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SUHAKAM
SUHAKAM found that there was no medical screening of Muhammad
Fairuz during his detention. This contravenes Article 10 of the Lock-Up
Rules 1959, as every detainee must be screened by a Medical Officer so
that the health status can be recorded.
SUHAKAM found there was no investigation after his arrest. Investigations
only began after a remand order was obtained from the Magistrate.
SUHAKAM would like to emphasise that the police should investigate
crimes before an arrest and to make full use of the first 24 hours after
arrest. The authorities must respect the fundamental right of a person
to liberty.
SUHAKAM found that the OKT underwent chain remand at several police
districts. Although the remand order was in accordance with Section 117
of the Criminal Procedure Code this provision was abused to remand
the OKT for more than 14 days by taking him to several districts and
obtaining remand orders from different Magistrates. SUHAKAM argues
that as a federal body, PDRM can get information from a centralised
system. Therefore, investigations can be carried out in one IPD rather
than taking suspects to other districts, except for a specific purpose,
such as retrieving evidence.
SUHAKAM said that one policeman gave false testimony when he denied
his participation in the interrogation. He has committed an offence
under the Public Officers (Conduct and Discipline) Regulations 1993, as
provided for under Rule 4 (2) (c), (d), (f), (g) and (j) under Section 15 (2)
of Act 597, if SUHAKAM finds false evidence, those responsible may be
charged under Section 191 of the Penal Code and punishable under
Section 193 of the Penal Code which carries a jail term of up to 3 years
or/and fine.
Allegation of torture against Mohd Fairuz Ahmad Latiffe in Perlis
Correctional Centre
On January 3, SUHAKAM received a report regarding allegations of
torture against Mohd Fairuz bin Ahmad Latiffe at the Perlis Correctional
Centre. Mohd Fairuz was arrested under Section 39(B) Dangerous Drugs
Act 1952 in November 2017 for drug trafficking (generally refers to the
sale and distribution of illegal drugs). According to the complainant,
Mohd Fairuz was admitted to Hospital Tengku Fauziah (HTF) in Kangar on
24 December, 2018, for treatment as he had high blood pressure and a