Chapter 2 – Legal Frameworks, Policies and Principles of Universal Human
Rights on Deaths in Police Custody
Even though there are national laws like Criminal Procedure Code and Penal Code
concerning deaths in custody, these laws do not imply the definition of such cases.
Instead they focus more on procedures in managing death investigations and inquest
proceedings.
For the purpose of research, ‘deaths in police custody’ is defined as the death which
occurs during arrest or detention by the police including when one passed away if he
fell sick or got injured during police detention and in the situation when one died on his
way to get the treatment at medical premises during police detention or while getting
the treatment at medical premises for cases which lead to ward admission while still
in police custody.
At international level, Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT) of United Nations (UN) is established to
prevent the torture and abusive acts whereas the Optional Protocol of CAT (OPCAT)
is established to provide operational working framework for state members in order to
fulfill their responsibility under CAT. Both CAT and OPCAT had been issued on 26
June 1987 and 22 June 2006 respectively and were being participated by 158
countries. However, Malaysia has not yet participated either CAT or OPCAT.
Chapter 3 – Deaths in Police Custody Statistics
The total number of death reported since 2000 till 2014 is 255. Although the total
number of detainees who were being detained within the 15 years period was beyond
the Commission knowledge, the average death of 17 cases per year is an alarming
figure and it is very disturbing as the right to life is part of prominent non-derogable
human rights.
Based on statistics provided by PDRM, the main cause of death (in police custody) is
due to health reasons which are 207 cases. The second highest factor is due to
suicidal incidence with a total no. of 30 cases. Meanwhile, there are 2 cases resulted