Previously, such 'torture' after arrest may have been to get suspects to confess their crime - but then after the Criminal Procedure Code was amended, such statements and/or confessions can no longer be used to get convictions, so, why is torture is still happening...(Now, such statements could be used only if the person is charged for making false statements...)113. Admission of statements in evidence. (Criminal Procedure Code)
(1) Except as provided in this section, no statement made by any person to a police officer in the course of a police investigation made under this Chapter shall be used in evidence.
(2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to a police officer in the course of a police investigation under this Chapter and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].
(3) Where the accused had made a statement during the course of a police investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.
(4) Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.
(5) When any person is charged with any offence in relation to-
(a) the making; or (b) the contents, of any statement made by him to a police officer in the course of a police investigation made under this Chapter, that statement may be used as evidence in the prosecution's case.
The Home Ministry has ordered a multi-agency inquiry into the nude squat complaint involving two Singaporeans last week.
Minister Hishammuddin Hussein said the inquiry will involve at least the Immigration Department and the police, and expects that it will start today.
"We have to get to the bottom of it," he told a press conference at the Parliament lobby today.
Hishammuddin said it is not common practice for immigration officers to order suspected illegal immigrants to perform nude squats.
He however declined to elaborate on the issue, saying that it is best to wait for the outcome of the inquiry.Last week, Singaporean Chinese daily Lianhe Zaobao reported that the two women were detained on suspicion of being illegal immigrants after they forgot to stamp their passports en route to Johor Baru for supper on June 9.
The pair were detained at a lock-up in Pontian, where they were allegedly told to strip and perform 10 squats naked before they were given clothes meant for detainees and held for 24 hours.
Hishammuddin evaded numerous questions on the details of the incident, repeatedly stressing that it will all be made known once the inquiry is completed and a report is submitted.
He however defended the Immigration officers manning the immigration checkpoint, stating that the alleged incident was not handled by the department's “frontliners”.
“The way the issue has played out is as if it was committed by the frontliners, but it is wrong to say it was (done by) immigration frontliners. The incident happened at the detention depot,” he said.
Hishammuddin acknowledged that there may be a need to revamp the department's standard operating procedures (SOP), but stressed that any decision to do so must be based on the results of the inquiry.
“(Immigration officers') actions are based on SOP. If (the SOP) does not fulfil the atmosphere and situation of today, then it needs to be changed but it must be based on the investigations,” he said.
Last week's nude squat issue is the second such incident to hit Malaysian shores, after a short video clip made its rounds in 2005 depicting a nude woman doing squats while in police custody.
The incident eventually led to a royal commission of inquiry that came up with a list of recommendations and the mooting of an Independent Police Complaints and Misconduct Commission (IPCMC).- Malaysiakini, 15/6/2011, Hisham: Immediate inquiry into Nude Squat II