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.
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