Malaysia lawyers urge independent probe into death in custody



: 25 January 2009



Malaysia orders murder probe over death in custody

KUALA LUMPUR: The Malaysian Bar Council called Sunday for an independent investigation into the death of a man in police custody after his relatives stormed a morgue to find evidence he was killed. A. Kugan, an ethnic Indian 22-year-old suspected car thief, died on Tuesday while undergoing police questioning, and Malaysia's attorney general has ordered a murder investigation.
"This is not the first custodial death in recent years and our fear is that it will not be the last," bar council president Ambiga Sreenivasan said in a statement calling for an independent probe. An initial autopsy reportedly found that Kugan died of "fluid in the lungs," but this did not satisfy his family and friends, who on Thursday barricaded themselves into the state morgue to take photographs of his remains. Attorney General Abdul Gani Patail said police had shown him pictures of the body taken by relatives. "We agreed that the incident be classified as murder as there were bruises on the body," he told the New Straits Times daily. “If investigations reveal that he died from being assaulted, then those responsible will be charged with murder.
" Human rights groups say Malaysian police have a reputation for violence against suspects, with one reporting at least seven deaths in police custody last year. Opposition leader Anwar Ibrahim said the government should not allow race to affect the case. Issues of race are very sensitive in Malaysia which saw race riots in 1969. "We must not make this a racial issue. Just because an Indian is involved does not make it any less important" he told reporters Sunday. "As a Malay, I don't think it is wise to defend the crimes and abuses of the government. We must defend the rights of all Malaysians," he added.
Muslim Malays, who make up 60 percent of the country's 2.7 million population, control the government and ethnic Chinese, at 26 percent, dominate business. Indians make up eight percent of the population and run a distant third in terms of wealth, opportunities and education. In November 2007, Indian rights group Hindraf organised a major anti-discrimination rally which saw 30,000 people take to the streets with five leaders of the group held under a tough security law shortly after. - AFP/yb