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How Many Deaths Does it Take?

By Farish A. Noor

Commenting on the loss of credibility and legitimacy of the Burmese state security forces in the eyes of the Burmese people and the international community, the Burmese activist leader Aung San Su Kyi once said: “All they have left are their guns”.

Indeed, if the possession of a badge is the only thing that differentiates a law enforcement officer from the ordinary public or the criminal fraternity, then it can be said that the line between law enforcement and the absence of law and order is a fine one. It has become a truism worldwide that once that line is fatefully and fatally crossed, it would be next to impossible to redeem the reputation and standing of any law enforcement agency again. This was the case of the police in South Africa during the days of Apartheid, whose job it was not to protect all South African citizens but rather to prop up the Apartheid regime at the cost of the freedom of others. The same applies to the stained reputation of the security forces of many other developing countries, from Zimbabwe to Pakistan to Sri Lanka to the Philippines, whose job it seems is to protect the ruling parties and the political elite rather than to provide for the safety of the population at large.

Today Malaysia seems to be heading down the same path as more and more revelations of misdemeanours among the state security forces come to light. The most recent case being that of Kugan Ananthan, a 22-year old who was arrested by the Malaysian police on suspicion of being part of a luxury car-theft racket. Kugan was later found dead at the Subang Jaya police station, and the initial explanation for his death was ‘water in the lungs’.

However the relatives of Kugan were able to get photographs of the young man’s body that showed signs of physical abuse and fresh wounds. Once again the Malaysian police is in the limelight for the wrong reasons, and several police officers have been called to an enquiry.

What is deeply troubling about the death of Kugan is the fact that there seems to be a pattern of young Malaysian men of Indian descent dying under police custody for some years now. Among the other notorious cases that have made the headlines are that of B Prabakar, who reported that he was not only beaten and kicked by policemen but also had boiling water thrown upon his body. Then there is the case of Sanjeev Kumar who alleged that he was not only forced to drink urine but was also sodomised with a broom. Deaths in custody have now become a regular occurrence, and other Malaysians of Indian ancestry like K. Letchumanan and Uthaya Chandran were found dead in their cells.

Coming at a time when race relations are at a low point in the country, the death of Kugan in police custody has presented the administration of Prime Minister Badawi with another problem. With less than two months at the helm to go before his declared date of retirement, Prime Minister Badawi’s action over the Kugan case may well determine his fate and how he will be judged in the months and years to come.

But the Malaysian government’s official position thus far has been to maintain that order must be maintained and that there should be no outpouring of support for Kugan. The Minister for Home Affairs, Syed Hamid Albar has taken the line that Malaysians ‘should not regard criminals as heroes or the police as demons’. Though in this case the controversy lies not in the arrest of Kugan, but what was done to him and the circumstances of his death.

For politicians on the opposition benches, the case of Kugan’s death under police custody marks yet another dip in the reputation of the Malaysian government and its capacity to maintain law and order. For Parliamentarian Sivarasa Rahsia of the People’s Justice party (PKR), ‘Kugan’s shocking death by torture has unleashed an unprecedented level of outrage’ among the Malaysian public, notably the Malaysian Indian community. Dr. Dzulkefly Ahmad of the Malaysian Islamic party (PAS) noted that ‘this must be the last case of police brutality and death in custody. Our civilised society can no longer stomach this.’ The final judgement, however, will fall on the performance of the Badawi administration during its last weeks in power according to Lim Kit Siang of the Democratic Action party (DAP), for ‘Kugan’s death marks the abysmal and final failure of Abdullah (Badawi’s) reform programme – standing out as a tragic symbol of the pathetic end of his pledge for police and institutional reform’.

Just how the Badawi administration will handle the outpouring of grief, anger and frustration from the Malaysian public – and the Malaysian Indian minority community in particular – remains to be seen, but for the moment it can be concluded that the death of Kugan in police custody has once again driven a wedge among the communities in Malaysia and has emphasised the marginalised position and status of the Malaysian Indian minority especially.

With a weakened Badawi about the exit the stage of politics for good and hid deputy Najib Razak poised to take over control of a ruling UMNO party in disarray in March, the ship of the Malaysian state is in chopping waters for certain. Coupled with the global economic downturn that will also contribute to further demands from the Malaysian public for state assistance and protection, whoever runs Malaysia will have to cater to a myriad of needs; all of which are equally urgent and all of which need to be satisfied now.

