Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the case of G. Francis Udayapan, whose body was found in the Klang river on 23 May 2004, more than a month after he was arrested by the police. Brickfields police officers claim that Udayapan jumped out of the police station window while in custody and drowned in the river, although the body was covered in bruises and did not look as though it had been in the water for a month.
Udayapan’s family urged the authorities to conduct an investigation into the suspicious death of their son. On 7 July 2004, the authorities notified Udayapan’s mother that the results of the DNA test using her blood and bone marrow samples came out negative. This is despite the fact that Udayapan’s mother positively identified her son’s body on May 25 in a signed police declaration. His mother is demanding that an independent DNA test be conducted to verify the identity of her son’s body.
Meanwhile, the police and hospital authorities continue to refuse Udayapan’s family access to the initial post-mortem report. Your prompt action to ensure that justice is served and an independent investigation into Udayapan’s suspicious death is immediately conducted is urgently needed.
To see our previous appeal on this case please visit:
UA-65-2004: http://www.ahrchk.net/ua/mainfile.php/2004/695/
Urgent Appeals Desk
Asian Human Rights Commission
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CASE DETAILS:
According to police reports, G. Francis Udayapan escaped from the Brickfields Police Station on 16 April 2004 by jumping out of the first floor window into the Klang River. His body was found in the river on May 23. Suspicion of foul play arose as the body did not look to have been submerged in water for 37 days. Udayapan’s mother, G Sara Lily stated that her son could have died in police custody after being tortured, as indicated by the severe bruises found on his body, after which his body was dumped into the river.
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.
Lily positively identified the body on 25 May 2004 as being her son, and is distraught by the negative outcome of the DNA tests using samples of her blood and bone marrow, which she had given on June 18.
The Malaysian Chemistry Department conducted the DNA investigations at the University Malaya Medical Centre (UMMC) and delivered a final report on July 2. The police allegedly picked up the report on July 6 and informed Lily and her lawyer on July 7. Lily immediately demanded the police to allow her to conduct an independent DNA test to prove that the decomposed body really is that of her son. “I don’t believe it for one minute. I’ve seen the body with my own eyes and I’m positive that it’s my son,” said Lily.
Lily’s lawyer, N Surendran, said he has given notice to the Inspector General of Police and UMMC not to dispose of the body as Lily wants a second DNA test to be done by independent doctors. He questioned why the results took so long, as well as why Lily has yet to be given Udayapan’s post-mortem report, even though they have shown her signed declaration of 25 May 2004 to the hospital authorities.
Both Surendran and Lily have written to the Malaysian Prime Minister, seeking justice, but have yet to receive a reply.
In Malaysia, according to the statistics released in the Dewan Rakyat (the Lower House of Parliament) there have been 188 deaths in prisons this year (until July), which is a monthly average of 26.86 deaths per month.
AHRC is deeply concerned by the suspicious death of Francis Udayapan, which seems to be yet another case of death in police custody, and demand that the authorities allow Lily to conduct an independent DNA test immediately, as well as themselves hold an independent and credible investigation into this case.
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, Pr?Bois 20
CP 1834, CH-1215
Geneva 15
SWITZERLAND
Fax: +4122 710 75 01
E-mail: mwgeneva@ties.itu.int
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: MALAYSIA: Authorities continue to refuse victim's family access to post-mortem report in case of suspicious death
I am writing to you regarding the suspicious circumstances surrounding G Francis Udayappan's death and the recent negative results of the DNA test conducted to verify the identity of his body, which was found in the Klang River on 23 May 2004. Udayapan's mother has already positively identified her son's body on 25 May 2004 in a signed police declaration.
Udayapan was arrested by the police on 14 April 2004 and the police claim that he escaped from the Brickfields Police Station on April 16 by jumping into the river out of the window. The police claim to have found the body in the river on 23 May 2004, however, Udayapan's body had severe bruises and did not look as though it had been submerged in water for over a month.
I am very concerned that the police and hospital authorities continue to refuse Udayapan's mother and her lawyer access to the initial post-mortem report. I urge you to hold an immediate independent investigation into the discrepancies of this case and hold the responsible persons accountable. I further urge you to ensure that Udayapan's family is given access to his post-mortem report and is allowed to have an independent DNA test to verify the identity of his body.
I also call on the Human Rights Commission of Malaysia (Suhakam) and the Royal Police Commission to take effective action against the increasing number of deaths in police custody. The Government of Malaysia must 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 legislate upon them without delay in order to prevent such human rights abuses.
Sincerely yours,
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
