Member State, Malaysia should focus on the prohibition of torture especially
when conducting official interrogations35 and that investigations should be
carried out if there are allegations of tortures.36Article 2 and 16 of CAT states
that prevention measures should be taken to prevent actions that can lead to e
torture and other cruel, inhuman or degrading treatment or punishment.37
1.30
This research also discussed in detail the Standard Minimum Rules for the
Treatment of Prisoners (SMRTP)38 which outlines the best model for penal
institutions. Commission on Crime Prevention and Criminal Justice has
ameliorated SMRTP as United Nations Standard Minimum Rules for the
Treatment of Prisoners (The Nelson Mandela Rules)39 which focuses on the
health of detainees in prison and also on detainees who can harm other
inmates. The Nelson Mandela Rules focuses on the importance of supervising
the medical team that ensures the health status of the detainees and at the
same time to avoid torture and other cruel, inhuman or degrading treatment or
punishment towards the inmates or detainees.40 It should be understood that
the rules aims to present what is accepted ads good practice in treating
35
Article 1 of CAT defines torture as follows:
“For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a
third person information or a confession, punishing him for an act he or a third person has committed or is
suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent
or acquiescence of a public official or other person acting in an official capacity. It does not include pain or
suffering arising only from, inherent in or incidental to lawful sanctions.”
36
Article 12 and 13.
37
The importance to create prevention measures has been reiterated in Optional Protocol to the Convention
against Torture and other Cruel, Inhuman or Degrading Treatment of Punishment. Further information on
Optional Protocol can be accessed from the website of Office of the High Commissioner for Human
Rightsthrough the following link: http://www.ohchr.org/EN/ProfessionalInterest/Pages/ OPCAT.aspx (Accessed
on 2 December 2015)
38
Accepted in United Nations First Congress on Crime Prevention and Criminal Justice in Geneva in 1955, and
approved by Economic and Social Council with the Resolution of 663 C (XXIV) on 31 July 1957 and 2076 (LXII)
on 13 May 1977.
39
It was approved in General Assembly of United Nations on 17 December 2015. Further information can be
accessed through the following link: https://www.unodc.org/unodc/en/press/releases/2015/May/mandelarules-passed--standards-on-the-treatment-of-prisoners-enhanced-for-the-21st-century.html (Accessed on 30
December 2015)
40
Statement by Ivan Simonovic, Assistant Secretary-General for Human Rights at the “High-Level Launch of the
Nelson Mandela Rules”,New York, 7 October 2015. Further information can be accessed through the following
link:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16577&LangID=E#sthash.pCCwSMPj
.dpuf (Accessed on 22 January 2016)
15