Suara Rakyat Malaysia (SUARAM) menyambut baik kenyataan yang dibuat oleh YAB Perdana Menteri, Tun Dr Mahathir Mohamad, berkenaan salahgunakuasa dan penderaan dalam tahanan, termasuklah kematian dalam tahanan.
KUALA LUMPUR – We, the Human Rights Commission of Malaysia (SUHAKAM), the Amnesty International Malaysia (AIM), SUARAM, Bar Council, and Lawyers for Liberty (LFL), call on the Malaysian Government to demonstrate its commitment to combat and prevent torture and inhuman degrading treatment by accessing to the United Nations Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).
The UNCAT was adopted by the UN General Assembly on 10 December 1984 and entered into force on 26 June 1987. Malaysia is among the 27 UN Member States that have not acceded to this 30-year old human rights instrument which provides global measures for the protection of freedom from torture.
As a coalition that has been campaigning for the Malaysia’s ratification of the UNCAT since 2015, we deem it important for Malaysia to become a Party to this Convention which, in effect asserts the responsibility of the Government and its agents including enforcement authorities to comply with the provisions embodied in the Convention and to protect people against torture or other forms of ill-treatment.
We are particularly concerned with the incidents of death in police custody in Malaysia particularly those that were attributed to authority’s negligence and misconduct. These included the deaths of A. Kugan, N. Dhamendran, C. Sugumar, P. Chandran, and Karuna Nithi, Syed Mohd Azlan B. Syed Mohamed Nur, and a recent case S. Balamurugan – all of which have become a matter of public concern and scrutiny. These unfortunate incidents also indicate the possibility of systemic problems in managing and handling detainees in police lock-ups.
The right to life, liberty and security is the fundamental right that all individuals are entitled to, as enshrined in Article 3 of the 1948 Universal Declaration of Human Rights (UDHR). Article 5 of the Federal Constitution of Malaysia further guarantees the right to life and liberty of a person. We firmly believe that these rights are significant particularly to those in detention as they are subject to restriction and are open to the possible risk of being torture and ill-treated.
We echo the recent call made by four international experts on torture in calling upon States to move away from confession-based criminal justice systems as an essential step to prevent torture and ill-treatment, as well as to adopt effective, ethical, and non-coercive techniques in conducting investigations and interviewing all persons, including suspects, victims, and witnesses.
We believe that, in achieving a torture-free nation, one of the key steps that should be taken by the Government is to accede to the Convention which requires State Parties to take effective legislative, administrative, judicial or other measures to prevent acts of torture or other form of ill-treatment.
#Malaysia: We are seriously concerned by allegations of torture and degrading treatment of seven individuals charged with suspected terrorism under the controversial Security Offences (Special Measures) Act 2012 (SOSMA).
We call on the authorities to urgently conduct an impartial and thorough investigation into these allegations. We also urge the Malaysian Government to sign and ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).
In the wake of the attacks in Jakarta last week and the bombing in Bangkok last summer, which have stoked fears across the region, we urge all governments to ensure human rights are protected in their efforts to counter terrorism.
As stated by High Commissioner Zeid earlier this week, the rise of violent extremism and extremist thinking has greatly affected the way in which governments approach human rights. Regrettably repressive measures can actually produce more extremist thinking and unless the governments’ policies support a human rights agenda, extremist ideologies will be reinforced.
Original post can be found here.
Suara Rakyat Malaysia (SUARAM) strongly condemn the use of all forms of torture by any individuals, organizations and governments. The use of torture clearly contravenes all recognized international human rights principles and international law.
The appalling revelations brought forward by lawyers and SOSMA detainee is deplorable to say the least. In a world where the use of torture is internationally condemned and rejected, the possibility where that Government of Malaysia is unofficially or inadvertently complicit in the use of torture must be investigated and ascertained.
While reports that torture was systematically used against Internal Security Act 1960 (ISA) detainees were prevalent, such practices were thought to be a relic of the past with the abolishment of the ISA. The reports submitted by the lawyers and SOSMA detainees makes it clear that the use of torture is not a relic of a past but a tool of the present!
Acknowledging the severe emotional and physical trauma that torture would inflict upon individuals and the implications to the integrity of the criminal justice system of Malaysia, SUARAM calls upon Human Rights Commission of Malaysia (SUHAKAM) and the Enforcement Agencies Integrity Commission (EAIC) to conduct immediate investigations into the alleged use of torture by the authorities. These revelations also suggest that the existing mechanism for accountability and compliance is insufficient and that the IPCMC is very much needed for accountability and compliance with international standards.
SUARAM demand that the Government of Malaysia establish a Royal Commission of Inquiry into the use of torture in Malaysia and issue a clear statement condemning the use of torture by any enforcement agencies.
Further, SUARAM believes that the use of torture can only take place in the absence of judicial oversight and transparent investigation procedures. For the use of torture to be put to an end, laws such the Special Offences (Special Measures) Act 2012 (SOSMA), Prevention of Crime Act 1959 (POCA), Prevention of Terrorism Act 2015 (POTA) and Dangerous Drugs (Special Preventive Measures) Act 1985 (DDA) that gives room for torture to take place must be abolished!
Lastly, SUARAM demand that the Government of Malaysia to sign and ratify the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).
Failure to do so would imply that the Government of Malaysia officially condones and uphold the use of torture in Malaysia contrary to its obligations under international human rights and international law!