ANNUAL REPORT 2019
15
B. PROMOTION AND OUTREACH
Following a series of programmes on Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT)
held in 2017 and 2018 with Malaysian key stakeholders, SUHAKAM
recognised the need to explore best practices of other states in
overcoming obstacles leading to the accession of UNCAT at the
domestic level. Against this backdrop, SUHAKAM, with funding from the
European Union (EU), hosted a regional dialogue on UNCAT on 8 July in
Kuala Lumpur. This dialogue was aimed at sharing best practices on the
accession and implementation of UNCAT among relevant ASEAN and
OIC member states by regional and international experts.
This dialogue was officiated by YB Mohamed Hanipa Maidin, Deputy
Minister in the Prime Minister’s Office (Law), and participated by
representatives from Malaysian government agencies, civil society
organisations (CSOs), National Human Rights Institutions (NHRIs),
academics, medical practitioners, as well as religious communities.
Among the key issues and recommendations they made were that:
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Malaysia should emulate Islamic countries like Indonesia and Morocco
that have made progress in their anti-torture efforts through the
development of a torture prevention mechanism, or the introduction
of an anti-torture law domestically.
The assumption that Islam and UNCAT are not compatible should not
be a hindrance for Malaysia to ratify or accede to the Convention
and to advance the human rights agenda within the country. This is
because Islam forbids torture and cruelty.
The government should study the compatibility of existing domestic
laws with UNCAT and amend as necessary, or legislate new laws to
give effect to the principles of UNCAT. Legislation is a crucial step
towards effective implementation of the Convention.
That the long-standing issue of overcrowded prisons should be looked
into as it could potentially give rise to incidents of torture and/or illtreatment in places of detention.
That it is necessary for anti-torture advocates to create positive
narratives in Malaysia to effectively portray that torture is
unacceptable to the general public who, by the influence of culture
may possibly perceive torture to be acceptable.
CHAPTER 1
1. REGIONAL DIALOGUE ON MALAYSIA’S ACCESSION TO UNCAT AND
SIDE-EVENTS