KUALA LUMPUR (22 JANUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) is deeply concerned with the behaviour of individuals taking the law into their own hands. Recently, a heartbreaking incident occurred at Pasar Tani Padang Astaka Chukai, Kemaman Terengganu, where a 47-year-old victim being a person with mental disabilities was viciously assaulted following his accidental collision into a stall. The police have arrested six suspects aged 18 to 60 years to assist in the investigation pursuant to section 147 Penal Code for the offence of rioting.
The level of violence used was manifestly excessive, profoundly disturbing and humiliating whereby the victim was attacked bodily, mercilessly dragged on the streets and had spicy soup poured on him. It is even more concerning that the perpetrators would behave in such a manner to a mentally disabled person. The use of violence is never acceptable. The public / bystanders have the power to make a significant difference in preventing the escalation of violence by speaking out loudly against it while making it clear such incident will neither be tolerated nor condoned.
SUHAKAM commends the police for the speedy action in arresting the suspects; and calls on the same to expeditiously investigate the incident and accordingly prosecute the wrongdoers, ensuring justice for the victim.
Malaysia is committed to upholding the rights of persons with disabilities (PWDs) under the Convention on the Rights of Persons with Disabilities (CRPD), which includes the essential duty to protect them from harm as stipulated in Article 16 of the Convention. It is vital to recognise that every individual including those with disabilities has the inherent right to life and liberty, as decreed by Article 5 of the Federal Constitution.
It is imperative that the authorities take the necessary measures to deter irresponsible members of the public from taking the law into their own hands. Mob justice has no place in a civilised society that upholds the Rule of Law. It is crucial to remember that no one is above the law.
SUHAKAM believes that it is essential for all government agencies, civil society organisations, and the National Council for Persons with Disabilities (Majlis Kebangsaan bagi Orang Kurang Upaya – MKBOKU) to join forces in solidarity to protect PWDs by expressing our abhorrence for mob justice. We must raise our voices to create an environment where PWDs are recognised and treated with respect and dignity.
In line with the Human Rights Commission of Malaysia Act 1999 [Act 597] and section 9(1)(i) of the Persons with Disabilities Act 2008 [Act 685], SUHAKAM together with MKBOKU, have the important responsibility to promote education and awareness on the need for respect towards PWDs.
SUHAKAM calls for the prompt cessation of these detestable behaviours by members of the public and calls for the imposition of appropriate punitive measures on those who take the law into their own hands. Such actions are vital not only to uphold accountability but also to promote a culture that fosters a more caring environment that abhors violence within the community.
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The Human Rights Commission of Malaysia (SUHAKAM)
Date: 22 January 2025