V. Provision under Lock-up Rules 1953
2.22
Referring to Lock-up Rules 1953, there is a provision which requires a Medical Officer
to visit lock-up whenever requested by Officer in-charge and gives his opinion whether
the detainees are fit to be detained. For example, Lock-up Rule 38 states that:
“The Medical Officer shall visit each lockup whenever requested to do so by the
Officer-in-Charge, and he shall enter in the Journal his comments on the state
of the lockup and the prisoners confined therein.”
2.23
Meanwhile Lock-up Rule 40 suggests:
“Whenever the Medical Officer finds that the inmate’s life is threatened if he is
continuously being confined in the lock-up or an inmate is not fit at all to be confined,
the Medical Officer should immediately express his opinion with the reasons in written
form to Officer in-Charge who will present the matter to Yang Dipertua, Section Court
or First-class Magistrate to be submitted to Menteri Besar or Chief Minister, as related
to.”
2.24
Furthermore, Lock-up Rule 2058 states the rest for detainees is from 6.30 pm
until 6.30 am. The rule ensures the right for the detainees to get enough rest
and should not be taken out from the lock-up for investigation after 6.30 pm.
The factor like lacking of or no rest for detainees can negatively affect their
health and become an influencing factor for death cases in police custody. This
rule can also prevent the cases of deaths in police custody at night while onduty police officers are less in number.
2.25
The Lock-up Rules mentioned above intend to ensure the rights of detainees
and to avoid any unfortunate incidents whenever an individual is being detained
by the police. Althoughthe police have the authority to detain any individuals for
investigation as stated in Criminal Procedure Code, it does not mean that a
suspect does not have any rights and can be treated in cruel, inhuman or
degrading manner.
58
The inmates will be confined at night by 6.30 pm and will wake up ready with clothes by 6.30 am.
26