MS_19 OCC

Media Statement No. 19-2025 (OCC)_SUHAKAM Appalled Over Low Penalties for Possession of 50,000 Files of Obscene Objects / CSAM

KUALA LUMPUR (17 APRIL 2025)   –   The Children’s Commissioner (CC) of the Human Rights Commission of Malaysia (SUHAKAM), is appalled over the low penalties imposed by the Courts on two individuals arrested for possession of 50,000 files of obscene objects/child sexual abuse material (CSAM). The two individuals pleaded guilty under Section 292 of the Penal Code and were fined RM3,000 and RM6,000 by the Petaling Jaya and Shah Alam Magistrates’ Courts, respectively.

The penalties a are grossly inadequate, especially in light of the efforts by the Royal Malaysia Police (PDRM) and the international cooperation from the authorities in Singapore, Thailand, Hong Kong, Japan, and Korea. The minimal fines were just a slap on the wrist to the offenders who could easily afford to pay them, considering that they were professionals. The manifestly inadequate punishments made a mockery of the justice system.

Section 292 of the Penal Code provides for imprisonment of up to three years, or a fine, or both. The CC calls on the Attorney General’s Chambers (AGC) to appeal against the fines and insist for the imposition of appropriate severe punishments that would have deterrent effect on potential offenders.

The CC also earnestly hopes that, when the two in due course are brought to Court on separate charges under Section 10 of the Sexual Offences Against Children Act 2017, the AGC would impress upon the Court to impose sentences of a nature befitting the seriousness of the crimes committed.

The CC supports the PDRM’s recommendation for legislation requiring telcos and ISPs to retain subscriber data for at least two years. In the present case, as data was only retained for six months, the PDRM could not obtain information linked to the other 16 IP addresses and was only able to act on four, leading to current arrests.

The CC stresses that lenient sentences will not serve the public interest and may give the unintended wrong impression that possession of obscene objects/CSAM is tolerable. Harsher penalties are imperative to convey the message that all such crimes, especially when committed against children, are heinous and should be punished accordingly.

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Dr Farah Nini Dusuki

Children’s Commissioner 

17 April 2025

MS 18_ICERD

Media Statement No. 18-2025_SUHAKAM Calls for Stronger Commitment To Eliminate Racial Discrimination In Malaysia

KUALA LUMPUR (23 MARCH 2025) – In conjunction with the International Day for the Elimination of Racial Discrimination observed on 21 March each year, the Human Rights Commission of Malaysia (SUHAKAM) stresses the importance of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) in advancing Malaysia’s development towards a more inclusive and equitable society.

As we commemorate the 60th anniversary of ICERD, SUHAKAM reiterates its stance that racial discrimination, racism, and xenophobia must be addressed comprehensively through legal, policy, and societal efforts. Article 1 of ICERD defines racial discrimination as any distinction, exclusion, restriction, or preference based on race, colour, descent or national or ethnic origin, which undermines the recognition and enjoyment of human rights on an equal footing. This principle of equality is also enshrined in Article 8(1) of the Federal Constitution, which states that all persons are equal before the law and entitled to equal protection of the law.

Despite Malaysia’s progress in fostering unity and peace, racial discrimination and xenophobic sentiments persist, particularly in public discourse and social policies. It is to be recalled that the COVID-19 pandemic had exacerbated discrimination against non-citizens, refugees, and marginalized communities, highlighting the urgent need for systemic reforms. Racism and xenophobia not only violate fundamental human rights but also impede Malaysia’s socio-economic growth by fostering divisions and eroding social cohesion.

SUHAKAM acknowledges the Government’s initiatives to promote national unity, including the National Unity Policy and Action Plan 2021-2030. However, beyond policy development, effective implementation and enforcement mechanisms must be strengthened to ensure tangible progress. This includes enacting comprehensive anti-discrimination legislation, strengthening human rights education, and promoting greater public awareness to combat racial stereotypes and prejudices.

Malaysia’s commitment to upholding human rights and achieving sustainable development can be reinforced by aligning its policies with the core principles of ICERD. By ensuring equal opportunities and fair treatment for all individuals, regardless of race, ethnicity, or nationality, Malaysia can foster a more resilient, harmonious, and prosperous society.

