III. Scope of the Research
1.7
With the mandate under Human Rights Commission of Malaysia Act 1999,10 the
Commission has taken an initiative to carry out a research in order to solve the
problems of death cases of detainees in police detention. The foundation of the
study is based on complaints11 received, periodic visits12 to detention centres
and roundtable meetings13 with Polis DiRaja Malaysia (PDRM) as well as the
other stakeholders. The Commission has also analyzed the total number of
deaths in police custody to be used as reference for the research.
1.8
This research analyses causes of deaths in detention and proposes several
recommendations and improvements to be implemented to reduce the number
of deaths in police detention. This study does not address the death cases
rather it focuses on factors contributing to the deaths.
1.9
The research only focuses on the treatment towards detaines when they were
detained until their death occurred. It does not include the process or
investigation after the death like the investigation of detainees death under
section 329 of Criminal Procedure Code (CPC) and the inquest by Coroner’s
Court.
10
Act 597.
Investigation carried out by the Commission based on the mandate under Section 4(1) (d) Act 597 empowers
the Commission “...to inquire into complaints regarding infringements of human rights referred to in section
12.”
12
In executing the function of the Commission in protecting and promoting human rights in Malaysia, Section
4(2)(d) Act 597 authorizes the Commission “...to visit places of detention in accordance with procedures as
prescribed by the laws relating to places of detention and to make necessary recommendations;”
13
Report of the Complaints, Monitoring and Inquiries Group; Human Rights Commission of Malaysia Annual
Report 2013 (pp71-74).
11
3