M Visvanathan from EDICT says family members are presently barred from making such claims by a majority Federal Court ruling in late 2017.
Protesters call for an Independent Police Complaints and Misconduct Commission to curb police misconduct and put an end to deaths in custody.
Adding that the ruling had sent “the wrong message” to law enforcement officers, he said damages could only be paid to those who survived assault while held lawfully for questioning by the police. He said the legal fraternity had agreed that exemplary damages should be given to family members of those who die in police lock-ups and prisons, to serve as a deterrent and a warning that no lives can be taken “save in accordance with the law”.
Justice Zaharah Ibrahim, who delivered the judgment for the majority, said the constitution does not give courts the power to compensate the family members of such victims. Zainun Ali, in her dissenting judgment, said the death of an individual is a clear violation of the most fundamental liberty entrenched in Part 11 of the constitution.
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