But one thing is certain at this juncture at least: Whatever the state of the Malaysian economy and government may be in the months to come, the state-apparatus will only work if it has credibility in the eyes of the Malaysian public. At the moment the institution of the Malaysian police force has lost credibility and standing among a significant section of the Malaysian people, and unless there emerges the political will to deal with the record of abuses in the police seriously and openly, this credibility is not about to be recovered soon. By then, as Aung San Suu Kyi once said, ‘all they will have left are their guns’.

33 Replies to “How Many Deaths Does it Take?”

  1. How many deaths must the nation endure,
    before the PM takes heed?
    How many deaths will continue to occur,
    before the PM is roused from his sleep?
    The answer my friend, is blowing in the wind.
    The answer is blowing in the wind.

  2. Not only was the Home Minister’s statement unministerial, there was no words of symphathy for the family of Kugan, the deceased. He has certainly done major damage to his reelection chances.

    No matter how highly suspicious a suspect is, it cannot be justified by beating him to death (of course yet to be proven against the police). After all, he was arrested for car theft which if found guilty does not carry a death penalty. The police should provide all the evidence and let the courts try and convict him, not beat the sh!t out of him for a confession. That’s his basic right as a citizen of Malaysia.

    We are not making a hero of Kugan. It seems that the Home Minister himself, with latest statement, has made Kugan into a permanent fixture in our nation’s history. Syed Hamis has done it again. When you think he cannot make any statement “better” than the last…he has proven himself capable time and again. All he will have left is his mouth!

  3. The oppositions and hopefully all M’sians should really stand up to condemn the HEADS in the govt of this act of beastiality likened to the senseless killings of the innocents in Gaza. A person would not die out of nothing. There must be reasons behind his death. Let us all forget about Ahmad Badawi. He is a TOTAL FAILURE of our beloved country. Years had been wasted. Let us not throw away the precious time of nation-building towards better future for our next generations.

  5. ///What is deeply troubling about the death of Kugan is the fact that there seems to be a pattern of young Malaysian men of Indian descent dying under police custody for some years now. Among the other notorious cases that have made the headlines are that of B Prabakar, who reported that he was not only beaten and kicked by policemen but also had boiling water thrown upon his body. Then there is the case of Sanjeev Kumar who alleged that he was not only forced to drink urine but was also sodomised with a broom. Deaths in custody have now become a regular occurrence, and other Malaysians of Indian ancestry like K. Letchumanan and Uthaya Chandran were found dead in their cells.///– Farish a. Noor

    The listing given by Farish of extra-judicial deaths at police custody must have exceeded the number of death, if any in the military prison at Guantanamo Bay. Those who died in police custody could not have been suspected of committing offences any where near what the detainees in the G-prison had been suspected of perpetrating. There has been no outcry from the rest of the world to close our police stations, like they call for the closure of the prison at Guantanamo Bay. Did the Malaysian government join others in the world to condemn that prison, beyond accepting two inmates said to be from Malaysia. If the Malaysian did consider it right to condemn torture perpetrated at the G-prison, why had they not realised that its own police department had been conducting inhuman activities against its own nationals.

    When the G-prison is closed, world attention might turn to Malaysian police stations. Malaysia might have to face economic sanctions to stop police excesses. But judging from the fact that PM AAB preferred pacifying police to setting up IPCMC, the country would have to get ready to endure economic sanctions. Maybe the country is too insignificant that the outside world did not bother about what happen in the country, and thus sanctions might not be forthcoming.

    We might soon hear Syed Hamid, the Home Minister tell the people not to spread rumour about death at police custody. He might even claim that the suspects were killed to prevent them suffering further torture.

  6. Yet again the Home Minister through his ‘shooting from the hip’ statements is trying to cause distraction instead of launching a full investigation. If, later miscarriage of justice and unlawful killing is proven to have taken place, it is hoped that he will do the honourable thing by taking ministerial responsibilty and resign.

  8. Whilst public may perceive (from Altantuya Shaariibuu’s case and the allegations of Halimi Kamaruzzaman) that our security services protect certain people with power/ influence, we’re however not, as Farish said, exactly “heading down the same path” as Burma, South Africa or Zimbabwe – at least presently not that far yet – in which security forces are appendages to political elites to terrorise their populations or specific communities for the political objective to suppress dissent.

    Our experience with police brutality/torture sometimes resulting in deaths like that of A Kugan (when things go awry) is (probably) of an ordinary variety as prevailing worldwide as part of police
    investigative culture. It is principally a convenient way to extract useful information helpful to police investigative work and often to procure a confession helpful to secure a court conviction of the guilty.

