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SUHAKAM
also talked about how the CHRP Forensics Division was established
to conduct medico-legal examinations of persons/remains of victims
suspected of having been tortured; and assessing the health and
condition of persons held (in prison, lock-ups etc.). It would report the
findings to the CHRP and courts.
3. Another focus area was the Istanbul Protocol shared by Dr. Joost Jan
Den Otter from the International Committee of the Red Cross (ICRC)
Malaysia. The Protocol assists in investigating allegations of torture.
The module covers the definition of torture and ill-treatment, ethical
codes, legal investigation of torture, general interview considerations,
international standards and prevention of torture; accountability
measures and safeguards against torture for a person deprived
of liberty.
4. Speakers from the Ministry of Health (MOH), Attorney General’s
Chambers (AGC), the Bar Council, Prisons Department, Royal
Malaysia Police (PDRM), Immigration Department Malaysia, and
forensic consultants and psychiatrists shared their knowledge and
aspirations for the healthcare of detainees in Malaysia.
5. SUHAKAM observed that medical professionals (medical officers,
forensic pathologists) in the public health sector play an essential
role in detainees’ healthcare as they provide crucial information
on the medical history of detainees, especially in cases of custodial
death. Their role should be enhanced so as to improve healthcare
services in detention centres and reduce the occurrence of death
within the system.
6. The two-day seminar, which was held on 19-20 November 2019
in Kuala Lumpur, discussed various challenges and issues at
detention facilities:
a) Lack of resources and services such as a pharmacist, medical
care staff and proper facilities to help detainees with disabilities;
b) The unhealthy environment in detention centres - poor ventilation
and lighting, unhygienic conditions, limited drinking water, no
regular change of clothes, and employing the ‘bucket system’
in cells;
c) Scabies is a common problem in detention centres;
d) The data on deaths in detention centres do not correspond to
the definition of death in custody;