The human rights commission of Malaysia, Suhakam, expresses its deep concern and strong condemnation over the obstruction faced by its officers while conducting an official investigation into alleged human rights violations involving inmates at Taiping Prison on 17 January.
Suhakam had duly notified the Prison Department of the intention to record the testimony of an inmate at the Batu Gajah Correctional Centre.
Initially, an official approval was granted by the Prison Department headquarters via a letter.
However, upon the arrival of Suhakam officers at the centre, the officers were unjustly denied access the said inmate.
According to the Prison Department, Suhakam had to postpone the inquiry pending an ongoing police investigation.
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Additionally, Suhakam was informed that its scheduled investigation visits to Taiping Prison on 12-14 February had also been prohibited for the same reason.
Suhakam clearly states its objection to this, emphasising the following:
- Suhakam is empowered under Section 4(1)(d) of the Human Rights Commission of Malaysia Act 1999 to investigate complaints of human rights violations
- Under Section 14(1)(a) of the act, Suhakam holds the authority to obtain necessary evidence and examine any individual deemed relevant to its investigation
- The actions of the Prison Department directly contravene Suhakam’s statutory powers, as outlined in Section 4(3) of the act. Such an obstruction constitutes a grave violation of the law and undermines Suhakam’s legal obligations. It also contravenes the spirit of amendments to the act last year in Parliament, where it empowers Suhakam to visit places of detention, institutions and other places without any refusal when Suhakam complies with the provisions of written laws
- No one has the legal authority to obstruct or delay Suhakam’s investigations. Suhakam’s investigative role under the act is distinct and separate from the criminal investigations conducted by the police. In its 25 years of experience, there were many concurrent investigations by both Suhakam and the police in prison, including cases involving deaths in custody. There were no issue or problem due to the concurrent investigations
- The Prison Department’s retraction of the previously granted approval, alongside the denial of access despite the Suhakam officer’s presence at the Batu Gajah Correctional Centre, is an unacceptable violation of statutory duties, prejudicial in nature and entirely unjustifiable
Suhakam is concerned that this matter involves a custodial death, and several prisoners were also injured. Their families are rightly concerned, and it would have been in the interest of justice and of all parties to have allowed Suhakam access to independently verify the facts.
Suhakam views this matter with utmost seriousness and demands that the Malaysian Prisons Department immediately permit Suhakam to proceed with investigations without any further hindrance.
Additionally, Suhakam calls for an official explanation from the Prisons Department, seeking legal justification for the imposed restrictions.
This issue must be resolved urgently to uphold transparency and ensure the effectiveness of investigations into human rights violations affecting the people.
Any obstruction not only compromises the integrity of Suhakam’s work as an independent institution but also undermines Malaysia’s commitment to upholding human rights. – Suhakam
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