Chapter 1 – Report of the Policy, Law and Complaints Group (vi) The Government should review the effectiveness of corporal punishment, coerced interrogations, and other measures that amount to torture under the CAT in deterring crimes as well in getting information; (vii) Malaysia should not consider itself ready to accede to the Convention only when laws and policies are in total compliance with the CAT, because accession should be the basis for gradual changes and improvements; (viii) With regard to the compatibility between Syariah law and the CAT, it was pointed out that corporal punishment under Syariah law is not primarily meant to inflict pain but to shame the offender. The intention of the punishment to humiliate the offender is inconsistent with the objectives of the CAT which include prevention of degrading treatment or punishment; (ix) With regard to lower-level offending, diversion has been proposed as an alternative way of dealing with child offenders as sending them to reform schools has not proven to be effective. This method should also be applicable to adult offenders; (x) With regard to the death penalty, the imposition of the death penalty by countries does not of itself violate provisions of the CAT. The main concern of the CAT regarding the death penalty is the treatment and punishment of the convicted offender pending execution, such as prolonged incarcerations which amount to cruel and degrading treatment; and (xi) The mandatory death penalty, especially in drug trafficking cases, may not have achieved its desired result as there is no clear proof to show that there has been a reduction of such offences due to the imposition of the penalty. The Government must review the law and policy on this matter to achieve more concrete results in the war against drug trafficking. 5. PROPOSED AMENDMENTS TO THE HUMAN RIGHTS COMMISSION OF MALAYSIA ACT 1999 In 2012 and 2013, the Commission made several recommendations to address public perception regarding its independence and also limitations that have impeded the effectiveness of the Commission in carrying out its duties and functions.5 The Commission was invited by the Legal Affairs Division of the Prime Minister’s Department (BHEUU) to present its proposed amendments to the Human Rights Commission of Malaysia Act 1999 (Act 597) to representatives of Government agencies which included 5 SUHAKAM Annual Report 2012, p 88, SUHAKAM Annual Report 2013, p 94 54 BOOK-ANR2016-01-latest.indb 54 08/04/2016 3:32 PM