MALAYS account for more than 50% of the custodial deaths in Malaysian prisons or lockups, government data show, debunking the popular misconception that Indians make up the majority of victims. 

Eliminating Deaths and Abuse in Custody Together (EDICT) executive director Khalid Ismath said this was because there is usually lack of “noise” from the Malay families over the incidents.

He also said that unlike deaths in custody that involved Indians, the cases involving Malays were often unreported because the family chose not to highlight the matter due to shame.

“The majority (of deaths in custody) involve the Malays.  It does not get highlighted usually because of the family. It is difficult to convince them to fight against the government, especially those in the kampung,” he told The Malaysian Insight.

“The spirit of feudalism is strong in the rural areas. Oftentimes, they feel like their family deserve the punishment.”

EDICT even tried to bring in former judges and religious leaders to convince Malay families in Kelantan to take action against custodial deaths but to no avail, he said.

“For example there was a case in Kelantan. The guy was a drug addict and he died in prison but the wife didn’t want any media attention.

“In the end she received some compensation from the Prisons Department.”

From 2013 to 2017, Home Ministry data showed that there were 1,293 custodial deaths in prisons.

Malays accounted for 720 of them (55.7%) followed by Chinese (215, 16.6%), Indians (178, 13.8%), foreigners (157, 12.1%) and others at (23, 1.8%).

Meanwhile, from 2008 to 2018 there were 132 custodial deaths in lockups – Malays (53, 37.9%), Indians (34, 24.3%), Chinese (28, 20%), foreigners (22, 15.7%) and others (3, 2.1%).

From January to date, there have been 19 deaths in custody, of which seven each were Malays and foreigners, four were Indians while one is unknown.

The most recent death in custody case involving a Malaysian is that of lorry driver Vinaiyagar K Thinpathy.

Vinaiyagar’s wife, Navaneetham Nagappan alleged that the body of her husband had bruises after he died at Kuala Langat police headquarters following his arrest on September 8.

The father of five died on September 13 and a post-mortem showed the cause of death was due to a burst ulcer in his stomach.

Navaneetham however insisted that her husband had no prior illness before his arrest. She also alleged that another detainee had heard Vinaiyagar screaming for help.

“We already contacted the family’s spokesperson and informed them that they will provide free legal aid but there are no instructions yet,” Khalid said.

‘Deal with their own kind’

Selangor Criminal Investigation Department chief Nik Ezanee Mohd Faisal recently said an inquiry would be conducted into the death.

Khalid said typically the officers involved in the beatings were of the same race as the victims. 

“It’s like a tradition among them to deal with their own kind. The Malay officers will beat up the Malay detainees, the Indian officers will beat up the Indian detainees and the same for the Chinese,” Khalid said, adding that this was based on his own observations from having spent time behind bars.

Despite there being CCTV cameras in the lockups, deaths in custody continue as beatings take place beyond the scope of the cameras, he said

EDICT is urging Prime Minister Ismail Sabri Yaakob to reinstate the Independent Police Complaints of Misconduct Commission (IPCMC) bill, which the Perikatan Nasional government had withdrawn.

It called on the government to withdraw the watered-down Independent Police Complaints Commission, which replaced the bill.

EDICT also wants the government to table the Coroners Act to set up a proper coroner’s court to handle such cases.

At present, magistrates double up as coroners.

“Right now, it is difficult to bring a case at the coroner’s court as they are so bogged down with cases. Even when we bring a case, it will take two years before it is heard,” Khalid said.

While the government already has a draft of the bill, Khalid said the group has not been called in for the consultation process.

The Attorney-General’s Chambers should also be revamped to take death in custody cases seriously, Khalid said.

“Even in instances where the coroner instructed the AGC to prosecute the culprits, nothing was done.

“The AGC is very weak and not doing its job well, that’s why so many cases are still happening.

“When the AGC doesn’t prosecute these officers, they are emboldened in their actions.” – September 17, 2021.