters on 17 June 2004. He was discovered hanging in toilet of the police station. The police allege that Mageswaran hanged himself using a rubber hose; in other words, that it is suicide.

Mageswaran was found dead about seven hours from the time he came to the police station, to allegedly file a police report. It seems illogical that the toilet was unused for seven hours until the body was discovered at about 10:00 pm that night. There was a wound about one inch long on Mageswaran’s lower right abdomen, which had been stitched up.

Mageswaran’s family members are disturbed by the speedy conclusion reached by the police of there being no foul play in his death, and that it was a case of suicide.

On 2 July 2004, a joint memorandum was submitted to the Inspector General of Police by about eight non-governmental organizations, calling for an immediate independent investigation into the death of Mageswaran. The groups also called for the immediate suspension of Assistant Commissioner of Police (ACP) Osman Bakar, who publicly claimed that there was no foul play, as well as all other police officers suspected to be involved in this matter at the said police station. This is essential in ensuring an independent and impartial investigation into Mageswaran’s death. There is also a need for a post-mortem to be done, and for an inquest to be held soon thereafter.

In Malaysia, according to the statistics released in the Dewan Rakyat (the Lower House of Parliament) on 10 October 2003, 237 inmates died last year, which is an average of 19.75 deaths per month. During that time there were 16 deaths in police lock-ups, including, R.Sunderaju (32), Utayamaran (33), Vivashanupillai (24), S. Tharma Rajen (19), and M. Ragupathy (24). This year (until July), there have been 188 deaths in prisons, which is a monthly average of 26.86 deaths per month.

With regard to Mageswaran’s death, there has yet been no serious and independent investigation on this case. The police, in the person of ACP Osman Bakar, was quick to publicly state that there was no foul play, and that Mageswaran committed suicide. Your urgent action is required to pressure the police and authorities to conduct an impartial and thorough investigation in this case and take legal/disciplinary action against the officers involved in this incident.

SUGGESTED ACTION:
Send a letter to the addresses below and express your concern about 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

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

SAMPLE LETTER

Dear,

Re: MALAYSIA: Person found hanging in police station toilet

I am writing to bring to your attention the suspicious death of Mageswaran a/l Ramasamy. His body was found hanging in the toilet of the Petaling Jaya Police Headquarters on 17 June 2004.

It is very unusual and disturbing that a man who went to the police station allegedly to lodge a report is found dead seven hours later, hanging by a rubber hose in the toilet of the police station. There was a wound about one inch long on Mageswaran's lower right abdomen, which had been stitched up.

The victim's family and other concerned persons suspect that there may have been foul play in his death. In fact, the circumstance of Mageswaran's death arouses suspicions regarding the reason and the circumstances of his death. However, the police, in the person of Assistant Commissioner of Police, Osman Bakar, have been too quick to decide that there was no foul play, and that Mageswaran committed suicide.

As such, I urge you to conduct an independent inquiry into the suspicious death of Mageswaran. A post-mortem and inquest must be held immediately. The investigation and inquiry should be conducted by persons not from the said police station and/or the said police district, to ensure full independence and objectivity. The conduct of the officers at the Petaling Jaya police headquarters must also be looked into.

I also urge the Human Rights Commission of Malaysia (Suhakam) and the Royal Police Commission to take prompt and appropriate action to investigate this suspicious death.

Sincerely yours,


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Thank you.
Urgent Appeals Programme 
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Case
Document ID : UA-84-2004
Countries :
Issues : Administration of justice,