SUHAKAM fervently advocates for Malaysia to manifest its sincere commitment to the elimination of racial discrimination by imminently acceding to ICERD, one of the core human rights treaties. Be it known that as of today, 182 countries are already parties to this important Convention, including ASEAN member states (except Myanmar, Brunei and Malaysia). Sadly, Malaysia is yet to be a party.

SUHAKAM urges all Malaysians to reject racism and discrimination in all forms and to embrace the values of equality, diversity, and mutual respect. It is imperative that we move beyond the surface of unity and work towards dismantling systemic racial discrimination, in line with international human rights standards.

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The Human Rights Commission of Malaysia (SUHAKAM)

Date: 23 MARCH 2025

MS 17_2025

Media Statement No. 17-2025_SUHAKAM Calls for Enhanced Safety And Accessibility For Persons With Disabilities In Public Transport

KUALA LUMPUR (10 MARCH 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expresses its regret over the tragic incident involving a blind man who was killed by a moving train after falling onto the tracks at the Titiwangsa LRT station. As a State Party to the Convention on the Rights of Persons with Disabilities (CRPD) since 2010, Malaysia has an obligation to ensure that public transport is both accessible and safe for persons with disabilities (PWDs). While Prasarana has made commendable efforts in improving accessibility, equal emphasis on safety measures is crucial to protecting commuters with disabilities.

In this regard, SUHAKAM calls for strategic advocacy to uphold accessibility for PWDs as a fundamental right, as outlined in Section 27 of the Persons with Disabilities Act 2008 [Act 685] and Article 9 of the CRPD. According to Section 27 of Act 685, it is reasonable to expect that Prasarana ensures public transport is not only accessible and usable for PWDs but also equipped with preventive measures to avoid similar incidents in the future.

SUHAKAM marks one year since the launch of its public transport awareness program. On February 23, 2024, in collaboration with Persatuan Orang-orang Cacat Penglihatan Islam Malaysia (PERTIS) and observers from Majlis Kebangsaan Bagi Orang Kurang Upaya (MKBOKU) and the National Council for the Blind, Malaysia, SUHAKAM organized “A Day as a VIP (Visually Impaired Persons): From Act to Implementation.” During the program, participants, blindfolded, traveled via Monorail from Medan Tuanku to Titiwangsa MRT to experience the challenges faced by PWDs. SUHAKAM identified Titiwangsa Station as a key transit hub requiring urgent security and accessibility improvements.

SUHAKAM acknowledges Prasarana’s plan to install Platform Automatic Doors at all LRT stations. We urge for the swift implementation of this initiative, as it will significantly enhance commuter safety by providing a barrier between the station platform and the tracks, thereby preventing unauthorized access and minimizing service disruptions.

While safety upgrades may incur costs, they are essential long-term investments in preventing incidents and ensuring safer commutes. SUHAKAM urges Prasarana to set clear timelines and allocate adequate resources to remove barriers for PWDs. We welcome the Government’s review of train station safety but emphasize the need for a comprehensive, long-term plan to ensure lasting accessibility and security improvements.

In line with this, SUHAKAM is prepared to collaborate with MKBOKU, Prasarana, and NGOs related to PWDs to enhance conditions within the public transportation system. We look forward to constructive engagements with all stakeholders to ensure that public transport is both accessible and safe for everyone.

SUHAKAM also calls on the Government to amend Act 685 to strengthen enforcement mechanisms and protections for PWDs. Achieving meaningful change requires collective action. While authorities must ensure safe transport, the public can also contribute by staying vigilant and empathetic.

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The Human Rights Commission of Malaysia (SUHAKAM)

Date: 10 March 2025

MS 16_2025

Media Statement No. 16-2025_SUHAKAM Urges the Government to Drop Charges Against Human Rights Activists

KUALA LUMPUR (8 March 2025) – The Human Rights Commission of Malaysia (SUHAKAM) urges the government to drop the charges against two human rights activists from Suara Rakyat Malaysia (SUARAM), who are being prosecuted for alleged trespassing at the Ministry of Home Affairs office in Putrajaya. Criminalizing human rights defenders for their advocacy sets a concerning precedent and undermines fundamental freedoms. These activists were merely attempting to submit a memorandum regarding the Security Offences (Special Measures) Act 2012 [Act 747] (SOSMA) alongside detainees’ family members. Their actions were peaceful, lawful and aligned with human rights advocacy.

