Suara Rakyat Malaysia (Suaram) strongly condemns the Prison Department’s obstruction into the custodial death of Gan Chin Eng and the alleged assault of detainees at Taiping Prison.
This blatant interference undermines not only national human rights commission Suhakam’s statutory role but also Malaysia’s commitment to ensuring accountability within places of detention.
The Prison Department’s retraction of its initial approval for Suhakam’s investigation, despite the commission’s legal mandate under the Human Rights Commission of Malaysia Act 1999, is an alarming abuse of authority.
Claims that the inquiry must wait due to an ongoing police investigation are unfounded, as Sections 12(2) and (3) of the act clarify that Suhakam’s investigations on human rights violations can be carried out unless the matter is pending in court.
If “due process” is (to be) followed as stated by Home Minister Saifuddin Nasution Ismail, then Suhakam’s statutory powers that are so explicitly outlined in Malaysian law should not be contravened.
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Saifuddin’s justification of providing cooperation in an “orderly and phased” manner is both untenable and alarming when faced with Suhakam’s independent mandate.
In cases of custodial deaths and alleged abuse by state agents, where transparent and timely investigations are essential, Suhakam’s independent mandate to conduct investigations without obstruction is critical to ensure that justice is not denied to victims and their families.
Allowing state authorities to dictate when and how an independent human rights body can perform its duties sets a dangerous precedent, undermining the very purpose of independent oversight.
Suaram calls on the Ministry of Home Affairs to immediately ensure Suhakam’s unrestricted access to Taiping Prison to conduct its investigations.
The ministry must also, without delay, allow the commission to visit Sosma detainees in Sungai Buloh Prison, following allegations of torture and ill-treatment in custody from their family members, with several police reports already lodged. – Suaram
Sevan Doraisamy is the executive director of Suaram.
AGENDA RAKYAT - Lima perkara utama
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