Abstracts in English and Arabic.

"A thesis submitted in fulfilment of the requirement for the degree of Master of Comparative Laws." --On title page.

Thesis (MCL)--International Islamic University Malaysia, 2025.

Includes bibliographical references (leaves 145-147).

The subject of deaths in police custody in Malaysia draws significant public interest. A review of the literature reveals inconsistencies in defining deaths in police custody, with varied inclusion and exclusion criteria across different regions, limiting comparability. Some definitions exclude suicides or only consider deaths occurring in police lockups, while others include fatalities linked to police actions, such as during arrests or due to police vehicle accidents. This study aims to examine the legal framework governing deaths in police custody in Malaysia, evaluate its effectiveness in protecting detainees, and identify the challenges faced by the police in these situations. Methodologically, this study adopts the definition that confines the scope to deaths occurring specifically in police lockups. The study seeks to answer three primary questions: What are the laws, procedures, and processes surrounding deaths in police custody in Malaysia? Is the current Malaysian legal framework adequate to protect detainees in police custody? What challenges do the police face in the aftermath of a death in custody? This research utilises two types of data collection methods: the doctrinal approach and qualitative data collection through semi-structured interviews with police officers, selected via purposive sampling to ensure diverse and representative insights. The study also analyses coroners' rulings and recent data on deaths in custody to identify procedural and legal challenges. Simultaneously, the study reveals the challenges faced by the police force following in-custody deaths, illustrating the complexities involved. The study concludes that a thorough and nuanced understanding of the complex issues involved in cases of detainee deaths is necessary, since negative public perception and media sensationalism arising when there is a death in custody point to a lack of understanding of the justice system, especially the investigation process and laws related to such deaths. The study also recommends enhancing institutional safeguards through a two-fold approach. Firstly, adherence to international human rights standards should be prioritised, including integrating human rights training and awareness programmes into the curriculum for law enforcement personnel at all levels. Secondly, it is crucial to ensure that Standard Operating Procedures (SOPs) are consistently enforced across all levels.