A. Kugan’s death warrants the codification of the police’s investigation powers

Malaysia needs an act that will ensure the police respect the basic principles of human rights in line with United Nations Code of Conduct for Law Enforcement Officials, article 2

Press Statement by Dato’ Chang Ko Youn
Gerakan Deputy President and Chairman of the Legal and Human Right Bureau

1.    The recent death of A. Kugan at the hands of the police warrants the codification of the police’s investigation powers and it is important for us to seriously evaluate the enactment of a piece of legislation that will codify the current laws on investigation of crimes and the detention of suspects.

2.    Our current law that governs investigation and detention by the police is a variety of acts and the criminal penal code. However, the current protection for suspects is inadequate resulting in a considerable number of suspects losing their lives while under detention.

3.    We need a piece of legislation similar Police and Criminal Evidence Act 1984 in the United Kingdom which codifies how the police must treat suspects from the time they are detained right up to when they are charged in court. It also covers how police take samples from suspects, identification procedures and specialised codes of practice governing the conduct of the police.

4.    Malaysia needs an act that will ensure the police respect the basic principles of human rights in line with United Nations Code of Conduct for Law Enforcement Officials, article 2 of which provides: “In the performance of their duty, law enforcement officials shall respect and protect human dignity and uphold the human rights of all persons.”

5.    Also, despite the legal requirement that all lock-ups be equipped with CCTVs’, no serious action has been taken on this matter.

6.    Kugan’s death and the many other custodial deaths must be our call to action and it is a momentous opportunity for the BN Government to project its seriousness on defending the rights of all Malaysians.

7.    For too long we have given very wide powers to our enforcement officials resulting in abuse and mismanagement of the power. This does not reflect well on the Government as a whole and we risk the people’s support if we remain inert on this important issue.

8.    We must also ensure that the Special Complaints Commission functions effectively and with real bite if it is approved by Parliament. It is an aberration for the police to be investigating their own alleged misdeeds and that is why I call for the speedy enactment of the Act governing the SCC.