It is crucial to emphasize that these activists posed no threat to the safety or security of the Ministry’s personnel or premises. Rather than facilitating the peaceful submission of the memorandum, the Ministry reportedly kept the activists waiting for more than two hours without any formal response. Given these circumstances, the subsequent charges against them appear to be an unnecessary escalation of what is essentially a procedural matter.

SUHAKAM firmly upholds the principles of freedom of expression and the right to peaceful assembly, as enshrined in the Universal Declaration of Human Rights (UDHR) and the Federal Constitution. This stance is also in line with the Prime Minister’s announcement regarding amendments to the Peaceful Assembly Act 2012 [Act 736], aimed at better facilitating citizens in exercising their right to assemble peacefully, alongside the subsequent imposed moratorium. The government’s actions must reflect its commitment to reform and ensure that the rights of citizens are genuinely protected. The actions of these activists should be viewed within this framework rather than through punitive lens.

This incident represents a mere technical issue concerning standard procedures for accessing government premises. As such, SUHAKAM urges the authorities to exercise their discretion and reconsider the charges. Law enforcement agencies and government bodies possess the full authority to apply reasoned judgment and demonstrate empathy in cases where the intention behind the actions is neither malicious nor harmful.

Considering this, SUHAKAM calls for the immediate withdrawal of charges against the activists and for a more open, rights-respecting approach in handling future engagements with civil society organizations.

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The Human Rights Commission of Malaysia (SUHAKAM)

Date: 8 March 2025

Template PS 2025

Media Statement No. 15-2025 (OCC)_Children’s Commissioner Condemns Circulation of Video Exposing Child Victim’s Identity in Batang Kali Mosque Case

KUALA LUMPUR (25 FEBRUARY 2022)   –   The Children’s Commissioner of the Human Rights Commission of Malaysia (SUHAKAM) (CC), is appalled by the shocking videos circulating online showing a girl being molested by a 19 year old youth. These videos have gone viral on social media and messaging platforms such as WhatsApp.

What shocked the CC the most was one video where the girl was interviewed by a man allegedly after the incident. In the video, the girl’s face was visible and she appeared terrified.

Section 15(2) of the Child Act 2001 [Act 611] explicitly prohibits the reporting or publishing of images of children under protection at any stage of their case. Violating this provision is a criminal offence, punishable under Section 15(4) of Act 611 by a fine of up to RM10,000, imprisonment of up to five years or both.

Additionally, this act also violates Article 16 of the Convention on the Rights of the Child 1989 (CRC) which guarantees a child’s right to privacy. As a State Party to the CRC since 1995, Malaysia must uphold its commitments to the Convention.

Therefore, the CC urges the following actions:

  1. The Royal Malaysia Police (RMP) must act against those who exposed and disseminated the videos under Act 611.
  2. The Malaysian Communications and Multimedia Commission (MCMC) must immediately direct the persons responsible to remove these videos from online platforms, as per their mandate under Section 51 of the Communications and Multimedia Act 1998 (Act 588).
  3. The public must stop sharing the videos, as doing so further victimizes the girl.

Some argue that sharing the video serves as a warning to parents and guardians to prevent similar incidents. However, this justification is weak, a verbal reminder is sufficient and sharing the video only causes further harm to the girl. If the video continues to spread, she may experience trauma and distress, especially if her case becomes widely discussed in her school and community.

The girl has the right to privacy and dignity as guaranteed by Article 5 of the Federal Constitution. The Social Welfare Department must provide her with counselling and support so she can regain a sense of normalcy. The best interests of the child must always be the top priority, as emphasized in Article 3 of the CRC. Everyone must consider the girl’s well-being first and foremost.

The CC commends the RMP for their swift action in apprehending the perpetrator. The CC is also grateful to the mosque involved, whose functional CCTV system played a crucial role in securing evidence for the case.

With Ramadan just a week away, many families will bring their children to mosques and surau for Tarawih prayers. However, parents and guardians must remain vigilant. A place of worship does not guarantee absolute safety, and children must always be closely supervised.

