CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP 9. INTERNATIONAL CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (CAT) Since its inception, the Commission has been calling on the Government to accede to, among others, the CAT with a view to abolishing laws and practices that amount to torture, as described by the Convention. To further understand the underlying principles and the issues concerning the CAT, the Commission organised a Roundtable Discussion in November. It was facilitated by Dr Silvia Casale, an expert consultant to the Asia Pacific Forum of National Human Rights Institutions and an expert to the European Committee for the Prevention of Torture. The topics for discussion included the reasons why Malaysia should accede to the CAT, the definition of ‘torture’, the work of the CAT Committee, examples of implementation of the CAT by State Parties, measures for prevention of torture, and the challenges for Malaysia in acceding to the CAT. The Commission reiterates that Malaysia should accede to the CAT as soon as possible and calls on the Government to fulfil its commitment as expressed in the Universal Periodic Review Report, in which it was stated that the appropriate steps are being taken to accede to the CAT. The facilitator and some Government and NGO representatives expressed support for accession to the CAT, highlighting some of Malaysia’s practices in preventing torture that are already in line with principles embodied in the treaty. For example, a government representative said CCTVs are beginning to be utilised to monitor the interrogation process at the Malaysian Anti-Corruption Commission. The facilitator emphasised that no country has fully complied with any treaty, and that accession to treaties such as CAT should be used as a basis for gradual changes and improvements in laws and policies. In this, she disagreed with Malaysia’s approach of acceding to treaties only after laws and policies are put in place. The Commission concurs with the facilitator’s stance on the approach towards accession to treaties. The Commission reiterates that Malaysia should accede to the CAT as soon as possible and calls on the Government to fulfil its commitment as expressed in the Universal Periodic Review Report, in which it was stated that the appropriate steps are being taken to accede to the CAT. 62

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