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Published: Wednesday November 18, 2009 MYT 4:40:00 PM

Concrete action needed on custodial deaths of migrants


PETALING JAYA: The authorities should conduct a thorough investigation to identify the underlying causes behind the large number of deaths of migrants while under custody, said the Bar Council.

Its Law Reform and Special Areas Committe chairman Datuk M. Ramachelvam said brushing off the deaths as being due to illnesses such as asthma or suicide was unacceptable.

“When individuals are placed in custody and denied their freedom of movement, the detaining authority is responsible for their well-being and care,” he said in a statement Wednesday, adding that it was a responsibility that should be taken very seriously by the detaining parties.

In July 2009, the Dewan Rakyat was told that some 2,029 persons had died in custody between 2002 and 2009.

Ramachelvam said that in the event of a death, the questions that should be asked include whether the death could have been avoided and whether there was negligence involved in fulfilling their duty of care.

The Bar Council also urged the authorities to regularly monitor the health of all those in custody, especially those held in immigration detention centres, besides giving serious attention to health-related complaints made by detainees.

Disciplinary action, he said, should also be taken against staff who fail to prevent a death from occurring.

“Inquests should also be conducted each and every time there is a death in custody; lawyers and family members should also be given greater access to detainees and detention centres,” said Ramachelvam.

Ramachelvam suggested that a “board of visitors” be set up as a concrete step to reduce instances of neglect and to improve conditions in detention centres.

The establishment of such a board, which would have the power to conduct unannounced visits, would demand greater accountability from the system, he said.

“It will compel the detaining authorities to upgrade their facilities, become more transparent in their operations and be more vigilant regarding the happenings within the detention centres,” he said.

“The yardstick to measure how civilised we are as a nation is through the treatment we accord those who are most defenseless and vulnerable among us,” he added.

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