Additionally, under Section 19 of the Sexual Offences Against Children Act 2017, any individual who is aware of a child being sexually abused is legally obligated to report it to the police. Failure to do so is a criminal offence, punishable by a fine of up to RM5,000 upon conviction.  Ensuring the safety and well-being of children is a shared responsibility. Let us work together to protect them.

-END-

Dr Farah Nini Dusuki
Children’s Commissioner 
The Human Rights Commmission of Malaysia (SUHAKAM)
Date: 25 February 2025

Template PS 2025

Media Statement No. 14-2025_SUHAKAM Calls Upon Malaysian Government to Intensify Effort to Appeal Clemency for Pannir Selvam

KUALA LUMPUR (19 FEBRUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) calls upon the Malaysian Government to intensify its diplomatic efforts in appealing to the Singaporean Government to halt the execution and seek clemency on behalf of Pannir Selvam s/o Pranthaman.

Pannir Selvam, a mere courier, has been sentenced to death under a mandatory penalty that disregards the mitigating circumstances of his case. This sentence is a stark deviation from international human rights standards, and we are deeply concerned about the irreversible consequences of capital punishment, especially in instances where mercy and leniency should be considered.

SUHAKAM’s stance against the death penalty is rooted in our unwavering belief in justice, dignity, and the possibility of rehabilitation for all. The mandatory death sentence strips judges of the discretion to weigh the individual circumstances of each case, undermining the principles of fairness that should form the foundation of any legal system. Although Article 6 of the International Covenant on Civil and Political Rights (ICCPR) permits the use of the death penalty only for the ‘most serious’ crimes, SUHAKAM wishes to emphasize that the Human Rights Committee, which interprets the Covenant, has consistently ruled that drug-related offences do not meet this standard.

The planned execution of Pannir Selvam also violates Article 3 of the Universal Declaration of Human Rights (UDHR), which affirms that “everyone has the right to life, liberty and security of person.” The irreversible nature of the death penalty, particularly in cases with significant mitigating factors, erodes the core values of human dignity and justice.

SUHAKAM stands in support of the statement by UN experts, urging Singaporean authorities to halt the execution of Pannir Selvam and commute his death sentence to imprisonment in line with international human rights law and standards. SUHAKAM stands firm in advocating for justice, compassion, and the inherent rights of all individuals, regardless of nationality or circumstance and therefore, we urge all involved to choose mercy and humanity over irreversible punishment.

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The Human Rights Commission of Malaysia (SUHAKAM)
Date: 19 February 2025

Template PS 2025

Media Statement No. 13-2025_SUHAKAM Against Attempt to Silence Human Right Activist

KUALA LUMPUR (19 FEBRUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expresses serious concern over actions by the authorities that appear to be attempts to silence human rights activists and intimidate the families of detainees who recently held an Anti SOSMA rally outside of Sungai Buloh Prison.

SUHAKAM reminds the authorities that the right to peaceful assembly and freedom of expression are fundamental human rights enshrined in the Federal Constitution and the Universal Declaration of Human Rights.  Any action that restricts or disrupts these rights is contrary to the Federal Constitution law and human rights principles.

These concerns arise due to reports of the temporary detention of Suara Rakyat Malaysia (SUARAM) Executive Director, Sevan Doraisamy, by the police over allegation of trespassing into a restricted area at the Ministry of Home Affairs. Although the police have clarified that he was only called in to give a statement and was not arrested, SUHAKAM, nonetheless, stresses that such action may be seen as intimidation against an activist advocating for human rights.

SUHAKAM defends the rights of the families of the SOSMA detainees to gather peacefully in protest outside Sungai Buloh Prison in solidarity with their loved ones detained under the Security Offences (Special Measures) Act 2012 (SOSMA). We demand that the authorities respect these rights to voice concerns and ensure that no intimidation or harassment occurs.

SUHAKAM commends the government on the recent announcement by the Prime Minister during the Dewan Rakyat seating on 13 February 2025 to amend the Peaceful Assembly Act 2012 seeking to better facilitate the citizens when exercising their right to assemble in peace. This is a move towards a positive direction.

SUHAKAM once again emphasized that any effort to silence activists and prevent freedom of expression and freedom of peaceful assembly is a violation of the Federal Constitution as well as international standards. The authorities must respect these fundamental and human rights.

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The Human Rights Commission of Malaysia (SUHAKAM)
Date: 19 February 2025