Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group I. COMPLAINTS AND MONITORING DIVISION Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Martin Luther King, Jr. Activist, leader of the African-American Civil Rights Movement As thematic studies are helpful in identifying major issues and providing a foundation for subsequent positive practical action and reform, the Commission conducted two such studies in 2012 on children with learning disabilities and the rights of older persons. This year the Commission embarked on two new thematic studies centred on the right to health as well as healthcare, entitled ‘Deaths in Police Custody’ and ‘The Right to Health in Prison’. These studies were chosen in response to complaints the Commission had received. 1. DEATHS IN POLICE CUSTODY – A STUDY The right to life is a moral principle based on the belief that a human being has the right to live and, in particular, should not to be unjustly killed by another human being. Article 3, Universal Declaration of Human Rights (UDHR) Article 5 of the Federal Constitution of Malaysia guarantees the right to life and liberty of a person, while Article 3 of UDHR also states that everyone has the right to life, liberty and security of person. These rights are important especially for those in detention as they are subject to restrictions and face the risk of ill treatment or degrading conditions. In Malaysia, the number of deaths in police custody is significantly high and this has become a matter of public concern and scrutiny. While the police has the duty and responsibility to maintain peace and order, and to arrest any person who has broken the law, there is also the duty and responsibility to protect the person detained from any harm whether inflicted by himself or others. Hence, when death occurs under police custody, it becomes controversial and distressing, not only to the police but also to the family of the deceased. According to the police, 242 persons have died under their custody since year 2000 to February 2014. Since 2010, the number of death has been increasing from 9 to 20 deaths in 2013. However, 38