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
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SUHAKAM
ANNUAL REPORT 2018