CHAIRMAN’S REVIEW
SUHAKAM continued to express its staunch belief that concrete steps have to be
taken to eradicate all forms of torture. In all circumstances and without exception,
torture is inconsistent with the common beliefs that Malaysia endorses, promotes
and wants to see protected around the world. Our work in relation to this and
specifically on places of detention throughout the year involved nine monitoring
visits to places of detention. SUHAKAM also engaged with the Ministry of Home
Affairs (MOHA), the Prison Department of Malaysia, the Immigration Department
of Malaysia and the Royal Malaysia Police (RMP), and continued to advise on
the principles and relevance of the UN Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (CAT). SUHAKAM has
repeatedly highlighted the serious problems relating to places of detention in the
Country, such as the unacceptable conditions, which fall far short of minimum
standards. While detention populations are still predominantly male, more and
more women and children are being held in places of detention without many
of the necessary changes in infrastructure. SUHAKAM has observed that the
growth of the detention population is not accompanied by an increase in the
necessary resources such as budget. This has an impact on the entire system,
which in turn results in greater pressure on the facility administration and staff.
SUHAKAM has over the years seen the effects of overcrowding in prisons and
immigration detention centres on detainees. This is a serious humanitarian issue
that may lead to such deterioration in living conditions during the detention
period that they sometimes become inhumane. Detainees, particularly those in
immigration detention centres live for long periods in overcrowded cells without
enough room to move or to sleep. Further, being confined in a small space,
often in insanitary conditions makes deprivation of liberty more challenging.
Not only is the human dignity aspect of detainees eroded, but their mental,
emotional and physical health sometimes deteriorates further.
Unfortunately, there is this feeling that there is little interest in the human
rights of detainees, sometimes even regarding them as having lost all of their
human rights by virtue of their detention. This attitude, in our view, is reflected
in Government budgetary priorities and the resources made available for the
running and upkeep of all places of detention in the country. SUHAKAM’s view
is that guaranteeing decent and humane conditions of detention is an essential
aspect of the right to justice and SUHAKAM will continue to speak up on these
issues.
Over the years, SUHAKAM has worked with the RMP on various matters, including
a human rights partnership programme. While SUHAKAM’s engagement with the
police has had differing degrees of success, SUHAKAM has conducted several
training workshops for the police on human rights aimed at improving their level
of compliance with human rights standards in the course of policing, as well
as the sharing of human rights best practices so that these can be integrated
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