T ORTURE Volume 15, Number 1, 2005 25 1 Analysis of the above mentioned data Analysis of the above From January 1991 to AprilFrom January 2002, 1991 to a total We undertook this study to analyse We shows that the great that majority in shows of deaths police custody are due to – 22 (79%) causes – due to natural by deaths – followed cases of poisoning 3 (11%) – and then two (7%). In so far as are concerned, the majority occurred of deaths due to hang- ing. Among all of these cases of custody Scenario in Mauritius Mauritius is a small, island which pleasant serves as a popular tourist for destination Europeans.wealthy island of volcanic This origin an area of 1.865 square kilo- covers meters (720 square miles). The estimated of the island of Mau- residential population ritius on December 31, 1,157,789, 2000 was growth rate population an average showing (2000-2005) of about 0.8%. The nation claims to be prosperous and tranquil, offer- ing stability and harmony for a racially population. mixed of 28 deaths have occurred in police custody have of 28 deaths in table 1. as shown cern for his safety. This has become a major human rights issue worldwide. causes of deaths in police custody in Mauri-causes of deaths tius and to compare these with the pub- lished reports from other countries, with the measures. of identifying preventive objective police, custody deaths, autopsy *) Toxicology, Department Medicine & of Forensic Medical College, Mauritius [email protected] **) Medical Officer,Police Louis, Port Mauritius Introduction in police custody is a serious death mat- Any ter causing public disquiet. in cus- People tody are more likely to die prematurely, es- pecially from violent causes, than similar people not in custody. Therefore, not it is duty,only the lawful also the moral re- but sponsibility, of police to keep a person in their custody with necessary care and con- Key words: People in police custody are more likely to die People prematurely, especially from violent causes. This article of 28 police custody of a total presents data April in Mauritius 2002. deaths from 1991 to caused by suicide, were deaths Twenty-two three causes,by natural by alcohol/drugs two and one cause.by unknown Hanging the most com- was mon means of committing suicide. Items of cloth- the most commonly used objects.ing were Based on the findings,measures for the preven- several in police custody are discussed. tion of deaths Abstract Police custody deaths in Mauritius deaths custody Police & S.K. Gangadin, MD** A.K. Agnihotri, MD* CLINICAL KNOWLEDGE CLINICAL 26 T ORTURE Volume 15, Number 1, 2005 oa 28 below.described as famous Ithasbecomevery arrest. during confessions andtheuseofexcessive force toextract which includedtheuseoftorture cus anongoingproblemofpolicebrutality, Kaya’s fo- death broughtintosharp deaths, Number Total 1 . Unknown 3 . Natural 2 . Poisoning (alcohol/drugs) Suicide Causes ofdeath Table 1. un ...... 3 . 2 Burns . Self-inflicted injuries 17 . Hanging Deaths inPoliceCustody. 2 ing police brutality and calling forthefind- ing policebrutality aboutcontinu- ment expressingitsconcern wrotetothegovern- sulted fromskullfractureinflictedbypolice. ations have suggestedthat Kaya’s death re- Thepublicaccus- blocking andcar-burning. road- the closingofschoolsandstores, such asthefirebombingofpolicestations, provoked several andprotests days ofrioting Kaya’s death hadbeenselfinflicted. juries contradicting policeclaimsthat hisin- ing, revealed signsofbeat-tained byhisfamily Anautopsyob- legalization. protest fordrug a during rested forsmokingmarijuana afterbeingar- died whileinpolicecustody, known asKaya (Joseph Reginald Topize) n2 eray19,thepopularsinger 1999, On 21February CLINICAL KNOWLEDGE 27

CLINICAL KNOWLEDGE

ings of inquiries into the death of Kaya to be total of 308 people died in custody during made public. the period of 1990-1999.5 In the Nether- According to the 2002 Amnesty Interna- lands, 59 deaths were reported in Dutch po- tional Report,3 there were at least four lice station in the period of 1983-1993.6 The deaths in police custody as a result of tor- Institute of Legal Medicine in Bonn, Ger- ture or other cruel, inhumane or degrading many, reported 86 deaths in middle Rhine treatment in the year 2001. Neither these detention centers and custody from 1949 to cases nor the cases from previous years were 1990.7 In Australia, 527 deaths are known to investigated under open and thorough pro- have occurred in police or custody in cedures. For example: the period of 1980-1989.8 In Denmark, 20 Josian Kersley Bayaram died on 21 July deaths (one homicide and 19 others) oc- in prison in Pointe aux Cannoniers after his curred in police custody during the period arrest for alleged drunkenness. An official of 1981-19859. In India, according to the autopsy concluded death by asphyxiation. NHRC report, the number of custodial His family disagreed with police statement deaths has doubled from 444 in 1995-1996 that he had committed , to 888 in 1996-1997, and this figure went to objecting that there was no trace of strangu- 1.012 in 1997-1998.10 In India, as per lation on his but there were deep NHRC, the facilities for the conduction of wounds under his left eye and on his fore- an autopsy in custodial deaths are inade- arm. They filed a complaint to the Police quate and the procedure followed is unsatis- Complaints Bureau and National Human factory at most of the places.11 Rights Commission but were not informed Case studies from other parts of the of any progress about the investigation. They world show significant findings according to had the body exhumed two months after the suicidal behaviour of prisoners.12 burial for private autopsy. These figures themselves speak of the In both of the cases, no evidence of foul magnitude of the problem in most of the play was suspected and the report was sub- countries. The United Nations has given mitted to the Minister of Human Rights. guidelines on effective prevention and inves- tigation of extra-legal, arbitrary and sum- Discussion mary execution.13 Premature deaths of people in police cus- The constitution of Mauritius contains tody are always tragic. At a moral level, it human rights guarantees that prohibit arbi- undoubtedly causes trauma among family trary arrest and detention, torture and inhu-

