They appeared calm as they aired their findings on investigations into two custodial deaths — involving Pakistani Jamshed Ahmed, and Malaysian Mohd Zaidi Abdul Hamid.
Despite that, the frustration was evident during a press conference by four Human Rights Commission of Malaysia (Suhakam) Commissioners at their headquarters in Jalan Sultan Ismail on Wednesday.
The four — Datuk Mariati Robert, Professor Datuk Noor Aziah Mohd Awal, Dr Chew Chee Ming and Nazira Abdul Rahim — took turns to explain the chronology of events in both cases and the Commission’s findings.
They revealed that Suhakam’s findings in both cases pointed to “clear-cut” negligence by the authorities. They had made calls for inquests and case reviews since last year, yet there has been no update from the Attorney-General’s Chambers (AGC) Home Ministry, Health Ministry, Immigration Department or Prison Department to date.
‘No one knew he was diabetic’
Jamshed, was detained on Jan 6 last year at his home in Bukit Sentosa, Rawang, and taken to the Immigration Detention Centre in Bukit Jalil, Kuala Lumpur. Suhakam’s findings revealed he was denied the right to treatment by the Immigration Department. He died on Jan 15 after not receiving his daily insulin shots.
Despite protocol, no health screening was conducted when Jamshed entered the facility — because it was a Saturday.
The Commission found that medical assistants at the centre were only on duty during working days. No follow-up screening was done on Jan 8 (Monday), and medical staff were unaware of his condition. Jamshed fainted in his cell the following day.
Suhakam’s report noted that Jamshed’s case was only handed to the investigating officer on Jan 8 and his statement was to be recorded on Jan 9. Had the file been handed over on the day of arrest, the investigating officer would have been aware of his medical condition and needs.
Suhakam also found that no police investigating officer was assigned to the case after a report was lodged by the depot officer over his death.
Investigations revealed that male detainees were forced to remove their clothing openly in large groups for physical inspections. Female detainees were told to undress in the toilet, but with doors left open — allowing passers-by, including male officers, to see what was happening.
Mariati said Suhakam submitted its investigation report on Jamshed’s case to the AGC on June 26 last year, recommending an inquest.
“A follow-up letter was sent to the AGC on Sept 10. But there has been no update,” she said.
“We are still waiting for a reply from the AGC as to whether an inquest will be held.”
His wounds were cleaned by inmates, not medical staff
Zaidi, 49, sentenced to death in 2015, had his sentence commuted on Sept 10 last year to 33 years in jail and 12 strokes of the rotan. The whipping was carried out on Sept 25. He was pronounced dead at the Sultanah Bahiyah Hospital in Alor Setar on Oct 7.
Suhakam’s investigation revealed that Zaidi developed severe pus-filled wounds after the caning. His wounds were only cleaned by a fellow inmate, with no medical intervention by staff. A post-mortem showed infection had spread to his inner thighs.
No antibiotics were prescribed, and he — along with others who were caned — was not placed in a sickbay.
Noor Aziah said witnesses revealed that prisoners at Pokok Sena Prison faced difficulties in obtaining medical treatment. The quality of care was poor, with most inmates only receiving paracetamol.
Suhakam recommended an inquest into Zaidi’s death to determine if there were criminal or negligent elements involved.
The Commission also called on the Home and Health Ministries and the Prison Department to review the quality of medical services at Pokok Sena and other detention facilities.
It further urged the abolition of all civil and Syariah laws permitting whipping as punishment.
‘Cruel’ to say the least
Dr Chew, who led the investigations into Zaidi’s case, said the deceased from Kedah had a young family who were deeply affected by his death.
“He had his death sentence commuted to life imprisonment. But in a very short time, his life was taken away,” said Dr Chew.
Dr Chew, a member of the Malaysian Medical Council’s Disciplinary Committee, former president of the Malaysian Medical Association, and past president of the Society of Private Medical Practitioners Sarawak, described the case as “cruel”.
“The wounds were very severe and worsened by infections due to days of neglect, until he collapsed and died.
“When you look at the entire process … he had been neglected.”
Asked if Suhakam felt authorities were turning a blind eye to custodial deaths, Noor Aziah said Suhakam only stepped in if they believed an inquest or further inquiry was necessary.
“If our investigations show there is no negligence, we will state that clearly,” she said.
“We have done all that we could … and this is why we are here today. We hope the authorities will carry out the inquests as soon as possible.”
Noor Aziah, who is also a law professor, said Suhakam would soon issue findings into the alleged custodial deaths at Taiping Prison.
Mariati, who served as State Attorney General for Sabah from 2013 to 2017, said there was an urgent need for the AGC to act.
“I understand there can be barriers because I was once part of the system. But surely, in one of these cases, it has been more than a year and we have not heard from them,” she said.
Nazira, who is also a lawyer, said while the Commission could pursue a judicial review against the authorities, they hoped such action would not be necessary.
“We hope to hear from the authorities, especially the AGC, as soon as possible.”
