Press Statement by DAP National Publicity Bureau in Petaling Jaya on Friday, 6 ^thMarch 2009:

Kugan's cover-up - deep-rooted and serious problems of police abuse of power

The second post-mortem report on A. Kugan and the inquiry conducted by Suhakam Commissioners on the Bandar Mahkota Cheras issue both reveal the deep-rooted and serious problems of abuse of power as well as ‘cover-up’ attempts by the police force.

Kugan’s second post-mortem report clearly shows that he was brutally beaten up, resulting in the breakdown of muscle cells which then entered his blood stream causing kidney failure and consequently his death.

DAP’s National Publicity Bureau harshly condemns the Selangor Police Chief Datuk Khalid Abu Bakar who did not ferret out the black sheep from the police force, on the contrary, he tried repeatedly to stop Kugan’s family from carrying out the second post-mortem. Initially, he even insisted that Kugan’s family get a court order before carrying out the second post-mortem, and later indicated that the police will not investigate the case based on the second post-mortem report. This demonstrates that the Police Chief is unwilling and incapable of being in a position to help reform the Malaysian police force.

To date, more than 80 detainees have died in police custody. In the majority of those cases, there was no second post-mortem conducted (for whatever reason) which might have indicated foul play by the police. If Kugan’s family had not insisted on doing the second post-mortem, they would never have known what caused his death.

In any case, there is a huge discrepancy between the first and the second post-mortem report. The first report had stated that Kugan had died of fluid in his lungs. The second report detailed over 43 burn marks, bruises and contusions all over his body.

The reliability and accuracy of the first post-mortem report must be challenged. The unhealthy and detrimental trend of ‘protecting’ and ‘covering up’ for one’s colleague must be wiped out.

DAP’s National Publicity Bureau demands that Home Minister Syed Hamid Albar take immediate and proactive action in order to stop the physical abuse being perpetrated by the police and the habit of covering up for one’s peers.

We propose the following:

1. Take immediate disciplinary action against the police officers responsible for Kugan’s death as well as the officers involved in the Bandar Mahkota Cheras fracas, so that the punishment will serve as a severe warning to others;

2. Apologize and compensate Kugan’s family, Chang Jiun Haur and Chan Siew Meng (the two victims in the Bandar Mahkota Cheras incident);

3. Adopt the proposals and recommendations outlined in the Suhakam reports on “Bloody Sunday” (which took place at KLCC on 28 May 2006) and the Bandar Mahkota Cheras incident (which occurred on 27 May 2007);

4. Adopt and comply with accepted international standards and guidelines in the use of force by the police;

5. Establish the Independent Police Complaints and Misconduct Commission (IPCMC) to prevent abuse of power and stem corruption in the police force, and to turn it into a world-class, efficient and incorruptible police force that all Malaysians can trust and be proud of.

* DAP National Publicity Bureau