4) SESSION 4 : OPEN DISCUSSION ON IMPLEMENTING CAT IN MALAYSIA (facilitator: Prof Datuk Dr. Khaw Lake Tee) Discussion Questions: 4.1) What are the foreseeable challenges that Malaysia will have to meet in being a signatory to CAT? • Law reforms, under which all laws, including Syariah laws, having the elements of torture as defined under the CAT will have to be reviewed or repealed. Laws on confession will need to be amended. There will also be a need for judicial reform. Malaysia may not be ready for such big move. • There is no specific law on the prohibition of torture as emphasized under the Convention. • Malaysia’s official position is that it will only accede to international treaties once the laws and practices are in compliance with those treaties. • Procedures for post mortem on deaths may need to be tightened or changed, to determine if the death is due to torture or ill treatment. • Administrative reforms, where the enforcement agencies, prison departments, the military, etc., will need to do away with practices that are not in conformity with the CAT. Trainings and awareness raising will be necessary and it may take time before there are any changes in practices. • The Government’s possible reluctance to accept the definition of “torture” under article 1 (fundamental provision) of the CAT, as evident from Malaysia’s reservations on articles relating to torture in the CRPD and the CRC. 4.2) What are the concerns of Government regarding the interrogation techniques, corporal punishment, etc? • The Government aims to reduce crime rates, and harsh interrogation techniques as well as corporal punishment may be seen as a form of deterrence against crime. • As a large sector of the Malaysian public may support corporal punishment, there may be negative reactions from the public should corporal punishment be abolished, especially for serious crimes. 11