Thursday, January 6, 2011

malaysiakini: Suaram demands Coroner's Act

Suaram demands Coroner's Act
Jan 6, 11 3:45pm

Suaram wants a royal commission to investigate the death of Teoh Beng Hock and other deaths in custody, as well as to address "gaps in the current law enforcement system".

The human rights NGO expressed disappointment over Coroner Azmil Muntapha Abas' open verdict yesterday on the death of the DAP aide.

NONE"The verdict... failed to determine the cause of death of Teoh Beng Hock (left) and bring those responsible to justice for the death of Teoh. Suaram remains concerned over the process of inquests into deaths in custody.

"Suaram calls for a royal commission to investigate all other cases of death in custody, including the recent death of Teoh Beng Hock, and to address gaps in the current law enforcement system with the view of providing critical reform and change in our system, especially in ensuring human rights values in law enforcement initiatives and investigations."

The NGO attacked the credibility and independence of the inquest, and is pressing for the establishment of a Coroners Act as well as a Coroner's Court as recommended by the parliamentary select committee on the Penal Code and Criminal Procedure Code in 2006.

"It has become critical for the government to implement the Coroners Act to provide an accountability mechanism to ensure human rights compliance by law enforcement agencies," the NGO said.

It also wants the Enforcement Agencies Integrity Commission Act (EAIC) to be implemented without further delay.

The EAIC bill was tabled in Parliament in 2009 and passed, but it has yet to be enforced to date, said Suaram.

Yesterday, in the closing chapter of the inquest that began on July 29, 2009, the coroner had ruled out both suicide and homicide and settled for an open verdict.

On July 16 last year Teoh had been called in to assist in investigations against his boss, Selangor state exco member Ean Yong Hian Wah, regarding allegations of misappropriation of funds.

He was questioned overnight at the MACC headquarters at Plaza Masalam in Shah Alam, and was found dead on the fifth floor landing of the building the next afternoon.

'MACC accountable'
Meanwhile, the Bar Council in a press statement today also supported the call for a Royal Commission.

NONEBar Council president Ragunath Kesavan (right) said such indecisive findings cast grave doubts on the effectiveness of the inquest mechanism and rendered the whole process meaningless.

"The coroner failed to consider a vital aspect of the matter: Teoh was under the custody of the Malaysian Anti-Corruption Commission (MACC) when he died, which invariably places the burden on the MACC to account for his death.

"In addition, the coroner ought to have reprimanded the conduct of the investigating officer in respect of the introduction of the handwritten note midway through the inquest, and ordered further investigation into his conduct."

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