2.39 Although Malaysia does not participate in CAT, it has participated in 3 human rights treaties, which are Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), Convention on the Rights of the Child (CRC) and Convention on the Rights of Persons with Disabilities (CRPD). Malaysia adheres to the conventions in ensuring the pledged responsibility is integral and in accordance with the legal system of the country. As an example, Article 37 of CRC and Article 15 of CRPD state that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 68 However, Malaysia still expresses its reservation on both articles. 2.40 Apart from CAT, OPCAT, CRC and CRPD which play a role as prevention measures for torture and cruel treatment on detainees including in police custody, rights of a detainee is also underlined in the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) which was accepted and came into effect used on17 December 2015.69The Nelson Mandela Rules is the revised Standard Minimum Rules for the Treatment of Prisoners 1955 (SMRTP). The Rules are named after the late South African President, Mr Nelson Rolihlahla Mandela, who spent 27 years in prison in order to fight for human rights, equality, democracy and peace. 2.41 Compared to SMRTP, the Nelson Mandela Rules allocate more specific provision to protect the detainees from being put under solitary confinement at will and limit the period of time for the confinement.70 When a detainee is in solitary confinement, the detainee is prevented from making any meaningful human contact for at least 22 hours to 15 consecutive days. This can be a contributing factor to cases of death in detention. 2.42 The Nelson Mandela Rules also provide the guidelines whenever death in detention takes place. For example, the Nelson Mandela Rule No. 69 highlights in the event of a prisoner’s death, the Prison Director shall immediately inform 68 Article 37 of Convention on the Rights of the Child and Article 15 of Convention on the Rights of Persons with Disabilities. 69 A/RES/70/1/175. 70 The Nelson Mandela Rule No. 44. 31

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