Lawyers are urging the police to conduct thorough investigations and follow stricter protocols before making arrests, warning that premature and extended detentions increase the risk of custodial deaths and ultimately burden taxpayers.
Lawyer Salim Bashir said investigations form the framework of the criminal justice system and are designed to enable the police to collect sufficient evidence for the prosecution to build its case.
“Scientific tools like DNA examinations, digital forensic technologies, modern surveillance systems and human skills could be relied upon during investigations before the need to arrest arises,” he said.
Salim, a former Malaysian Bar president, said the proper use of these tools at the investigation stage could reduce the need to detain suspects for prolonged periods.
“Under the law, police can hold a suspect with reasonable grounds for up to 24 hours before seeking a court remand order authorising a longer period of detention,” he told FMT.
Salim urged the police to ensure compliance with the requirements set out in the Criminal Procedure Code and the Police Act 1967 by ensuring they have reasonable grounds to apprehend a suspect.
He said they should also consider the seriousness of an offence, the need to preserve the fruits of the crime, and the health status of the suspect before deciding whether to arrest a suspect.
In many cases — including those involving assault, negligent driving, cyber and white collar crimes — arrests may not even be necessary, he said.
Salim was commenting on media reports that a 48-year-old man had died in police custody in Seremban last month following his detention over a motorcycle theft.
Negeri Sembilan police chief Alzafny Ahmad said the detainee was found unconscious at about 6.30pm on Aug 30 and pronounced dead by a medical team.
He said a post-mortem revealed the detainee had not suffered any internal or external injuries, adding that the police were awaiting a full report to determine the cause of death.
Lawyer and activist M Visvanathan said law enforcement agencies — particularly the police — could be held liable for negligence if detainees die in custody due to illness, suicide, or following an assault.
“Police are deemed to have full control of detainees in custody. They have a legal duty to ensure detainees are protected from self-inflicted harm and threats posed by third parties — whether officers on duty or fellow inmates,” he said.
Visvanathan, chairman of human rights watchdog, Eliminating Deaths and Abuse in Custody Together (Edict), said lock-up regulations require that detainees undergo a medical assessment prior to being remanded.
“Unnecessarily detaining suspects could lead to a greater risk of untoward incidents,” said the lawyer.
Visvanathan also highlighted a double standard in enforcement, noting that politicians and influential figures are often investigated for alleged crimes without being remanded.
He said deaths in custody were a burden to taxpayers, since the government is likely to be held vicariously liable for the wrongdoing, negligence or inaction on the part of the police.
“Millions of ringgit are being paid in the form of damages to the next of kin of victims.”
“Quite often, a sum of between RM300,000 and RM500,000 is awarded by the courts, depending on the victim’s station in life. On top of that, the compensation is to be paid with interest at 5% per annum,” he said.
Lawyer S Karthigesan said the payment of such damages was a “leakage of public funds”.
The Negri Sembilan Bar committee chairman said the courts no longer tolerate the cavalier conduct of law by enforcement agency personnel.
“The public is well aware of their human rights and our courts will not hesitate to provide the appropriate remedy if the civil action is proven,” he said.
