KUALA LUMPUR (13 FEBRUARY 2025) – 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 2025.
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 Batu Gajah Correctional Centre, the officers were unjustly denied access to the said inmate. According to the Prison Department, SUHAKAM must postpone the inquiry pending an ongoing police investigation.
Additionally, SUHAKAM was informed that its scheduled investigation visits to Taiping Prison from 12 to 14 February 2025 had also been prohibited for the same reason.
SUHAKAM clearly states its objection to this, emphasizing the following:
- SUHAKAM is empowered under Section 4(1)(d) of the Human Rights Commission of Malaysia Act 1999 [Act 597] to investigate complaints of human rights violations.
- Under Section 14(1)(a) of Act 597, 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 Act 597. Such obstruction constitutes a grave violation of the law and undermines SUHAKAM’s legal obligations. It also contravenes the spirit of amendments to Act 597 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 Act 597 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 Royal Malaysia Police in prison including death in custody cases. 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 SUHAKAM officer’s presence at Batu Gajah Correctional Centre, is an unacceptable violation of statutory duties, prejudicial in nature and entirely unjustifiable.
SUHAKAM are 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 all parties to have allowed SUHAKAM access to independently verify the facts.
SUHAKAM views this matter with utmost seriousness and demands that the Malaysian Prison Department immediately permit SUHAKAM to proceed with investigations without any further hindrance. Additionally, SUHAKAM calls for an official explanation from the Prison 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 Malaysian citizens. 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.
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The Human Rights Commission of Malaysia (SUHAKAM)
Date: 13 February 2025
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