CHAPTER 2
At the time of writing, 160 out of 193 UN Member States have ratified the CAT
and 10 Member States have signed the Convention, while 27 Member States
including Malaysia has still not acceded to the Convention.
Although in the last Universal Periodic Review (UPR) there were recommendations
for Malaysia to accede to the CAT, the Government clarified that it was not
in a position to immediately sign and ratify the Convention. The Commission is
also aware of the concern of some Government agencies that some provisions
of the UNCAT are incompatible with national laws, policies, and practices.
Nevertheless, the Commission is of the view that this should not be seen as a
hindrance for Malaysia to ratify or accede to the Convention. The Commission
shares the opinion of Claudio Grossman, the former Chairperson of the UN
Committee Against Torture:
States should see ratification as the start of a process which brings them into
compliance with obligations over time, through the mechanisms described in
the Convention.
Therefore, the Government should instead see ratification or accession as the
basis for achieving gradual improvement in laws and policies, with a view towards
demonstrating the country’s commitment to promote and protect human rights
at the domestic level. The Commission is optimistic that the Government could
overcome the perceived obstacles to ratification with assistance from the
Commission, civil society, as well as the international community, particularly
the Convention Against Torture Initiative (CTI), a global initiative spearheaded
by the Governments of Chile, Denmark, Ghana, Indonesia, and Morocco to
assist States on matters pertaining to ratification and implementation of the CAT
and its Optional Protocol.
No country should condone acts of torture or ill-treatment. The primary aim
of the CAT is to protect individuals from harm caused by a State or its agents,
including law enforcers. In order to avoid any negative stamp on Malaysia’s
seriousness to combat torture especially in light of the custodial death cases in
Malaysia, the Commission deems it necessary for Malaysia to prove by example,
through its accession to the CAT, that it is deeply committed to fighting impunity
with regard to crimes against humanity, such as torture and inhuman and/
or degrading treatment; as well as to preventing such acts through effective
legislative, administrative, judicial or other measures.
2.
HUMAN RIGHTS AND TECHNOLOGIES
The Commission and the School of Information Technology (SIT), Monash
University Malaysia, continued their partnership to promote human rights through
technologies as outlined in the Memorandum of Understanding (MoU) signed
on 20 October 2015. Both parties continued to work on their three ongoing joint
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