𝐀𝐧𝐨𝐭𝐡𝐞𝐫 𝐝𝐞𝐚𝐭𝐡 𝐢𝐧 𝐜𝐮𝐬𝐭𝐨𝐝𝐲 𝐢𝐧 𝐉𝐢𝐧𝐣𝐚𝐧𝐠 𝐥𝐨𝐜𝐤𝐮𝐩
Media Statement by Eliminating Deaths and Abuse in Custody (EDICT)
1. EDICT has learned that Mr Dhan Bahdur, 26 years, a citizen of the Federal Democratic Republic of Nepal, died in Jinjang lockup on 31 May 2020.
2. According to sources, Mr Bahdur was ordered to be remanded from 27 May to 10 June 2020. This means he died five days after he was remanded.
3. According to sources, Mr Bahdur was “recorded dead at 8:20 am” by a paramedic from Selayang Hospital.
4. EDICT reminds the police, the public and the government that under the Police Act, the police are responsible for the wellbeing of all detainees.
5. The Criminal Procedure Code (CPC), section 334, requires that a magistrate/coroner be immediately notified of any death in custody.
6. There are numerous deaths in custody in Malaysia. Therefore, it is vital that coroners view the body of a deceased person in-situ before it is moved, as provided for in section 330 of the CPC.
7. That is especially so since much evidence of misconduct by custodians and by investigation officers has emerged in many inquests conducted before coroner’s and in investigations conducted by bodies such as the Human Rights Commission of Malaysia (Suhakam) and the Enforcement Agency Integrity Commission (EAIC).
8. Yet, it appears that Mr Bahdur’s body was not viewed in-situ by the KL Coroner. The failure to view in-situ has been alleged to be due to concerns over the spread of COVID-19 – we are not able to confirm this.
9. EDICT calls upon Kuala Lumpur Police Chief Datuk Seri Mazlan Lazim to reveal details of the case to the public.
10. EDICT calls upon the Chief Registrar of the Federal Court of Malaysia, Tuan Ahmad Terrirudin bin Mohd Salleh to advise whether it is true that the CPC was not complied with in respect of the coroner viewing Mr Bahdur’s body in-situ.