    The trouble is that it is also helpful in other times to implicate the innocent; and, at all times, to violate civil liberties, derogate/degrade human rights and break the very laws that law enforcement agencies are supposed, by example, to maintain and enforce.

    The above notwithstanding, the issue is not that straight-forward.
    Philosophers/academicians are divided in ethical debate. Those who subscribe to (Jeremy Bentham/his son, John Stuart Mill)‘s utilitarian viewpoint will argue that when the overall outcome of lives and property saved from criminal activities due to torture/abuse by police are positive, we can all turn a blind eye to such torture/abuse as if it is isolated incidence. (Here the balance of costs and benefit of police brutality is held as the primary factor in determining its merit or morality, and all torture is justified if what is at stake is to find out where in Petronas Twin Tower’s
    vicinity, a home made nuclear bomb is suspected of being concealed!)

    The contrary ‘deontological’ view (‘deontological’ derived from Greek word “deon” or duty) argues that values, especially pertaining to basic human rights/ dignity are absolute and are to be respected regardless of outcome – and that in any event, torture, even from utilitarian cost and benefit analysis, is barbaric and will degrade both victim and perpetrator, and doubly unjustifiable if perpetrated by law enforcement officers, who would then be no better than gangsters, thus breeding public contempt in respect to Rule of Law and its enforcement.

    For ordinary persons like most of us, being a suspect of car theft is not planting a nuclear device in KL Twin Towers; our sense of justice is further outraged – superseded by a sense of selective justice – when murder most foul committed on Altantuya Shaariibuu does not seem to motivate an equivalent zeal on law enforcement part to extract information leading to the directing will behind the crime! We will like to see safeguards/redress against such blatant and manifest abuse of power that has since become, according to public perception, a standard operational / investigative police procedure!

    A Kugan’s death has become political/racial issue because some of the recent cases of custodial torture/deaths involve Malaysian Indians. They are perceived to have been profiled by authorities as more prone to crimes. Even if police statistics were cited in support of such profiling, police brutality exacerbates the community’s sense of alienation when it is viewed attributable to socio–economic factors (such as rural-urban drift) and general neglect/marginalisation of the community, as argued by HINDRAF.

    Of course, the Home Minister’s statement, “Malaysians, like people all over the world, do not regard criminals as heroes and the police as demons” does not help but cause even more indignation.

  9. The 9 policemen will be charged for “causing hurt”. Just like the murderers of Altantuya, the guilty parties will get away scot free in Kugan’s case too. Nothing surprising when the judiciary and police in the country are rotten to the core, being controlled by UMNO

  10. Are their conscience pricking them? Are they feeling remorse?
    The answer is a Big Capital, NO!
    Going by the recent statement from Syed Albar Hamid, one can only feel sorry for him. An incompetent man, a lawyer and made Home Minister, who behaves like a ‘Blue A#s Fly’ flying directionless…..doing things all for the wrong reasons.
    Do we expect an efficiency and disciplined police force, again, the answer is NO!
    A laughable Royal Malaysian Police that fear going to black spots like Chow Kit area but, quite happy to round up cyclists , ‘candle holders’ and innocent ISA detainees….this is a Agong’s police, an insult to His Majesty!

  11. Saying that cause of death as”water in the Lung” is like saying that someone die because there is a hole in his head… do they think that we are idiots…
    i wonder is this incompetence or malicious intent on part of police, and other involved government depart esp ministery of health(MOH).

    My guess is it started as the former, the police instead of investigating in the case, tried to beat the confession out of the guy and someone just went too far… then the rest is a cover up…

    the late Mr Kugan, was no hero with checked pass but he did not deserve this, even murderers can be given a life sentence and spared his life, he “allegedly” stole a car..

  12. Today Kugan, tomorrow Opposition supporters and political activists. We are already being monitored, and the very organs which protect us will work against us at the whim and fancy of UMNO.

  13. At any gathering, just mention about the police and I can assure you 100% of the people there will mock at the police as if they are lepers.
    Their image and credibility on a grade of 1 to 10 is 100.
    Police = corrupted, inefficient, immoral, violent, proud and idiotic.

  14. Kugan is not a hero, his death is murder
    Badawi, Najib, Hamid, police, they are in this together
    Kugan, is not only an Indian, he is a Malaysian, please remember that
    Badawi, Najib, Hamid and police, how can you kill someone like that
    How can you hope to cover-up? It is time to give up.
    God help Malaysia.