members of the victim and at the same time mane treatment. In 1999, the police estab- T ORTURE sometimes gives rise to unfounded suspicion lished a Complaints Investigation Bureau and rumours as to the conduct of police. that investigates allegations of abuses by offi- Volume 15, Number 1, 2005 Therefore, any such death needs to be ex- cers. The National Human Rights Commis- plained in the first instance before the , sion (NHRC) was set up in 2001 under the and then to the public and family members Protection of en- of the victim. acted in December 1998. Under section In South Africa, the Independent Com- 4(1) (b) of the act,14 the NHRC may receive plaints Directorate had recorded 2.174 cus- any complaint against police brutality either tody related deaths in April 2000 since their from physical violence or foul language. The inspections in 1994.4 In Ontario, , a Commission (NHRC) also recommended 28

CLINICAL KNOWLEDGE

the following views to the commissioner of cates that natural disease (predominantly police to be made known to each member of cardio-cerebral vascular and alcohol-related) the police force:15 was most common, followed by suicides. Analysis of our data shows that most of • The police officers are reminded that these deaths may be preventable. Many of they are public servants paid for with the deaths from natural causes seem to be public funds to provide a multitude of unavoidable. Deaths due to poisoning ap- services to the public and they are ex- peared to be accidental and related to an pected to treat members of the public overdose of drugs. with patience, fairness and courtesy. The deaths due to torture in custody are • The use of unnecessary violence and un- some of the most difficult cases for the civil or improper language by police offi- forensic experts, which may sometimes re- cers not only constitutes an offence quire expertise and integrity of the highest against the discipline of the police force order. The investigating agencies mostly try but can also entail criminal proceedings to conceal the circumstances surrounding against the offender. the death. Keeping in view these shortcom- ings, the NHRC has suggested certain meas- In this country, any reported case of death ures to improve the system, stressing mainly in police custody is automatically taken over the examination of the body soon after by the NHRC. They enquire into the allega- death, before decomposition sets in, and tion, and if a is disclosed they refer early release of a postmortem report.15 The the case to the Director of Public Prosecu- relatives of a detainee found dead in police tions with their recommendation. They also detention are entitled to know the cause of visit police cells with a strict observance of death and to require a counter autopsy if the , rules and standing orders by the they wish to dispel any doubt they may have. police in matters of care and custody of de- Under section 110 (1) District and Interme- tainees in cells. diate Courts (Criminal Jurisdiction) Act,18 According to Amnesty International’s the District Magistrate should be informed recommendations to the Mauritius govern- when a person has died in prison or while in ment16 to ensure that investigations into alle- police custody. They shall proceed, or order gations of torture or other human rights vio- an officer to proceed, with the examination lations by the police are independent and of the body and an investigation of the mat- impartial, the accused officers are to be sus- ter with the assistance of a medical practi- pended pending the result of investigations, tioner. The investigating officer should be at and those responsible are to be subjected to least in the rank of Assistant Superintendent disciplinary action or prosecution before the of police and the postmortem examination is courts. to be carried out by the police medical offi- Studies conducted outside Mauritius1-5 cer. In our view, if the Magistrate would su- have shown that the majority of deaths in pervise the enquiry from the very start, there police custody have occurred as a result of would be less suspicion. According to Hiss suicide. Our analysis also supports this evi- Jehuda and Kahana Tzipi,19 the dorsal sur-

Volume 15, Number 1, 2005 Volume dence. But in contrast to our study, face of the body should be examined by a Copeland,17 in his study conducted in Met- modified elongated X-incision.

