On the occasion of World Human Rights Day on 10 December), we, the 18 undersigned groups, call on Malaysia to recognise the right of people, including children, to be free from torture or cruel, inhuman or degrading treatment or punishment.
This right must be included in the Federal Constitution.
The Article 7(1) of the Constitution now states: “No person shall be deprived of his life or personal liberty save in accordance with law”.
Article 8(1) states: “No person shall be held in slavery.”
Article 8(2) states: “All forms of forced labour are prohibited…”
- Sign up for Aliran's free daily email updates or weekly newsletters or both
- Make a one-off donation to Persatuan Aliran Kesedaran Negara, CIMB a/c 8004240948
- Make a pledge or schedule an auto donation to Aliran every month or every quarter
- Become an Aliran member
The right to be free from torture or cruel, inhuman or degrading treatment is sadly still not recognised as a constitutional right – and today, it is much needed considering that this right is being violated in schools, universities, armed forces and even by police and law enforcement.
Teachers have been visiting torture, cruel, inhuman or degrading treatment on students. We recall the incident this year where a teacher ‘punished’ students by making them stand under the hot sun.
A 11-year-old student who suffered a heatstroke after being forced to stand in the sun for nearly three hours has since been diagnosed with a nerve condition and is now considered a person with disabilities. – The Sun, 30 May 2024
We recall reports of how children are being subjected torture, cruel, inhuman or degrading treatment.
As for nationwide, the SWD [Social Welfare Department] under the Women, Family and Community Development Ministry (WFCDM) reported that 1,055 child abuse cases were recorded for the first six months of 2022 from January to June. The then deputy minister Datuk Siti Zalilah Yusof said physical abuse constituted the highest category at 578 cases (54.8%), followed by sexual abuse at 417 cases (39.6%) and emotional abuse at 60 cases (5.6%). – The Sun, 10 January 2023)
In September 2024, Malaysian police have rescued 402 children and teenagers that they suspect were physically and sexually abused across 20 care homes. –BBC, 12 September 2024
We also recall the case of:
Six former students of Universiti Pertahanan Nasional Malaysia (UPNM) were sentenced to death by a Malaysian court on Tuesday [23 July] for the murder of navy cadet Zulfarhan Osman Zulkarnain seven years ago… where these students had taken turns pressing a steam iron on the body of the deceased… – CNA, 25 July 2024
We recall how:
A UiTM reserve officer training unit (Rotu) cadet died on 13 November after allegedly enduring a gruelling, unscheduled training session that involved physical abuse. – Malaysiakini, 27 November 2024.
The Armed Forces have given five Universiti Pertahanan Nasional Malaysia (UPNM) cadets the boot and fined them a total of RM189,240 in compensation for being bullies in three separate cases – one of this university student was tortured by his peer, and have now been charged. – Malaysiakini, 30 November 2024.
We recall cases of how domestic workers have been tortured and subjected to cruel, inhumane and degrading treatment:
Beaten and humiliated, forced to shower with the doors open and made to eat from a dog’s bowl using only her mouth. These were among the horrors Indonesian domestic worker …had to endure at the hands of her Malaysian employer… New Straits Times, 30 July 2024
We recall how a police officer assaulted a deaf ride-hailing driver at the end of May:
Ong then rolled down his window to ask in sign language and he was suddenly punched in the face by L/Kpl Taufik. – Star, 27 November 2024
We recall also how, in detention, the police tortured people which in some cases ended up in death. Prime Minister Anwar Ibrahim was also a victim of torture while in custody. He was beaten and ended up with a black eye. The then inspector general of police was found guilty of that crime.
In Malaysia, the police and law enforcement, while carrying out their duties are not permitted to resort to torture or inflict cruel, inhuman or degrading treatment on suspects or others.
Constitutional right
Constitutions in several jurisdiction provide for the right of people to be free from torture or cruel, inhuman or degrading treatment or punishment.
Article 17 of the Turkish constitution states: “No one shall be subjected to torture or mal-treatment; no one shall be subjected to penalties or treatment incompatible with human dignity.”
Article 28G(2) of the Indonesian constitution states: “Every person shall have the right to be free from torture or inhumane and degrading treatment.…”
Section 28 of the Thai constitution states: “Torture, brutal acts or punishment by cruel or inhumane means shall not be permitted.”
Non-ratification of Convention Against Torture
Even though Malaysia has not yet ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Malaysia has the sovereign right to include now in its Constitution the right of people, including children, to be free torture or to cruel, inhuman or degrading treatment or punishment.
Therefore, we urge Malaysia to amend the Federal Constitution to include the this provision: No person shall be subject to torture or to cruel, inhuman or degrading treatment or punishment save in accordance with law.
The inclusion of the words “save in accordance with law” removes the concern that Malaysian law still provides for whipping or caning as a legal sentence.
This will be a pronouncement that Malaysia does not tolerate torture or to cruel, inhuman or degrading treatment or punishment inflicted by any one on children or other people – the only exception being if it is specifically permitted by law.
This will the first step and a clear indication by Prime Minister Anwar Ibrahim’s government that torture or cruel, inhuman or degrading treatment will not be tolerated in Malaysia.
We also urge Malaysia to consider the enactment of laws against torture and to consider ratifying the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, with or without reservations.
Charles Hector and Ng Yap Hwa issued this statement on behalf of the following 18 groups:
- Aliran
- Malaysians Against Death Penalty and Torture (Madpet)
- Teoh Beng Hock Association for Democratic Advancement (TBH-ADA)
- Anti-Death Penalty Asia Network (Adpan)
- Centre for Orang Asli Concerns (COAC), Malaysia
- German Coalition to Abolish the Death Penalty (GCADP)
- Global Women’s Strike
- Hawaii Institute for Human Rights (HIHR)
- Legal Action for Women, UK
- North South Initiative
- Odhikar, Bangladesh
- Persatuan Amal Progresif
- Sabah Timber Industry Employees Union (STIEU)
- Singapore Anti-Death Penalty Campaign (SADPC)
- United Chinese School Committees’ Association of Malaysia (Dong Zong)
- Workers Hub For Change (WH4C)
- Women Against Rape, UK
- Workers’ Assistance Center, Philippines
- Sarawak Dayak Iban Association (Sadia)
- Yaung Chi Oo Workers Association
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
