Issues During the visit, SUHAKAM interviewed the 39 juvenile detainees. From the interviews, SUHAKAM recorded 2 complaints: i. Two detainees told SUHAKAM that they were beaten and tortured at Sungai Petani District Headquarters (IPD). They added that they were taken to several police stations. SUHAKAM was also informed that the detainees were forced to plead guilty and were subsequently detained under POCA. They were being investigated over a robbery. ii. The second complaint was from another detainee. He said he was beaten and tortured at Dukun Police Station, Negeri Sembilan. The detainee also told SUHAKAM that his custody changed hands between several District Headquarters. They were Sepang IPD, Shah Alam IPD, Subang Jaya IPD, Serdang IPD and Banting IPD. The complainant said he was forced to plead guilty and he was subsequently detained under POCA. The sentencing of a detainee without trial violates Article 9 of the UDHR which states that no one shall be subjected to arbitrary arrest, detention or exile. While Article 10 states that an individual is entitled to a fair hearing to determine any allegations against him, Article 11(1) adds that all persons charged with a criminal offence are entitled to be considered innocent until proven guilty. Besides that, Article 5 of the Federal Constitution also talks about the freedom of self. This prevents an individual from being arrested without reason and without a trial. Article 7(2) has outlined that anyone who has been released cannot be charged repeatedly unless ordered so by a higher court. Although the Federal Constitution states these rights, laws such as POCA still exclude them. Article 5 of the UDHR states that no one may be subjected to torture or cruel, inhuman or degrading treatment. Article 1 of the Convention against Torture (CAT) states that any form of action that causes pain or suffering, either physically or mentally, intentionally for a particular purpose, is a form of abuse that violates human rights. Section 330 of the Penal Code makes it an offence punishable by imprisonment of up to 7 years and a fine for any person who voluntarily causes injury to any person, for the purpose of obtaining a confession or information which leads to the detection of an offence or to return property. Police officers changing hands over detainees is an abuse of power. According to Section 117 of the Criminal Procedure Code (Act 593), regardless of the case involved, 78 SUHAKAM ANNUAL REPORT 2018

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