Posts in category: Press Statement

KUALA LUMPUR (10 JUNE 2026) – The Human Rights Commission of Malaysia (SUHAKAM) welcomes the statement by Home Minister, Datuk Seri Saifuddin Nasution Ismail that the Government is prepared to facilitate further investigations based on the findings and recommendations of SUHAKAM’s Public Inquiry into the incident at Taiping Prison, Perak. The Minister’s assurance that “what is wrong is wrong” and that no wrongdoing will be protected reflects an important commitment to accountability and the rule of law.

The findings of the Public Inquiry revealed serious violations of the human rights of detainees and raised concerns regarding the conduct of certain prison personnel, institutional accountability, and the adequacy of existing safeguards within places of detention. These findings were reached following a comprehensive inquiry process involving witness testimonies, documentary evidence and expert assessments.

In this regard, SUHAKAM hopes that the Royal Malaysia Police (PDRM) will complete its investigations thoroughly, independently and expeditiously, taking into account the findings and evidence presented during the Public Inquiry. Where sufficient evidence exists, appropriate criminal prosecution should be taken against all individuals found to have committed offences, regardless of rank or position.

SUHAKAM further emphasises that accountability should not rest solely with criminal investigations. All relevant agencies, including those responsible for disciplinary oversight, governance, integrity and public service accountability, should undertake the necessary follow-up actions within their respective mandates. Ensuring accountability at every level is essential not only for justice to be served, but also for restoring public confidence in state institutions.

The Commission also welcomes the commitment expressed by the Malaysian Prisons Department to cooperate fully with the relevant authorities and to review the findings and recommendations of the Public Inquiry. Meaningful institutional reform, including the implementation of the Inquiry’s recommendations, is necessary to prevent similar incidents from recurring.

Pursuant to Section 13(3) of the Human Rights Commission of Malaysia Act 1999 [Act 597], SUHAKAM will convene an engagement session with the relevant agencies to obtain updates and monitor the status of actions taken in response to the findings and recommendations of the Public Inquiry. The Commission remains committed to ensuring that the recommendations are meaningfully considered and effectively implemented.

The credibility of any justice system is measured not by how it treats the powerful, but by how it treats those under its custody and control. The Commission therefore urges all relevant authorities to act decisively on the findings of the Public Inquiry and demonstrate that human rights violations will neither be tolerated nor ignored.

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Human Rights Commission of Malaysia (SUHAKAM)
10 June 2026

KUALA LUMPUR (9 JUNE 2026) – The Office of the Children’s Commissioner (OCC) of the Human Rights Commission of Malaysia (SUHAKAM) welcomes the successful conclusion of the Symposium on Children’s Rights Legislative Reform and commends the commitment demonstrated by policymakers, parliamentarians, government agencies, civil society organisations, academics, and child rights advocates in advancing discussions on strengthening Malaysia’s child protection ecosystem. The symposium provided an important platform to assess Malaysia’s progress in implementing its obligations under the Convention on the Rights of the Child (CRC), identify persistent gaps in law, policy and implementation, and explore reforms necessary to ensure that every child enjoys their rights without discrimination and in accordance with the principle of the best interests of the child.

As an independent mechanism mandated to promote and protect the rights of children in Malaysia, the OCC monitors the implementation of children’s rights, receives complaints concerning violations of those rights, and advocates for laws, policies and practices that uphold the rights and best interests of every child. The discussions throughout the symposium highlighted that the advancement of children’s rights requires not only strong legal frameworks, but also effective implementation, adequate resources and coordinated institutional responses.

Malaysia has been a State Party to the CRC for more than three decades. Over the years, Malaysia has undertaken important efforts to strengthen child protection through legislative amendments, policy development and the establishment of various child protection mechanisms. These developments reflect Malaysia’s continued commitment towards building a stronger system for children. Nevertheless, the next phase of child rights advancement requires moving beyond the existence of laws towards ensuring their meaningful implementation. The effectiveness of any legal framework ultimately depends on whether the institutions entrusted with protecting children are equipped with sufficient resources, trained personnel, sustainable funding, and operational capacity to deliver protection in practice.

