Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group
2. ISSUES ARISING FROM COMPLAINTS
(a) Deaths in Police Custody
The number of custodial deaths has been increasing, with 19 cases reported over the year alone.
The Commission itself received seven complaints. Concerned parties have renewed their call
for the establishment of the Independent Police Complaints and Misconduct Commission.
In an immediate response, the police force announced the setting up of a committee to review
the standard operating procedure pertaining to investigations and treatment of suspects while
in detention. The police said they would work closely with the Ministry of Health.
On its part in dealing with custodial deaths, the Cabinet approved the establishment of
a permanent coroner’s court and a centralised lock-up in every state. Following this, the
Commission organised two Roundtable Discussions on the issue.
(see Report on page 66)
(b) Arrest and Detention
Among the complaints directed to the Commission’s attention were those alleging
disproportionate use of force by the police during arrest and investigations; failure to state the
grounds of arrest; barring of family visits during detention; and inaction on police reports lodged
(Table 2).
Table 2: Complaints Against Police, 2013
COMPLAINTS
NUMBER/LOCATION
KUALA
LUMPUR
SABAH
SARAWAK
Disproportionate use of force during arrest and
investigations
14
1
0
Abuse of power
13
1
0
Inaction on reports
14
4
1
TOTAL
41
6
1
The Commission also received a complaint on alleged bias and use of force by the police in
assisting the court bailiff in executing a court order to demolish houses in Kampung Hakka
in Mantin, Negeri Sembilan. According to the visual images submitted to the Commission,
the police appeared to have used unreasonable force, thereby causing injury to villagers and
activists. Notwithstanding the authority under which it was acting, the police should have acted
in a more professional manner in safeguarding peace as well as during the process of arrest.
During the Commission’s visit to the Mantin district police headquarters after the arrest, it
observed that the police also acted harshly against those arrested; that they delayed the process
of recording statements; and denied the persons arrested access to lawyers.
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