PUTRAJAYA needs to initiate an inquest to find out the cause of death of a security guard who allegedly died in custody at the Gombak district police headquarters, said Eliminating Deaths and Abuse in Custody Together (EDICT).

They said the inquest was also crucial to finding out the party responsible for causing the death.

“Deaths in custody should not happen. Police must always be sensitive to health conditions and integrity in ensuring that detainees receive humane treatment,” EDICT said in a statement.

Yesterday, The Malaysian Insight reported that Sivabalan Subramaniam, a 43-year-old security guard, was picked up by police from his workplace in Bandar Baru Selayang for investigations into an extortion case. 

Gombak district police chief Arifai Tarawe had said in a statement that Sivabalan was brought to the district police headquarters at 11.40am, after which he complained of breathing difficulties. 

Police called for an ambulance and medical officers tried to revive Sivabalan, who was pronounced dead at 12.30pm.

EDICT said that criticisms, reprimands and warnings have been repeatedly hurled at the government and police to stop the deaths in custody.

“But we see that the government and police are not serious in addressing this problem.” 

They also called for the immediate establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) to investigate complaints about police abuses. 

“IPCMC must be immediately implemented to investigate if there is any misconduct or breach of duty by police personnel while on duty.” 

EDICT also called on the Human Rights Commission of Malaysia (Suhakam) to not interfere in the investigation of this death as the case of death in custody was subject to section 334 of the Penal Code, which was to be investigated by the coroner’s court only. 

“The investigation by Suhakam will not be able to provide justice to both parties between the victim’s family and police and no follow-up action can be taken after the results of the investigation are announced.” 

EDICT also said they are ready to help the family if they need legal assistance to get justice for the victim. 

Police actions have come under public scrutiny after the death in April of 40-year-old A. Ganapathy while in custody. 

He was arrested on February 24 and spent 12 days in lock-up to assist in investigations into his brother’s alleged crimes before being admitted to the Selayang Hospital. 

He died after a month in intensive care.

The lawyer of the family said a post-mortem had confirmed Ganapathy died of injuries inflicted by beatings.

Police had denied this in a press conference, saying there was no evidence the deceased was beaten while in custody. – May 21, 2021.