Key Issues 4. LAW ENFORCEMENT (a) Exercise of Police Powers The Commission has continued to receive numerous complaints against the police, involving alleged inaction in investigating reports, excessive use of force and abuse of remand procedures. The Commission has previously recommended that every interrogation room be equipped with closed-circuit television cameras; that every detainee be examined by a medical doctor before and after an interrogation session; and that every report against police officers be investigated by the federal or state police headquarters to deter allegations of bias. The Commission further recommends that the police force use forensic science to support investigations in order to avoid physical contact with arrested persons especially during interrogation. Furthermore, no physical or mental pressure should be exerted on suspects, witnesses or victims in attempting to obtain information. Initial investigations should be conducted before making an arrest. Training should be continuously provided on arrest procedures, the rights of those arrested and techniques of effecting arrest safely and humanely. (b) Death in Police Custody The police force has responded to a request to notify the Commission of any death in custody within 24 hours, with eight cases having been reported as at 31 December. The Commission is currently drafting a Standard Operating Procedure on handling such cases upon notification. The Commission is serious about identifying ways to avert death in custody and asserts that the safety of detainess cannot be compromised by the authorities. In this regard, the Commission recommends that health screening be carried out by the police when a person is arrested and detained, and that family members are contacted for information on ongoing treatment or medication requirements. Ailing detainees must be referred to medical practitioners. 5. RIGHTS OF VULNERABLE GROUPS (a) Children In August, there was widespread public outrage, which the Commission shared, when two individuals were each freed on a bond of good behaviour after being convicted of statutory rape – the ‘consent’ of the child victims appeared to be a mitigating factor in each case. The penal laws recognise that a child may lack the necessary maturity to give real consent or may be unduly influenced into giving apparent consent. There is also prohibition of sexual relations with a female child under the age of 16, regardless of ‘consent’ on her part. Hence, the resulting proposal to amend Section 376 of the Penal Code to provide for a mandatory custodial sentence for those convicted of statutory rape is praiseworthy. Dato’ Seri 16