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Death in custody of Goh Yan Peaw with impunity PDF Print
Sunday, 27 January 2008 11:38

Suaram calls on the government to hold an inquest immediately into the death of Goh Yan Peaw on January 20 during the period he was held by the police in custody in Segamat.

{mosgoogle right} According to a news report in Sin Chew Jit Poh, Goh Yan Peaw was arrested together with his wife and brother by the police on 9 January 2008 at their house in Segamat. They were held under the Emergency Ordinance for allegedly hiding drugs, bombs, porno tapes and fireworks.

Goh Yan Peaw was sent to Johor police headquarters for investigation the next day after his arrest. On 16 January, he was brought to Magistrate's court in Segamat, which granted the police a remand order of seven days for Goh Yan Peaw.

According to Segamat OCPD Abdul Majid, Goh was brought back to the Segamat police lock-up on January 19. At about 4.00am in the morning, Goh was found unconscious in the detention cell and died after he was sent to hospital. The police told the family that Goh had died from a fall in toilet.

However, Goh's mother showed a medical certificate which indicated the result of a recently completed medical check-up of Goh, certifying that he was in good health. Goh's wife, who last met her husband when they were brought to the Segamat Magistrate's court for remand application, said that she found Goh to have lost a lot of weight, his face was pale, his lips were in light purple color and his eyes seemed to have swelled.

Suaram finds the reason given the police unconvincing and unsatisfactory. How could a fall in a toilet in police station led to a fatal death? The stories of the family members further suggest that Goh Yan Peaw may have been subjected to torture and inhumane treatment while in police custody.

The case warrants an immediate and thorough inquest by the Magistrate's court to establish the real reason for the death of Goh Yan Peaw and whether the police had tortured him and contributed to his death. Those police officers involved in the death of Goh should be booked to justice.

While Goh may be a suspect of serious crime, all suspects should be treated as innocent before proven guilty. The crime of the suspect should be established by the court and the police should never be allowed to take the law into their own hands.

We call on the Magistrate's Court to hold an inquest as soon as possible, and no later than a month, as suggested by the Royal Commission on the reform of the police force. The inaction of the Chambers of the Attorney General and the Magistrate's Court for an inquest would only encourage impunity among the police force, as evident in the high number of death in custody cases in 2007.

There were 11 cases of death in custody in 2007, of which not a single case has had an inquest conducted to investigate the possible foul play of the police and the real cause of death.

We further call on Prime Minister Abdullah Ahmad Badawi to realize his promise in reforming the police force and heed the recommendations of the Royal Police Commission, among them the setting up of the Independent Police Complaint and Misconduct Commission (IPCMC), a coroner's court and the abolition of the Emergency Ordinance.

Detention without trial and the absence of judicial checks and balances under the Emergency Ordinance will only perpetuate the culture of torture in the police force. This is probably unfortunately proven to be true in the case of Goh where he was detained under the Emergency Ordinance initially and only later brought to court under the normal criminal proceedings, which was too late to save his life.

Yap Swee Seng
Executive Director

Comments (22)Add Comment
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written by malsia1206, January 27, 2008 11:50:04
Unroyal Police brutality at its best. If they have to terminate him, get it done in open-style like in China. After a summary court hearing with a conviction, the accused face the firing squad. In Malaysia, they execute suspects secretly in police cells when no criminal charges are even framed. They abuse the process and claim the deceased feel in the toilet. Are they trying to convince kindergarten kids? IGP has to come out with a solid explanation. If he does not, he's part of the conspiracy and an accomplice in the crime.
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written by temenggong, January 27, 2008 12:05:07
There were 11 cases of death in custody in 2007..

Hindraf was right. There is approximately one police custody killing a month! A staggered form of cleansing. Looks like the police have already launched a silent war against the people. Are they begging for a response?
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written by macaufan, January 27, 2008 12:11:32
we have nomore PDRM but now we end up having PRDM (polis RAJA di m'sia). polis killing/murdering of detainees/suspects in lokap is nothing new in m'sia, polis said: "So what? it's a 'killing culture' by polis that m'sian have to accept!" y wasting time go to court & charge suspect? what if, polis & AG lost the case? macam ni. habis cerita, no charge! kes tutup! suspect 'jatuh di toilet' killing himself ! hahahahahaaaa..... m'sia boleh !
polis against the set up of IPCMC, PM Bodohwi pun tunduk! what can the rakyat do? Bodohwi tipu rakyat 4tahun lalu kata nak set up IPCMC.
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written by tom73my, January 27, 2008 12:19:45
The Police are the most corrupt enforcement officers in Malaysia. They appear to be the 'protector' but they are actually the "wolf" with sheep skin. If you know people who Chinese say are those 'cari makan' at the "black/dark" side, they would tell you that they have all 'kow-tim' the OCPD or Ketua Polis Daerah and his downlines to share their ill-gotten money. I would dare say all OCPD are involved in illegal/vice activities like underground 4D, DVD, drugs, slot machines, gangster extorsion etc. This poor guy must have failed to give protection money to the "wolfs", and became the sacraficial lamb to be part of the crime statistics, and worse got killed in prison. That's why IPCMC and an independant ACA are so important to get rid of these wolfs.
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written by scared, January 27, 2008 12:22:22
Oh man..This is frightening....is there no end to it.Where are we heading?....are there no one in the police force or the govt to question this act of brutality.Are we really helpless....oh god
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written by Barking out loud, January 27, 2008 12:27:18
Police brutality and abuse of power is happening on a daily basis in Malaysia. It is an accepted fact and mainly because the citizens of Malaysia are basically obedient and do not know their rights.