  16. George W. Bush — the worst President of the USA ever
    (He allowed his Vice-President to run wild)

    Abdullah Ahmad Badawi ?
    (He is allowing close relatives, Ministers and certain categories of civil servants to run wild. But it is not to late to stop this so that he will not end up as a figure of ignominy in Malaysian history books!)

    Phua Kai Lit

  17. Yes, Kugan may be a criminal but to kill him thus denying him the rights to defend himself through the due process of the law is worst then a criminal. Those are beasts. Beasts who roam our society with a bagde to inflict injuries and deaths. These beasts have the license to maim and kill at their whims and fancies. Kugan may be a criminal but what about the grand saga folks who are just protesting the tolls. They are beaten up like animals and the beasts still roam the streets. The Police must be revamped.
    The Home Minister who don’t even know the basic law of innocent until proven must resign. Such incompetencies is ruining our country. If we allow such we are heading towards Zimbabwe.

  19. The big fish , drug kingpins, (a booty lost in transit at the JB police station and the fall guy , a simple police constable raises pertinent questions )
    Suddenly a 22 year old has been branded , and Escobar , or Ronald Biggs seems waggish and facetious. If this is so the Infamous NAZ is a car thief , and Rafidah is an accessory to all these deeds approved by the powers that be . Albar need a new face and practical common sense and intellectual ability. With the kind of nous to uplift the burnt out morality he feeds on daily . We for sure are graduating into the Myanmar curriculum. See how common sense like basic procedures even as a CEO of a big company observes , is never a part of the Malaysian Govt deeds. UMNO is forever on automode , splashed in glittering wealth that they overlook voluntarily to carry their souls for the Nation.
    http://sjsandteam.wordpress.com/2009/01/29/malaysians-nation-and-moral-status-and-animals/

  21. The PDRM is the Licensed Gangster of Malaysia. The PDRM is a mechanism being used by Umno to eradicate any Malaysians that are seen as a threat to Umno admistration. These blue shirt gangsters with badges were being supplied with heavy loads of firepowers, excessive authority power, big salaries, and protection from Umno government by the Umno run government. Of course these gangsters felt grateful to Umno. At the end of the day, it all comes to Umno. You want to rid the police brutality? Get rid of Umno first. YB LKS, you and PR can do it.

  25. /// tedteh Says:
    Today at 08: 42.49 (4 hours ago)
    Saying that cause of death as”water in the Lung” is like saying that someone die because there is a hole in his head… do they think that we are idiots… ///

    tedteh – in telling lies, they may have inadvertently told the truth. Kugan may indeed have died of \water in the lung\. This would suggest water torture to me, instead of him choking while drinking a glass of water as they seem to imply. The water dunking treatment as practised by commandoes during their training – by repeatedly pressing the prisoner’s head under water until he confesses or until he inhales water. Recently, a commando trainee in Singapore died as a result of such dunking.

  26. There is a story circulating that Kugan was working for his uncle who runs a tow truck business for finance companies and he towed away a car believed to belong to a cop and there was a heated argument. The rest as they say, is history. My sincere apologies if this story is false.

  27. That crimes and criminals are the scourge of society are undeniable and at no time should be condoned or sympathised with no matter under whatever situations. Else our society would be under the liberty of those out to create trouble and harm of immense proportion where the consequences would be disastrous and catastrophic. No people or state can accept such anarchy and mob rule.

    That A. Kugan died in police custody is indeed unfortunate, lamentable and should not have happened at all, i.e. if the arm of the law had been professional and transparent in all its handling.

    With so many cases of death of alleged criminals occurring while in police custody cannot be taken lightly and be attributed to coincidences and accidents. Only fools will believe that.

    It is imperative that the government is seen to be taking proper and legitimate measures to handle the Kugan case transparently without any hint of covering up any misdeeds on the part of those involved. If the government is seen to be credible and honest in its handling, then it could redeem some good faith and honour lost in transition.

    However, remarks and unfounded accusations by the home minister are uncalled for. Such kind of stance would cause the public to drift further from the government.

    Under such volatile and emotional scenario, it would be best to let an unbiased, impartial and legitimately qualified third party to assess the situation, whose findings should be binding and final. Any wrong doings or misdeeds deemed to have occurred should be dealt with by a court of law.

    People are crying for justice in all dealings and businesses in which they are stakeholders. Integrity, accountability, transparency, impartiality and a sincere and truthful approach to matters which affect all would be acceptable. Anything short of these would not do at all.

