LETTER | Make elimination of torture a reality

LETTERS | The Human Rights Commission of Malaysia (Suhakam) commemorates the United Nations International Day in Support of Victims of Torture today, reiterating our strong commitment to the fight against torture and continued advocacy for the accession to United Nations Convention Against Torture (Uncat) and its Optional Protocol.

Prohibition of torture is enshrined in both Article 3 of the 1948 Universal Declaration of Human Rights (UDHR) and Article 5 of the Federal Constitution of Malaysia. Suhakam calls on the government, as the duty bearer to ensure the prohibition of torture under customary international law, to expeditiously institute measures nationwide, including:

i. Taking steps to reduce the rate of incarceration of detainees and address overcrowded conditions in detention centres.

ii. Ensure prompt and effective investigations into all complaints and reports of torture and other ill-treatment; followed by conduct of prosecution and proceedings in accordance with international standards when credible and admissible evidence exists.

iii. Institutionalise Human Rights training and capacity building for all enforcement officers and public officials to learn about the relevant normative framework and mandate the development of operational practices that respect these norms.

iv. A comprehensive Plan of Action for Torture Prevention be developed, taking into account three interrelated elements including a legal framework that prohibits torture, effective implementation of the legal framework and mechanisms to monitor the legal framework and its implementation. 

This should include reviewing the compatibility and amending existing domestic laws or legislating new laws to give effect to the principles of the Convention; and undertaking legislative, administrative, judicial and policy measures to uphold the fundamental right to personal dignity and security of all individuals.

The conduct of any form of torture and other cruel inhuman or degrading treatment or punishment should no longer be condoned. Suhakam calls on the government to expeditiously repeal any relevant laws, and alternative forms of punishment that do not inflict physical pain shall be instituted in place of meting out corporal punishment.

Given the political will and strong leadership, Suhakam is convinced the elimination of torture can be made a reality in the shortest possible time.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.