ANNUAL REPORT 2019
SUHAKAM recommends the Immigration Department review its standard
operating procedures so all detainees are screened medically upon
their admission to the depot. Health equipment such as blood pressure
cuffs for all sizes should be made available at all depot for use at any
time. SUHAKAM also recommends cooperation between the Ministry of
Health and Immigration Department to update and supply appropriate
remedies, especially for chronic diseases. In addition, the government
should place a full-time doctor at all Immigration depots to treat
detainees who have health problems.
On the matter of arbitrary detention, SUHAKAM recommends that Section
51(5)(b) of the Immigration Act 1959/68 (Act 155) be revised to reduce
the 14-day detention period and for it to go through the court process.
8. CRUEL AND INHUMAN TREATMENT
Allegation of torture of Muhammad Fairuz Ismail bin Mahmad Fuad by
IPD Kajang, Selangor
The family members of Muhammad Fairuz Ismail bin Mahmad Fuad
alleged that he was beaten during interrogation by the Kajang police
officers on 9 September, 2018. SUHAKAM was informed that Muhammad
Fairuz was being investigated for robbery. He was arrested under the
Crime Prevention Act 1959 (POCA) at the Kajang Police Station for 21
days. Among the allegations SUHAKAM received were that the detainee
was blindfolded, punched and kicked in the chest, and hit at the feet
with a rubber pipe. He was also forced to confess.
SUHAKAM obtained feedback from PDRM on the police reports made
by the family and recorded statements from the arresting officers and
Investigation Officers (IO). But the allegations of torture were challenging
to prove because they were no health records, CCTV footage, witnesses,
or injuries.
CHAPTER 1
the depot did not provide the proper dose of medicine to Thomas.
SUHAKAM was informed that the deceased was only given one of the
three types of medication that he supposed to consume. SUHAKAM
also found that the depot medical officer did not have the appropriate
blood pressure cuff for Thomas when he was first screened at the depot.
SUHAKAM is concerned over arbitrary detentions, noting that Thomas
was apprehended even though he had valid documentation to be
in Malaysia.
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