  28. Dear Sotong,

    Yes. that is exactly the problem here. Some politicians such as from PKR is using his death for political milieage. KUgan is a criminal. He was caught after car chasing drama with the police.

    With Kugan caught, police is able to solve 15 car theft cases. But nobody in PR seems “to notice” that. The highlight is to dramatize his death and worse still make it a racial issue.

    If not satisfied, ask for second autopsy but spare the drama. Spare the police bashing. No need to bash one entire force if sin committed by few. No need to ask entire cabinet to resign as no Cabinet Minister ever asked police to bash Kugan.

    By all meran ask for justice but stop the nonsense of treating him like a hero. Kugan was a criminal.

  29. dear oh dear…. wat else can we say???? power abuse, corruption, lazy, kaki bully, protect only the vip, the umno politician, mudda fcuker, hamkachan, kureng ajar, black shoe doggy, cibe face, drink tea, wat else can u think about the pdrm sh!t?? gani, musa hassan and all the doggy???

  30. ///With Kugan caught, police is able to solve 15 car theft cases. But nobody in PR seems “to notice” that. The highlight is to dramatize his death and worse still make it a racial issue.///–Shamshul Anuar

    The above seems to imply that a criminal involved in 15 car theft cases deserves the fate Kugan faced! That was why PR should notice it.

    Notice it or not, even a murder suspect has his day in court. The point is the police have the responsibility to investigate, the AG to prosecute and the judges to dispense justice. Criminals sentenced to death will die, as the court order. Police kill without court order is murder.

    Kugan is an Indian. Indians and people of other races are free to attend funerals. If there was protest during funeral procession, it would be to highlight police wrong doing. To say that the procession does not care about the sensitivities of others can only mean that others support the extra-judicial killing, and the word sensitivity is code-word for race and for Malay.

    The police personnel who were suspected of taking part in investigating Kugan are mostly if not all Malays. The persons who objected to the funeral procession or complaining that the procession did not care about the sensitivity of others has the following left unsaid: “the police officers are Malays, and Malays killed an Indian suspect in police custody. A protest at the funeral procession by Indians will be seen as protesting against Malays. In any case a protest against police is a protest against Malays. In fact a protest against government is a protest against the government. Since UMNO control the government, a protest against the government is a protest against UMNO, and protesting against UMNO is against Malay. Malays will feel sensitive if there is a protest against them. So a protest at the funeral procession is against the sensitivities of others. So to care for the sensitivities of others, people should not protest.”

    The body that objected to protest is taking the Kugan incident as a racial issue. The people who joined the funeral procession did it to highlight police wrong doing. Period.

    If any individual Malay considers that because he has benefited from government largesse and find it his duty to defend the government even if actions are indefensible he has misplaced his loyalty. It is pitiful if a person cannot differentiate between right and wrong out of misplaced loyalty to an organization.

  32. Dear Loh,

    Your response shows that you are racist. As simple as that.

    Nowhere in my writing that I tolerate ill treatment to criminals. What I ( and millions ) cant stomach is glorifying them. Truth hurts. Kugan was a criminal( with due respect to his family).

    If you care to read my remarks, you know that I advocate justice , be the criminal is Malay or Chinese or Bidayuh or whatever race. What I do not tolerate is bashing entire police force and worst still trying to depict the situation from racial angle.

    Of what reason that a procession is needed here. Trying to make Kugan a hero? You are the one who said about the polices are malay and Kugan was an Indian. You are the one who looks from racial angle.

    You are the one that mentioned the word “UMNO’ in your response. UMNo has nothing to do with it. Any proof that UMNO asked police to kill Kugan?

    The case becomes racial as some politicians manipulate the situation. And you supported them. I am not embarrased to defend Federal Govt as I see them not committing any crime on Kugan. By all mean, ask for justice but have the courtesy not to insult a Malay simply because the govt is led by UMNO( meaning the Malays).

    No. Protest against police is not protest to the Malays. Please understand this simple logic. I can not say that Indians are criminal simply because one Indian, Kugan is a criminal. Similarly, no need to assume that Malays tolerate any illtreatment( if any) to Kugan simply because Kugan is an Indian. That is not pertinent issue.

    The issue of getting benefit from UMNO is not material here. Even if I claim that I do not get benefit from UMNO, I will still say that it is right if UMNO is right. And I also criticize UMNO the way I criticize PAS, or DAP.

    It is a tragedy that you are not able to comprehend the problem as your unfortunately is part of the problem.

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