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The Bar Council refers to the report in The Star, 15 November 2002 concerning the deaths of 19 people while in police custody this year, and also to the recent death of R Sundaraju on 18 November 2002 following an alleged beating by other detainees in the police lock-up.

Such reports are cause for grave concern as they call into question the integrity of the police force in respect of the treatment of detainees and in the administration of police lock-ups. In addition, the reports could generate fear in the public of the police that would be unhelpful for necessary cooperative efforts in investigating and preventing crime.

The problems that led to the deaths of so many persons in police custody this year alone must be addressed immediately. The deaths could be attributed to various causes ranging from a lack of hygiene and basic amenities to violence among inmates and police brutality against detainees. Proper administration and surveillance of detainees
in lock-ups should also be looked into.

Irrespective of the crimes allegedly committed by suspects, the police must carefully ensure that their duties are carried out in accordance with the relevant legal provisions and respecting the fundamental rights of those in their custody. Essentially, the criminal justice process itself must be free from any injustice and illegality inasmuch as its
very mandate is to bring criminals to justice. In view of public interest concerns, each death of a suspect while in police custody must be thoroughly explained and the investigative process kept visibly transparent.

In this regard, the Bar Council commends the Inspector-General of Police Tan Sri Norian Mai for expeditiously investigating the matter involving Sundaraju and making public the findings and the action to be taken. The introduction of close circuit cameras at all police lock-ups in the country by the end of this year to enable police to monitor detainees on a 24-hour basis will be a step forward.

In respect of the deaths of other detainees, the Bar Council continues to urge the Public Prosecutor to, if warranted by the evidence, take firm action to charge those responsible for any unlawful deaths or abuse of those in police custody. In the event there are no prosecutions, the Public Prosecutor should call for an inquest to be held by a Magistrate where the cause of death can be judicially ascertained.