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MALAYSIA: Death in police custody, investigation hampered

August 13, 2002

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
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14 August 2002
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UA-36-2002: Mass arrest operation against gangsters; Alleged mistreatment and torture of detainees
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MALAYSIA: Death in police custody, investigation hampered
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- Name of the victim: Mr. S. Tharma Rajen, 20, a waiter from Kuala Lumpur
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- Date of death: 21 June 2002
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- Place of death: Putrajaya hospital, following transfer from Putrajaya lockup on 9 June 2002
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- Official cause of death: pneumonia; independent post-mortem later said tuberculosis
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- In custody from: 3 April 2002
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CASE DETAILS
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Mr. S. Tharma Rajen, a previously healthy young man, died mysteriously in police custody on 21 June, and investigations into the death have thus far been hampered. The cause of death listed on the death certificate based on the official post-mortem was pneumonia. An independent post-mortem by the University Malaya Medical Centre later said he had died from tuberculosis. However, this second report also said that there were signs of malnourishment after Tharma Rajen¡¯s months in police custody.
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Members of his family suggested also the possibility of police torture. According to reports in Malaysiakini, Asokan, brother of Tharma Rajen, visited the hospital morgue with the family's lawyer to identify the body. He told reporters, &quot;His lips were cut and there were blood stains on the sides of his mouth. There was also a cut measuring two inches just above his anus.&quot; Asokan also said that at an earlier meeting with him, Tharma Rajen had told him that the police had beaten him on his legs and the soles of his feet.
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Tharma Rajen was arrested as part of a massive operation against gangsters called Operation Copperhead. Unfortunately, sources say, in the process of arresting known wanted men, police have arrested other young Indian men who fit the general profile. Many of those arrested are poor and not well educated and have little or no access to legal assistance. Some arrested in this operation, including Tharma Rajen, have been detained under provisions in Malaysia's Internal Security Act or Emergency Ordinance that allow an initial detention by the police for 60 days without charge, which the Minister can later extend.
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There have also been other recent deaths in police custody. There have been other allegations of mistreatment and torture of detainees. Many detainees have been held for long periods without contact with family members, medical personnel, or lawyers.
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SUHAKAM, Malaysia's National Human Rights Commission, has now launched an investigation into Tharma Rajen¡¯s death. It was apparently able to get a copy of the post-mortem report only in early August. Tharma Rajen¡¯s family had been trying to get the official post-mortem report for over a month.
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The Asian Human Rights Commission (AHRC) wants to point to the need for accountability and a transparent investigation on this matter. The signs of possible police abuse are disturbing. Even if Tharma Rajen died of pneumonia or tuberculosis, there still needs to be an explanation as to why he did not receive medical care early enough and as to whether other detainees have been properly screened for contagious diseases. On international human rights standards, persons in detention have the right to be treated humanely, and the corollary right to appropriate medical treatment. The AHRC is concerned about the apparent denial of these rights to Tharma Rajen.
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SUGGESTED ACTION
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Please write to Malaysia's Inspector-General of Police, Minister of Home Affairs, and Human Rights Commission to call for accountability and transparent investigations into the death in custody of Tharma Rajen and others who have died in Malaysian police custody.
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SAMPLE LETTER
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Dear
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Re: The death in custody of Mr. Tharma Rajen
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I write to express my extreme concern about the death in Malaysian police custody of Mr. Tharma Rajen on 21 June and the difficulties there have been with investigations into this death.
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The death of this previously healthy young man was in mysterious circumstances. The two post-mortems did not reach the same conclusion. There were also indications that the police had mistreated Mr. Tharma Rajen. In any case, the police did not get him medical treatment soon enough to save his life.
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International human rights standards require the humane treatment of persons in custody, including the provision of appropriate medical treatment. In the circumstances, there needs to be accountability and a transparent investigation. I understand the Human Rights Commission is now investigating, though it had difficulties getting access to the post-mortem report. I hope the police will also investigate fully and that the investigations will be open and confront all the issues.
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I urge you to do all you can to support accountability for whatever has happened and to ensure openness in the investigations into the deaths of Mr. Tharma Rajen and others who have died in police custody.
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Thank you for your attention.
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PLEASE SEND A LETTER BY FAX OR E-MAIL TO:
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Tan Sri Norian Mai
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The Inspector General of Police
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Bukit Aman
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50560 Kuala Lumpur
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MALAYSIA
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Tel: 603 2273 1326
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Fax: 603 2272 2710
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Datuk Seri Abdullah Ahmad Badawi
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Minister of Home Affairs
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Pusat Pentadbiran Kerajann Persekutuan
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65202 Putrajaya
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MALAYSIA
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Tel: 603 8888 1952
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Fax: 603 8886 8014
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Tan Sri Abu Talib Othman
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Chairperson of the Human Rights Commission of Malaysia
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Tingkat 29, Menara Tun Razak
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Jalan Raja Laut
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50350 Kuala Lumpur
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MALAYSIA
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Tel: 603 2612 5600
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Fax: 603 2612 5620
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Email: humanrights@suhakam.org.my
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Document Type :
Urgent Appeal Case
Document ID :
UA-36-2002
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.