the prisoner’s next of kin or emergency contact. Individuals designated by a prisoner to receive information related to his health condition shall be notified by the director of the prisoner’s illness, injury or transfer to a health institution. The explicit request of a prisoner not to have his or her spouse or close relative notified in the event of illness or injury shall be respected. 2.43 Moreover, if death in detention occurs, the Nelson Mandela Rule No. 71 also states the Prison Director shall report, without delay, any custodial death, disappearance or serious injury to a judicial or other competent authority that is independent of the prison administration and mandated to conduct prompt, impartial and effective investigations into the circumstances and causes of such cases. The prison administration shall fully cooperate with that authority and ensure all evidences are preserved. 2.44 Although the Nelson Mandela Rules pay more attention to inmates in prison, the standards mentioned can also be applied at police lock-ups. Conclusion 2.45 Based on the laws, rules and guidelines as stated above, it can be concluded that in Malaysia, all procedures for inquiry and handling of deaths in custody should refer to CPC and Practice Direction No. 2 2014 by Chief Registrar of Federal Court and Practice Direction No. 1 2007 by Chief Judge of Malaya. 2.46 There is no doubt that the function of an inquest to identify the causes of death in detention is extremely important. Failure or delay in performing the inquiry process can lead to speculations and negative perceptions by the public towards the authority including the police. 2.47 The improvement and revision of current legal system should be given due consideration to ensure the effectiveness of handling cases related to deaths in custody. 32

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