detainees and managing intitutions; although there is disparities in terms of law,
economy and geography, its execution is not possible to be done all at once.
Nevertheless, it shall act as a catalyst to make it a continuous effort especially
in addressing technical problems which this rule describes the accepted
minimum standards by the UN.41
XII. Limitations of the Research
1.31 The Commission visited the lock-ups in which deaths in custody took place
although a part of the lock-ups were no longer being used and unoccupied as
PDRM had moved to new buildings. This creates constraints for the
Commission in getting a real picture and situation on the status of deaths in
detention of the detainees.
1.32
There were also unoccupied lock-ups as the detainees were taken out for
remand application or investigation processes during the visits. There were
lock-ups with limited number of detainees as well as police stations which were
no longer used to place the detainees since detainees had been sent to the
central lock-ups. Sometimes the selected detainees could not convey the
information effectively or clearly due to their lack of proficiency or not being
proficient in Malay or English (especially among foreign detainees)42 and there
were also detainees who were isolated by the lock-up administrator as they
could threaten the safety of the Commission officers. At the same time, as the
total no. of detainees was not available, the Commission had a difficulty in
determining the percentage of detainees who were interviewed. The
Commission was informed by PDRM that there was no comprehensive record
on the total no. of detainees as the numbers keep on changing every hour, thus
was seen as inapplicable.
41
Preliminary Observation, Standard Minimum Rules for the Treatment of Prisoners.
For respondents under OKT category, the Commission can only evaluate their language proficiency when they
are taken to the Commission officers for interview. If the respondents cannot speak in Malay or English, the
Commission will face the difficulty in obtaining the information. The problem occurred in lock-ups with less no.
of OKT.
42
16