CHAPTER 2 LEGAL FRAMEWORKS, POLICIES AND PRINCIPLES OF UNIVERSAL HUMAN RIGHTS ON DEATHS IN POLICE CUSTODY I. Introduction 2.1 In Malaysia, legal provisions concerning deaths in detention are enshrined in Criminal Procedure Code, Penal Code and Practice Direction No. 2 2014 produced by Office of Chief Registrar, Federal Court of Malaysia. However, all provisions only underline the procedures on managing death investigation and inquest proceedings on deaths in detention as well as the punishment if a person is suspected to cause one’s death in detention, without giving a specific definition on deaths in custody. 2.2 Based on CPC, any death in detention can occur whenever involving a person is being detained for investigation purposes by the police, temporary detainees waiting for court proceedings to end and detainees under mental illness at psyschiatric hospitals. However, the study only focuses on the death of detainees45 in police custody. 2.3 Any individuals or detainees can be detained by the police for no longer than 24 hours.46 If the police requires a longer detention, a remand order should be issued by the Court. Maximum period for remand is 14 days and throughout the process, the detainees will be placed in police lock-up. 2.4 However, the detainees can be detained for more than 14 days for investigation of cases concerning terrorism, drugs, and gangsterism, either for a period of 28 45 Detainees for the research consist of the following categories: a. A person who is being detained for the purpose of police investigation; b. A person who is being detained under remand for the purpose of police investigation; c. A person who is being alledged in court and placed in temporary police lock-up before moving to prison; and d. A convict but under trial for other case and is placed temporarily in police lock-up. 46 Article 5 (4) of Federal Constitution: “Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate’s authority;” 20