2.35 Other than that, the police are prohibited to use force or torture towards any detainees in order to get the information related to the crime. There is no excuse or justification to use force or torture towards detainees although the country is in a state of war or a threat of war, internal political instability or any other public emergency . Any command or order by superior officer does not justify the torture.65 2.36 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) by the United Nations (UN) is established to prevent any form of torture and cruel treatment imposed by any authorities whereas Optional Protocol of CAT (OPCAT) is established to create operational framework for state members to fulfil their responsibility under CAT. Both CAT and OPCAT was enforced on 26 June 1987 and 22 Jun 2006 respectively, with participation from 158 countries. However, Malaysia has not yet participated in CAT and OPCAT.66 2.37 CAT defines "torture" as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.67 2.38 Therefore, based on the above definition, any detainees including those who are being detained by the police cannot be tortured or ill-treated. The torture and cruel treatment can lead to causes of death in detention as explained earlier. 65 Article 2 of Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-9&chapter=4&lang=en (Accessed on 24 March 2016) 67 Article 1 of Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 66 30