ORTURE ropolitan Date County (1956-1982), indi- T T ORTURE Volume 15, Number 1, 2005 29 8 Louis Mauritius, 2001. March http://www.hartford-hwp.com/archives/36/ 312.html tius. Amnesty International, 2002. Africa 1998-2000.South Med Am J Forensic 2003;24:202-7. Pathol among people in custody in Causes of death Ontario 1990-1999. CMAJ 2002;167:1109-13. in police custody.medical attention Med Law 1997;16:593-606. tral Rhine and in police detention centers 1949 to 1990. Arch Kriminol 1997;199:88-96. Deaths from natural causes appear to be from natural Deaths non-preventable. However, the detainees routine phys- of this group should have with medical ical and medical check-ups officers. Thomson, and According to McDonald number of people of the minimization held in police and prison custody is an important such measure to prevent deaths. In our opinion, the legal author- of tem- to reduce the number ities have porary detainees (temporary detainees means prior to the Director of public decision),prosecution’s instead releasing bail. them on heavy application of drugapplication and rehabilitation methadone programs. 3. Amnesty InternationalAfrica Report – Mauri- 4. Bhana BD. in Durban, deaths Custody-related 5.WL, Wobeser J, Datema Bechard B, P. Ford 6. Blaauw E, R, Vermunt A. Kerkhof and Deaths 7.A. Steinhauser in Cen- Analysis of cause of death 8. McDonald D, NJ. Thomson in Australian deaths 1. Mauritius police magazine 2002:5-6. 2. African singer killed in custody. reggae Port Considering the above mentioned points, Considering the above it custodial authoritiesis concluded that to provide clear responsibility should have and clinical health servicesquality preventive to all people in custody. Close attention lock- needs to be paid to ensure the safety of to ups and to the screening of people likely a suicidal tendency. have References • • Some of these deaths 20 15 As far are con- deaths as alcohol-related cerned, promoting use and further devel- blood opment of simple tests to estimate alcohol concentration, chronic alcohol problems and suicide risks, before incar- takes place,ceration of the lives save may people in custody. Similarly, presence of electrical the fit- ting, door hinges, bolt holes, window bars, cell hatches, security grills, etc., all important parts building, of any consti- tute a source of danger to a determined detainee. main aim should be to set The up an ideal infrastructure for custody (suicide-proof cell). Most importantly, a metallic screen should be placed on all the barsopenings in police cells so that are inaccessible to a detainee to hang himself.measure At the same time such a or should not reduce the ventilation of light into the cell.penetration The authorities special also intended to set up detention centers remand for suspects on with closed-circuit television to prevent occurrence in police cus- any of death tody. Since the majority in police of deaths the use of some caused by custody were made up of items of kind of ligature clothing, police officers should be author- ized to withhold items of clothing and be likely to personal may effects that harm. could possibly be prevented by the timely could possibly be prevented • • • Recommendations & conclusion Recommendations conclude,To there should be responsibility on the part authorities of the custodial and review causes and the public to regularly people in police cus- among of death rates such to prevent ways tody and to look for deaths. are some recommen- The following of in the prevention can help that dations such deaths: CLINICAL KNOWLEDGE CLINICAL 30

CLINICAL KNOWLEDGE

custody 1980-1989. 2. Causes. Med J Aust 15. The 2001 Annual Report of the National Human 1993;159:581-5. Rights Commission. Mauritius, 2002. 9. Segest E. Police custody: deaths and medical at- 16. CANADA Action: policing and human rights in tention. J Forensic Sci 1987;32:1694-703. Mauritius. 10. National Human Right Commission Reports. In- http:/www.amnesty.ca/take_action/actMpolice.php dia, 1999. 17. Copeland AR. Deaths in custody revisited. Am J 11. Malimath VS. Note on model autopsy forum and Forensic Med Pathol 1984;5:121-4. inquest procedure. New Delhi, India: NHRC, 18. District and Intermediate Courts (Criminal Ju- 1999. risdiction). Act RL 2/551-5 November 1888. The 12. Fruehwald S, Matschnig T, Koenig F, Bauer P. Mauritius Law 1990;2:283. Suicide in custody. Br J Psychiatry 2004;185: 19. Jehuda H, Tzipi K. Medico-legal investigation of 494-8. death in custody: a postmortem procedure of de- 13. Principles on the effective prevention and investi- tection of blunt force injuries. Am J Forensic gation of extra-legal, arbitrary and summary exe- Med Pathol 1996;17:312-4. cutions. United Nations, 1989. 20. Giles HG, Sandrin S. Alcohol and deaths in po- http://www.coe.int/T/E/Human_rights/ lice custody. Alcohol Clin Exp Res 1992;16:670- Police/5._Reference_Documents/q._Principles_ 2.  Effective_Prevent_Investig_Extra-legal_ Executions.asp 14. The Protection of Human Rights Act 1998. Act No. 19 of 1998. Volume 15, Number 1, 2005 Volume ORTURE T