The OCC notes that many contemporary challenges affecting children do not arise solely from legislative gaps, but also from systemic implementation barriers. These include challenges relating to inter-agency coordination, availability of specialised services, human resource constraints among frontline child protection actors, data collection and monitoring mechanisms, and the capacity to translate policies into timely and effective interventions for children. Existing mechanisms established under the Child Act 2001 and related frameworks must therefore be continuously strengthened to ensure that the safeguards envisioned by law are fully realised. A child protection system is only as effective as its ability to reach children when protection is needed. This requires sustained investment in social services, professionalisation of the child protection workforce, evidence-based policymaking and stronger institutional coordination.

At the same time, the OCC recognises that child rights implementation requires meaningful engagement with Malaysia’s social, cultural and community contexts. The universality of children’s rights under the CRC is strengthened when implemented through approaches that acknowledge local realities while preserving shared fundamental values of dignity, protection, non-discrimination, participation and the best interests of the child. Constructive dialogue involving policymakers, communities, religious leaders, civil society organisations, families and children themselves remains essential in ensuring that reforms are both principled and practically sustainable.

The symposium further highlighted several longstanding child rights issues requiring continued attention, including access to protection for vulnerable children, strengthening child-friendly justice systems, safeguarding children’s health and wellbeing, and ensuring that every child is protected from situations of violence, neglect, exploitation and exclusion. Many of these concerns have been consistently raised by the United Nations Committee on the Rights of the Child, SUHAKAM, the OCC, civil society organisations and child rights advocates. The symposium has provided an important opportunity to reaffirm the need for a whole-of-society approach in strengthening Malaysia’s child protection ecosystem.

Moving forward, the OCC stands ready to support Members of Parliament, government agencies and other stakeholders through evidence-based recommendations, monitoring, research and engagement with children and communities. Ensuring that children’s voices are heard and considered in decision-making processes remains central to building policies that respond effectively to their lived realities. The OCC emphasises that Malaysia’s continued progress in child rights requires translating commitments into measurable outcomes. Strengthening implementation capacity, ensuring adequate resources and addressing systemic barriers are essential to fulfilling Malaysia’s obligations under the CRC and ensuring that every child can grow up in an environment that respects their dignity, rights and full potential.

The OCC hopes that the recommendations and insights emerging from this symposium will contribute to renewed national commitment towards advancing children’s rights and building a sustainable, inclusive and effective child protection system for all children in Malaysia.

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Office of the Children’s Commissioner
The Human Rights Commission of Malaysia (SUHAKAM)
9 June 2026

KUALA LUMPUR (3 JUNE 2026) – The Human Rights Commission of Malaysia (SUHAKAM) expresses deep concern over the growing hostility, discriminatory rhetoric, and online attacks directed at the Rohingya community in Malaysia, particularly during the recent Eid al-Adha celebrations.

The circulation of abusive comments and hateful narratives targeting Rohingya refugees during their religious observances is deeply troubling and reflects a dangerous trend of dehumanisation. Such expressions not only undermine the dignity of an already vulnerable community but also erode the values of compassion, empathy, and respect that are fundamental to Malaysian society.

At a time when the world continues to witness grave atrocities against civilian populations, SUHAKAM reiterates that human suffering must not be measured selectively. Genocide is genocide, regardless of where it occurs. The international community has rightly expressed outrage over the devastation and loss of civilian lives in Gaza. That same commitment to human dignity and justice must extend to all peoples facing persecution, including the Rohingya, who have endured decades of systemic discrimination, statelessness, forced displacement, and mass atrocities in Myanmar.

The Rohingya crisis remains one of the most serious humanitarian and human rights challenges in our region. The findings of international bodies, including the fact-finding mission established by the United Nations, have documented acts that may amount to genocide and crimes against humanity against the Rohingya population. These realities must not be forgotten simply because the victims are refugees living among us.

It is also important to distinguish refugees from migrants. Refugees do not leave their homes voluntarily in search of better economic opportunities. They are forced to flee because of persecution, armed conflict, violence, or serious human rights violations in their countries of origin. The Rohingya, in particular, have endured decades of systematic discrimination, statelessness, and targeted violence that have left them with little choice but to seek safety elsewhere.

The overwhelming majority of Rohingya refugees did not come to Malaysia by choice, but out of necessity and survival. Their presence here is a consequence of circumstances beyond their control. For many, Malaysia serves as a place of temporary refuge while they await durable solutions, including voluntary repatriation when conditions are safe and dignified, or resettlement to third countries willing to provide them with long-term protection. Portraying refugees as opportunistic migrants not only misrepresents their lived realities but also obscures the grave human rights violations that forced them to flee in the first place.