These abuse of power that costs human lifes are totally unacceptable. I think it is time for the IGP to clean up his back yard or resign with immediate effect as he is proven to be ineffective here in Malaysia. So please tell him not to waste my money OUR MONEY! ! ! smilies/angry.gif
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written by hiro, January 27, 2008 12:36:56
Say no to police brutality. Say no to Minister of Internal Security. Say no to UMNO. Say no to BN. Vote the opposition.
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written by wolf, January 27, 2008 12:51:33
Forget about Guantanamo. Inhumane treatment of prisoners? Torture and degradation?

Heck, you can DIE here in our 'lokap'!!!
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written by Yen Moy, January 27, 2008 12:54:22
I don't think it is the police fault. Police are told to silent him. It is of no point blaming the police they are the administrator to the whole episode. I am sure this dude Goh Yan Peaw knows too much.
I hope someday Malaysia will learn to fix the cause not the symptom.
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written by FFT, January 27, 2008 14:38:43
Why the surprise?

RPK has already disclosed, with evidence to boot, that the Malaysian police is simply a component of the criminal underworld. (and not a peep in protest, or evidence to the contrary, presented by the top brass of the police force).

They were most likely just getting rid of independent competition where this guy was concerned.
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written by defendermalaysia, January 27, 2008 14:39:57
So that is the reason why police, attorney general, home ministry,internal security refuse to set up the IPCMC so that they can also use police to silence and finish off anybody including any opposition members. Where are we heading to? We are like a police state like what TDM says. So we should vote the opposition in order to protest against police brutality and those dirty BN policy.
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written by manny_california_usa, January 27, 2008 15:10:59
My dad is 82 years old man and had fell in the restroom many times and still alive. Here, the police said he fell in the toilet and died, what a joke.

Common guys, please do change this government before more innocent people dies like 'MATI KATAK'.
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written by RumahPanjai, January 27, 2008 15:20:43
In Malaysia, the fundamentals of "innocent till proven guilty" is not part of the vocabulary of the PDRM. They are apparently the judge as well as the executioner. The sad thing is, they do it with inpunity witb the blessings of their leader. What's the different between them and thugs.......sama, sama lah. Birds of the same feathers.
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written by SBennit, January 27, 2008 15:29:29
To the police, Goh Yan Peaw's crime was not that he was involved in dugs, porno, etc.

His only crime was that he was working independently. He chose not to work under Tengku's organization. His profits therefore were not shared with Tengku's firm; which included shareholders such as the IGP, Christopher, Sivamany, etc

We can expect more independent players being knocked off.
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written by SBennit, January 27, 2008 15:31:59
...I read FFT's comment after posting mine........
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written by miwaki, January 27, 2008 15:54:50
Only BN can produce this type of belligerent police.Kill if they are not happy.The best part is killing is not a crime if done by police.
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written by tom73my, January 27, 2008 16:58:58
It does not take a genious to understand why the Police are so against the setting up of IPCMC, and make ACA independent. Incidentally, Police and ACA all report to the same fellow, who has all the power to act but chooses to sleep or pretends to sleep all this while. In any religions, it is a big sin for us to vote for this fellow this coming GE, who has indirectly killed so many human lifes for his inaction and close one eye. Guess who but no prize for the correct answer.
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written by Bill Gates, January 27, 2008 17:24:45
"If crime rates increase, it is a sign of the police failure. Those who cannot perform should leave."
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written by Bill Gates, January 27, 2008 17:26:08
As long as the bapak kepada bapak polis is still there ... rest assured our stats will be on the upward trend .... smilies/angry.gif
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written by educationist, January 27, 2008 18:11:29
Another case in the long list of suspicous death while in police custody. The deceased might all be criminals but that is not an excuse to snuff out their lives. IT is time the police are made accountable for their action . But as it stands now, they are a law unto themselves. So, justice will be denied again.
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written by Namolos, January 28, 2008 00:36:53
Its a FACT.....Goh,as a ''Chinese'' has been TORTURED to DEATH the moment he was arrested and brought inside Police Territories....

Its Very Funny why the Faces of the TWO[2] Malay special force policeman who Blew up the Mongolian Girl in DPM/Najib case was not even exposed to the Public and its a wonder that they are NOT both dead too by falling down itside police lockup toilets,which normally would have definetely happened if these two suspects were NON MALAYS, esp. if they are Indians.

Drop dead inside police lockup toilets??..MY FOOT...the police Lawyers should have advice the police to say...''It look likes he did and it sounds like he did fall inside the toilet and looks like he did and it sounds like he did die from that FALL..''

I rest my case.
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written by joeawk, January 28, 2008 14:34:22
Another reason for the people to not vote for the BN, simply because the BN govt had refused to impliment the IPCMC.
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