VI. Mr. Jeeva, Legal Aid Centre, Kuala Lumpur, Malaysia raised a question about deaths in custody. Has the Mandela Rules been implemented in Malaysia? Dato’ Narander Singh responded that deaths in custody in Malaysia is a serious issue happening not only in prisons but also in police lock-up facilities and detention camps. However, deaths in custody sometimes are unavoidable. As for the Department of Prison, Malaysia, they have tried their best to manage prisoners according to rules and regulation. They have tried to ensure that prisoners are managed in a humane manner and to always safeguarding the rights of everyone in prisons. Prisons do not compromise on this kind of incidents. If any prison officer is at fault, disciplinary actions will be taken against them. Every prison officer and staff are aware of what kind activities that they must not indulge in to always ensure the safekeeping of prisoners. Prison officers and staffs are reminded daily to carry out their duties as efficiently as possible. In addition to the response, Ms. Verma stated that according to the report of the National Human Rights Commission of Malaysia (SUHAKAM) which was referenced during a press conference, as of 2020, there were 456 deaths in police custody and 360 deaths in the custody of Immigration Department and the National Anti-Drug Agency. It is important note about the suggestion by SUHAKAM for the establishment of the Custodial Health Unit (CHU) by the Ministry of Health, Malaysia and to have a specific rule to manage health services in detention centres. She reiterated that according to SUHAKAM, health factors are still listed as the main cause of deaths in custody. They could be triggers to their deaths and according to her experience, limited access to health services including when one is allegedly been subjected to torture and ill-treatment because of death in custody was too many. Ms. Verma took the opportunity to reiterate that some of the findings and recommendations issued by SUHAKAM really need to be taken up by the authorities. Besides that, there has to be an open, transparent, independent, and credible investigation into all cases of alleged death in police custody. It is also important to establish not just accountability of the State because it takes the responsibility for individuals who are in the custody of State. She thinks that it is equally important sometimes to exonerate the law enforcement who may be falsely implicated in certain cases of alleged excessive use of force. As such, she believes that it is of great value to have an independent, credible, and transparent investigation into such cases. We should start to look at institutional challenges to alleviate, to mitigate and to prevent such cases from recurring. VII. Mr. Jerald Joseph, Commissioner of SUHAKAM, Malaysia stated that everyone in the Conference is agreeable to the Mandela Rules. However, the implementation of Mandela Rules requires costs. As for poor nations 36

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