KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam) commissioner Tengku Mohamed Fauzi Tengku Abdul Hamid has called out Malaysia for its perceived lack of commitment to becoming a torture-free nation.
His remarks are made in light of Malaysia's delay in acceding to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).
He said despite being ratified by 173 countries globally, Malaysia and several ASEAN countries have yet to express interest in that effort.
"Since the adoption of the Universal Declaration of Human Rights in 1948, the prohibition of torture has been a universal principle, with Article 5 stating that "no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment."
"This principle is reinforced internationally through the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and its Optional Protocol.
"Despite Malaysia's Federal Constitution guaranteeing fundamental liberties under Article 5, Malaysia, along with neighbouring countries like Singapore, Myanmar, and within the Asean region, has yet to accede to the UNCAT," he said at the Safe in Custody: Regional Speech competition here today.
Malaysia has, to date, acceded to only three major international human rights treaties - the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of Persons with Disabilities (CRPD).
Tengku Mohamed Fauzi said it is significant to have the torture-free nation principle, as it is crucial for preventing any forms of torture, excessive, inhuman, or degrading treatment or punishment.
The principle also aims to ensure fair treatment of individuals in custody.
"When a person is arrested and detained, whether for investigation, interrogation, or serving their detention, the authorities are fully responsible for ensuring the detainees and prisoners' safety and respecting the rights of the person in custody.
"This includes their access to medical care, protection from any form of abuse or injury and access to legal representation.
"However, the adherence of the authorities to implement proper procedures is a challenge proven by numerous cases of death in custody, the use of force and torture during arrest and interrogation, as well as unconducive detention places."
In 2022, Suhakam reported three investigations into deaths in custody cases, while in 2021, there were 13 cases and 12 cases in 2020.
He added that the prohibition of torture and other cruel, inhuman, or degrading treatment or punishment is a peremptory norm with no exceptions, and no derogation is permitted.
"In other words, freedom from torture is an absolute right recognised by the entire international community worldwide.
"In pursuing the adoption and ratification of international instruments against torture and a torture-free nation, Suhakam has been actively involved in raising awareness and educating the public about torture prevention."
He also urged other non-governmental groups to play their vital roles in holding the government accountable for its commitments made at the international level.
"We hope the government will continue to improve its international standing, including acceding to UNCAT in the near future.
"Perhaps the government also will accept the country visit request by the Special Rapporteur on Torture this year," he said.