Preventive Detention 15. The government still enforces laws that provide for preventive detention such as the Prevention of Crime Act 1959, the Prevention of Terrorism Act 2015 and the Security Offences (Special Measures) Act 2012, leading to deprivation of the right to a fair trial, to legal representation and to be presumed innocent until proven guilty. 16. i. Recommendation: Review the Prevention of Crime Act 1959, the Prevention of Terrorism Act 2015, the Security Offences (Special Measures) Act 2012 to repeal provisions of detention without trial. Death Penalty 17. The amendments to the Dangerous Drugs Act 1952 in December 2017, which removed the mandatory death penalty for drug related offences subject to certain conditions, is a positive development. Nonetheless, the death penalty still exists under the Dangerous Drugs Act 1952 and other laws including the Penal Code, Firearms (Increased Penalties) Act 1971, Kidnapping Act 1961, Water Services Industry Act 2006 and the Strategic Trade Act 2010. 18. i. Recommendation: Review relevant laws to remove the death penalty and in the interim, apply a moratorium on the use of the death penalty. Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment 19. SUHAKAM welcomes the amendment to the Child Act 2001 in 2016 that removed corporal punishment for child convicts. Nonetheless, caning remains a form of disciplinary punishment in schools. 20. SUHAKAM is deeply concerned with the poor conditions in many places of detention. The main issues include overcrowding, unsanitary conditions, dilapidated and unsafe detention buildings, and inadequate budget allocated for upkeep of the detention centres. 21. SUHAKAM is troubled by the relatively large number of cases on the ill-treatment of detainees, which possibly amount to torture or inhuman or degrading punishment or treatment. 22. i. ii. Recommendations: Abolish corporal punishment in schools and in the legal system. Ensure all places of detention meet the Standard Minimum Rules for the Treatment of Prisoners. Allocate adequate budget for proper upkeep of places of detention and for new facilities to replace dilapidated ones. Ensure all interrogations by the authorities are video recorded. iii. iv. 3