2.39
Although Malaysia does not participate in CAT, it has participated in 3 human
rights treaties, which are Convention on the Elimination of all Forms of
Discrimination Against Women (CEDAW), Convention on the Rights of the Child
(CRC) and Convention on the Rights of Persons with Disabilities (CRPD).
Malaysia adheres to the conventions in ensuring the pledged responsibility is
integral and in accordance with the legal system of the country. As an example,
Article 37 of CRC and Article 15 of CRPD state that no one shall be subjected
to torture or to cruel, inhuman or degrading treatment or punishment. 68
However, Malaysia still expresses its reservation on both articles.
2.40
Apart from CAT, OPCAT, CRC and CRPD which play a role as prevention
measures for torture and cruel treatment on detainees including in police
custody, rights of a detainee is also underlined in the United Nations Standard
Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) which
was accepted and came into effect used on17 December 2015.69The Nelson
Mandela Rules is the revised Standard Minimum Rules for the Treatment of
Prisoners 1955 (SMRTP). The Rules are named after the late South African
President, Mr Nelson Rolihlahla Mandela, who spent 27 years in prison in order
to fight for human rights, equality, democracy and peace.
2.41
Compared to SMRTP, the Nelson Mandela Rules allocate more specific
provision to protect the detainees from being put under solitary confinement at
will and limit the period of time for the confinement.70 When a detainee is in
solitary confinement, the detainee is prevented from making any meaningful
human contact for at least 22 hours to 15 consecutive days. This can be a
contributing factor to cases of death in detention.
2.42
The Nelson Mandela Rules also provide the guidelines whenever death in
detention takes place. For example, the Nelson Mandela Rule No. 69 highlights
in the event of a prisoner’s death, the Prison Director shall immediately inform
68
Article 37 of Convention on the Rights of the Child and Article 15 of Convention on the Rights of Persons with
Disabilities.
69
A/RES/70/1/175.
70
The Nelson Mandela Rule No. 44.
31