days under Security Offences (Special Measures) Act (SOSMA) 2012,47 59
days under Prevention of Terrorism Act 2015 (POTA),48 59 days under
Prevention Of Crime Act (POCA) (Amendment) 201549 or 60 days under
Dangerous Drugs Act (Special Preventive Measures) 1985.50
2.5
Detainees being detained in police lock-up under above provisions are
subjected to Lock-up Rules 1953 which cover, inter alia, the process of
admission and release as well as minimum standard of treatment towards
detainees. The is to ensure rights of a detainee whose liberty is being deprived
in accordance with law51 as detainees are vulnerable towards the risk of human
rights violations during police custody.
II. Definition of Deaths in Police Custody
2.6
Based on current laws in Malaysia, there is no specific definition of deaths in
police custody. However, there are several rules and regulations concerning
responsibility of the authority like the police and coroner to investigate the
causes of death in detention in general when it occurs.
2.7
According to the report of Death in or following police custody: An examination
of the cases 1998/99 – 2008/09,52 deaths in custody refer to deaths of persons
who have been arrested or otherwise detained by the police. It includes deaths
which occur whilst a person is being arrested or taken into detention. The death
may have taken place on police, private or medical premises, in a public place
or in a police or other vehicle.
47
Section 4 (5) Security Offences (Special Measures) Act (SOSMA) 2012:
“Notwithstanding subsection (4), a police officer of or above the rank of Superintendent of Police may extend
the period of detention for a period of not more than twenty-eight days, for the purpose of investigation.”
48
Section 4 (1) (a) and 4 (2) (a) Prevention of Terrorism Act 2015.
49
Section 4 (1) (a) and 4 (2) (a) Prevention Of Crime Act (Amendment) 2015.
50
Section 3 (2) Dangerous Drugs Act (Special Preventive Measures) 1985:
“Any person arrested and detained under this section may be detained in police custody for a period not
exceeding sixty days without an order of detention having been made in respect of him under subsection 6(1)”
51
Article 5 of Federal Constitution:
“No person shall be deprived of his life or personal liberty except in accordance with law.”
52
Marina Hannan, Ian Hearnden, Kerry Grace and Tom Bucke, Death in or following police custody: An
examination of the cases 1998/99 – 2008/09, IPCC Research Series Paper: 17,( p 9.)
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