Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group
Participants’ Recommendations
1.
There must be proactive action by the Judiciary in order not to delay an inquest, and
adherence to Special Proceedings under Chapter XXXII of the Criminal Procedure Code
(Act 593, CPC).
2.
Magistrates need to follow Practice Direction No. 1 of 2007 – Guidelines on Inquest – in
carrying out their duties. The guidelines make specific reference to relevant provisions in
Part VIII, Chapter XXXII, Sections 328-341A of Act 593.
3.
The Judiciary should examine the necessity and grounds as to the number of remand
orders granted to the police.
4.
A Coroner’s Court should be established nationwide with the inclusion of medical officers.
5.
Medical examinations should be carried out on detainees for pre-existing diseases,
external bodily injuries or intoxication (if indicated) when they are taken into custody.
6.
Family-members should be allowed to arrange for a doctor to be present during the first
post-mortem examination.
7.
There is a need to improve logistical support at lock-ups to ensure the safety of detainees
and to minimise any risk of self-harm.
8.
Close-circuit television cameras should be installed in central lock-ups, as has been done
in Jinjang, Kuala Lumpur. Consideration needs to be given to posting a medical officer at
central lock-ups.
9.
Creating the Independent Police Complaints and Misconduct Commission would ensure
transparency in investigating allegations of misconduct.
10. The Enforcement Agency Integrity Commission should also have oversight of complaints
from members of public about police misconduct.
On a separate occasion, Professor Ian Freckelton of the University of Melbourne, shared
Australia’s procedures in the investigation custodial deaths. He said the system:
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Should reflect public confidence by its transparency and rigour;
Assuage community concern;
Assist the closure of grief;
Facilitate the preferring of criminal charges;
Ensure that the public record is correct as to causes of death;
Facilitate the taking of required public health measures; and
Enable avoidance of avoidable deaths.