Key Issues
i.
That broad, meaningful and regular consultations be held with stakeholders at all
stages of the development process;
ii.
That representatives of Civil Society Organisations (CSOs) be appointed as members of
the Steering Committee;
iii.
That accession to the key international human rights treaties and Malaysia’s UPR
recommendations be prioritised in the NHRAP; and
iv.
That the finalisation of the plan, which is scheduled to take place by the end of 2016, be
expedited.
3. DEATH IN POLICE CUSTODY
In 2014, the Commission initiated two new thematic studies, the first on the incidence of death
in police custody and the second on the right to health in prisons.
The first study was prompted by the number of cases of death in police custody which has been
a matter of public concern and scrutiny. Based on the statistics provided by the Royal Malaysia
Police, between 2000 and February 2014 a total of 242 deaths have been recorded in police lockups throughout Malaysia. In most cases, the causes of death were said to be health related such
as asthmatic attacks, HIV/AIDS and cardiac arrests. Other causes include suicide, fatal falls
and fighting among the detainees. Out of the total 242, only two deaths were caused by foul play
involving the police.
The Commission has become the avenue for family members of the deceased and civil society
groups to seek justice. While there is no simple formula to ensure the safety of the detainees,
the Commission is of the opinion that the responsibility of taking preventive measures should
not rest solely in the hands of the police and that all institutions should work together to ensure
the efficacy of those preventive measures.
With that in mind, in the year under review the Commission took the initiative to conduct a study
on deaths in police custody.
The study focuses not only on the rights and healthcare of detainees under custody but also on
the rights and welfare of police personnel directly involved or in contact with the detainees. The
study involved (i) visits to police lock-ups in the Peninsula as well as Sabah and Sarawak; and
(ii) interviews with police personnel and detainees in lock-ups. The objectives of the study are:
i.
To identify the factors and circumstances that contribute to death in custody;
ii.
To provide opinions and suggestions for improvements in law and policies;
iii.
to further improve and strengthen infrastructure and facilities for effective investigations;
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