CHAPTER 1 INTRODUCTION I. Research Background 1.1 According to Article 5(1) of Federal Constitution, no person may be deprived of personal liberty except in accordance with law and he has the right to be informed of the reasons of his arrest and to be legally represented by a lawyer of his choice.3 The right to liberty is also stated in Article 3 of Universal Declaration of Human Rights (UDHR)4 which forms as a foundation for the Declaration. Hence, a person who is arrested is presumed innocent until there is evidence against him in the court of laws. Therefore, the arrested person shall not be subjected to humiliating and degrading treatments.5 1.2 Undoubtedly, civil societies describe the police as a legitimate organization in executing the duty of combating crimes and this is stated by James J. Willis6 as follows: “… attempts to reshape the structures and process of accountability and control between the police and the community illuminate the importance of the degree to which the public perceives the police as legitimate.”7 This means the police that is a legitimate enforcement body responsible for fighting crimes and at the same time carrying out a duty in a complex situation, can get easily distracted due to their high accountability in executing the task as law enforcers and have a great responsibility in ensuring that detainees while in 3 Article 5(3) of Federal Constitution. Article 3 of Universal Declaration of Human Rights (UDHR) states that everyone has the right to life, liberty and security of person. 5 Article 10(1) International Covenant on Civil and Political Rights (ICCPR). 6 Willis J.J; Reisig and Kand (eds). A Recent History of the Police from The Oxford Handbook of Police 7 Willis J.J; Reisig and Kand (eds). A Recent History of the Police from The Oxford Handbook of Police and Policing. Oxford University Press 2014. (pp 3-33). 4 1