6. Death in Custody This year, SUHAKAM received 4 complaints pertaining to a death in custody. They are: i. M. Thanaseelan in a police lock-up in Shah Alam, Selangor; ii. S. Mariappan in Bentong Prison, Pahang; iii. Soosaimanicckam A/L Joseph in Pangkalan Tentera Laut Diraja Malaysia, Lumut, Perak; and iv. Md Faizal Md Yeit in a police lock-up in Batu Pahat, Johor. The investigations into the first 3 cases are in progress at the time of writing this report. In regard to the case of Md Faizal Md Yeit, it is completed. Death of Md Faizal Md Yeit On 26th of September 2018, SUHAKAM received a complaint pertaining to the death of Md Faizal Md Yeit on 24 September 2018 whilst in police custody at the Batu Pahat police station in Johor. Pursuant to Section 12(2)of the Dangerous Drugs Act 1952, he was arrested and remanded for allegedly being in possession of drugs. SUHAKAM understands that the Integrity and Standard Compliance Department (JIPS) of RMP and the Enforcement Agency Integrity Commission (EAIC) are investigating the matter following the publication of Md Faizal Md Yeit’s death in the newspapers. The EAIC interviewed members of the police force who were allegedly involved in the incident and have obtained testimonies from them and family members of the deceased. Accordingly, SUHAKAM decided to look into the deceased’s condition of health prior to being placed in police custody, treatments received by the deceased prior to his death, and the cause and manner of his death. Based on the findings of the investigation and further examination of all related documents provided by RMP, Sultanah Nora Ismail Hospital (HSNI) and the Batu Pahat health clinic (KKBP), SUHAKAM has arrived at the decision that there was no negligence on the part of the police force. However, the findings of the investigation have highlighted the need for action to be taken on several issues. As such, SUHAKAM has tabled the following recommendations, pursuant to Section 4(2)(b), Act 597 for consideration: i. Conducting investigations within the period of the first remand SUHAKAM recommends that the testimonies of all Orang Kena Tahan (OKT) who have been detained be obtained at the earliest possible juncture. The Magistrates Court must 80 SUHAKAM ANNUAL REPORT 2018

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