CHAPTER 1 Section 13 of SOSMA 2012 should be repealed to reflect the decision in Saminathan Ganesan v PP1 in which the High Court held that the provision was unconstitutional as it infringes judicial power to grant or refuse bail, which is enshrined in Article 121(1) of the Federal Constitution. Sections 18 and 18B of SOSMA should be amended to be consistent with the Evidence Act 1950. Firstly, to the right to a fair trial and not compelling spouses to testify against their partner. Furthermore, in respect of child witnesses, Section 19 of SOSMA must be brought in line with the Evidence of Child Witness Act 2007 which spells out the procedure for questioning a child witness. SUHAKAM reiterates its stand that there must be an appropriate balance between security laws to protect the nation from threats and upholding human rights and fundamental freedoms. 1.2 REVIEW OF LOCK-UP RULES 1953 The Lock-up Rules 1953 (Rules) were enacted under Section 8 of the Prisons Ordinance 1952. The Ordinance has since been repealed and replaced by the Prison Act 1995. SUHAKAM is concerned that the Rules are inconsistent with the Prison Act 1995, and falls short of international standards, namely the Mandela Rules and Bangkok Rules. SUHAKAM further recommends that the Rules be amended in the light of human rights standards in Malaysia and to be consistent with the Prison Act 1995. The rules should ensure detainees have access to legal representation regardless of their identity or status. Among the concerns raised about lock-ups was the poor conditions that are not within human rights standards will significantly impact the psychological state of the detainees. Well-maintained cells will dramatically reduce custodial death cases. Female detainees should be provided with sanitary products and a proper disposal facility, as this is essential to menstrual hygiene. SUHAKAM recommends that adequate food with proper nutrition and safe and clean drinking water should be made available to detainees at all times.2 Public finance allocation should also be increased to improve procurement, hygiene, delivery, preparation and service of food and water to lock-up detainees. Therefore, SUHAKAM recommends compulsory medical screening upon admission, which is vital to assess a detainee’s health risk. Healthcare for 1 2 [2020] 7 MLJ 681 Rule 22(2) Mandela Rule. ANNUAL REPORT 2020 21