AMRI CHE MAT
the person who has disappeared, and the need to provide a
simple and prompt recourse in the case, with due guarantees."
Public Inquiry
What is a Public Inquiry?
44.
Generally, a public inquiry is an official review of events or ac�ons ordered by a
government body. A public inquiry accepts evidence and conducts its open
hearings in a more public forum and focuses on a more specific occurrence.
45.
Interested members of the public and organisa�ons may not only submit wri�en
submissions as is the case with most inquiries, but may also be present to listen
to the oral evidence given by the witnesses during the hearing.17
46.
A public inquiry is a mechanism that can be used to achieve SUHAKAM’s mandate
to look into systemic human rights issues with a view to solving them through
systema�c means. By adop�ng a broad-based human rights approach, it can
examine a large number of situa�ons as opposed to an individual complaint. A
public inquiry has a dual focus, fulfilling both fact-finding and educa�onal roles.
An effec�ve public inquiry is one that is supported by the exercise of powers to
subpoena witnesses, to order the produc�on of documents at its hearings, and
to produce a report that will be made public containing recommenda�ons to all
relevant par�es.18
Powers of Inquiry of SUHAKAM
47.
As men�oned above, SUHAKAM’s authority to conduct an inquiry is s�pulated in
Sec�on 12 of the SUHAKAM Act which reads:
“Commission may inquire on its own mo�on or on complaint
12(1) The Commission may, on its own mo�on or on a complaint
made to it by an aggrieved person or group of persons or a
person ac�ng on behalf of an aggrieved person or a group of
persons, inquire into an allega�on of the infringement of the
human rights of such person or group of persons.
17
Public Inquiry h�ps://en.wikipedia.org/wiki/Public_inquiry
(2013, May 7). Report of the Na�onal Inquiry into the Land Rights of Indigenous Peoples (Rep.). Retrieved from
h�ps://drive.google.com/file/d/0B6FQ7SONa3PRbUlnUGcxdzdEWU0/preview
18
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