Death in custody/ Fear of torture or ill-treatment

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Malaysia.

Brief description of the situation

The International Secretariat of OMCT has been informed by SUARAM, a member of OMCT SOS-Torture network, of the death in unclear circumstances of Mr. Goh Yan Peaw, while in police custody in Segamat, on 20 January 2008.

According to the information received, on 9 January 2008, Mr. Goh Yan Peaw was arrested along with his wife and brother by the police at their house in Segamat. They were reportedly held under the Emergency Ordinance for allegedly hiding drugs, bombs, porno tapes and fireworks. Mr. Goh Yan Peaw was reportedly sent to Johor police headquarters for investigation on 10 January 2008. On 16 January 2008, they were all reportedly brought to Magistrate’s court in Segamat, which granted the police a remand order of seven days for Mr. Goh Yan Peaw and his brother. Mr. Goh Yan Peaw’s wife was reportedly released without charges. His brother was later released under bail after the expiration of the remand order on 23 January 2008.

Mr. Goh Yan Peaw was then brought back to the Segamat police lock-up on 19 January 2008 and at about 4:00 a.m., he was reportedly found unconscious in the detention cell. Mr. Goh Yan Peaw later died at the hospital where he was brought. The police reportedly told Mr. Goh Yan Peaw’s family that he had died from a fall in the toilet.

However, according to the same information, Mr. Goh Yan Peaw’s wife, who reportedly last met her husband when they were brought to the Segamat Magistrate’s court for remand application, reported that she had found her husband to be very thin, his face was pale, his lips were in light purple colour and his eyes seemed to have swelled. Moreover, according to Mr. Goh Yan Peaw’s medical certificate dated 1 December 2007 and presented by his mother, Mr. Goh Yan Peaw was in good health.

The International Secretariat of OMCT expresses its deep concerns over the death in custody of Mr. Goh Yan Peaw, in particular with regard to its unclear circumstances. OMCT is also mostly concerned with regard to the reported eleven cases of death in custody in 2007, of which not a single case was reportedly investigated. OMCT calls on the authorities to order a thorough and impartial investigation into the circumstances of the death of Mr. Goh Yan Peaw, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law. Further, as an elected member of the United Nations Human Rights Council, Malaysia should particularly guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Action requested

Please write to the authorities in Malaysia urging them to:

1. Order a thorough and impartial investigation into the circumstances of the death of Mr. Goh Yan Peaw, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
2. Sign, ratify and implement the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) as well as the Optional Protocol to this Convention (OPCAT);
3. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Dato’ Seri Abdullah bin Haji Ahmad Badawi, Prime Minister and Minister of Internal Security Prime Minister’s Office Malaysia, Perdana Putra Building, Federal Government Administrative Centre, 62502 PUTRAJAYA, Selangor, Malaysia., Tel: + 60 3 8888 6000, Fax: + 60 3 8888 3444, Email: ppm@pmo.gov.my
• Tan Sri Musa Hassa, Inspector General of Police, Ibu Pejabat Polis Diraja Malaysia, 50560 Bukit Aman, Kuala Lumpur, Malaysia, Tel: +603 2262 6015 Fax: +603 2272 5613
• Ambassadeur King Bee Hsu, ICC-1er/ H, Pré-Bois 20, P.O. 1834, CH-1215, Geneva 15, Switzerland, Email : mwgeneva@ties.itu.int, Fax: +4122 710 75 01

Please also write to the embassies of Malaysia in your respective country.

Geneva, 5 February 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.