ANNUAL REPORT 2019 SUHAKAM took the following steps in investigating the complaint: i. Obtained feedback from the Investigation Officer of IPD Arau, Perlis; ii. Visited HTF on 13 February, 2019 and gathered input from the doctor who treated Mohd Fairuz; iii. Obtained further information from the complainant on 13 February, 2019; and iv. Visited Perlis Correctional Centre on 14 February 2019, for feedback from the other detainees and his cellmate. SUHAKAM concluded that there was no evidence that Mohd Fairuz had been tortured. This is based on the following facts: i. The medical assistant at the prison did not find any bruises or injuries on any part of Mohd Fairuz’s body (when he examined Mohd Fairuz before he was sent to the hospital); ii. The doctor in charge in the emergency ward also did not detect any bruises or injuries on Mohd Fairuz except for the wound on his forehead; iii. The prison staff who brought Mohd Fairuz to the hospital said that he fell in the van when the driver hit the brakes. He was then made to lie down in the second-row seat. They said that the injuries and scratches on Mohd Fairuz were from that incident. iv. Fellow detainees and Mohd Fairuz’s cellmate confirmed that there was no violence or torture during their stay in Block Damai. However, the investigation showed that several actions need to be taken. As such, SUHAKAM submitted its recommendations based on Section 4(2)(b) Act 597 for consideration and improvement purposes. a) Recommendations to Malaysian Prisons Department i. Ensure that any prisoner who is in need of treatment must be taken to the hospital by ambulance The Prison should send detainees requiring hospital treatment via an ambulance. This would help prevent any injury to detainees during their trip to the hospital. CHAPTER 1 brain haemorrhage. The complainant found that there was an impact injury on Mohd Fairuz’s body. His family members lodged a police report on 30 December, 2018. 67

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