Refugees are, first and foremost, human beings. They are mothers, fathers, children, and families who have fled violence, persecution, and fear in search of safety and dignity. Public discourse that portrays them as less deserving of rights, respect, or compassion risks normalising hatred and fostering social division. SUHAKAM calls upon all Malaysians, including public figures, media practitioners, and social media users, to refrain from spreading harmful stereotypes, misinformation, and inflammatory rhetoric against refugees and asylum seekers. Freedom of expression carries responsibilities and should never be used to incite hatred, discrimination, or hostility towards vulnerable communities.

As a member of ASEAN and a country that has long played an important humanitarian role in the region, Malaysia must continue to uphold the principles of humanity, non-discrimination, and respect for human dignity. Addressing legitimate policy concerns relating to refugee management must never come at the expense of fundamental human rights or human decency.

SUHAKAM stands in solidarity with all victims of persecution and violence, regardless of nationality, ethnicity, religion, or legal status. We urge Malaysians to reject hatred and dehumanisation in all forms and to reaffirm our shared commitment to compassion, justice, and the protection of human dignity.

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Human Rights Commission of Malaysia (SUHAKAM)
3 June 2026

KUALA LUMPUR (25 MAY 2026) – The Human Rights Commission of Malaysia (SUHAKAM) conducted a Public Inquiry into Human Rights Violations During and After the Incident on 17 January 2025 at Taiping Prison, Perak. The Public Inquiry was convened following a complaint received by SUHAKAM on 3 February 2025 from family members of the High Court Detainees (“HCDs”).

The complaint alleged that a group of HCDs had been subjected to human rights violations at Taiping Prison, Perak. Among the allegations of human rights violations brought to SUHAKAM’s attention were:
i. A riot incident involving the use of force by Taiping Prison staff against approximately 80 to 100 HCDs, resulting in injuries; and
ii. The incident also resulted in the death of an HCD named Gan Chin Eng.

Following this, SUHAKAM initiated a Public Inquiry into the incident that occurred on 17 January 2025 at Taiping Prison. The Public Inquiry proceedings commenced on 9 June 2025 and lasted for 3 months and 2 weeks, with the final proceedings (oral submissions) held on 15 December 2025. A total of 50 witnesses testified, and 127 exhibits were tendered during the proceedings.

As a result of the Public Inquiry, the Inquiry Panel confirmed that human rights violations against the HCDs had occurred during and after the incident on 17 January 2025 at Taiping Prison, Perak, as follows:
i. Excessive physical violence was inflicted by a large number of prison staff against the HCDs during the transfer operation from Hall B to Block E on 17 January 2025;
ii. Prison staff abused the use of weapons and security equipment such as batons and pepper spray;
iii. Negligence and incompetence among senior officers of Taiping Prison;
iv. Serious overcrowding issues at Taiping Prison;
v. Prolonged remand detention periods;
vi. Financial allocation constraints from the Government;
vii. Negligence and failure in providing medical treatment to injured HCDs;
viii. Elements of falsification in medical record documentation;
ix. HCDs were subjected to inhumane and degrading treatment following the incident on 17 January 2025;
x. Police reports lodged against the HCDs contained false information;
xi. The Royal Malaysia Police (PDRM) failed to conduct a separate investigation into the acts of violence committed by prison staff against the HCDs; and
xii. Significant delays by the Attorney General’s Chambers in reviewing the PDRM investigation papers and initiating charges in court.

In this regard, the Public Inquiry Panel has proposed the following recommendations:
a) Disciplinary action to be taken against the management and staff of Taiping Prison;
b) PDRM to conduct a separate investigation into the acts of violence committed by prison staff against the HCDs;
c) To conduct a comprehensive study on alternatives to remand and imprisonment in addressing prison overcrowding issues;
d) To abolish the practice of the bucket system at Taiping Prison and all prison institutions;
e) To conduct regular and comprehensive training to all Taiping Prison staff;
f) To ensure that detainees’ basic needs are consistently met;
g) To improve medical and healthcare facilities in prison institutions;
h) To review the continued operation of Taiping Prison at its current site, taking into account its gazettement as a Heritage Building; and
i) Accession to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).

The full report of the Public Inquiry can be accessed at
https://suhakam.org.my/publications/national-public-inquiry-reports/

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Human Rights Commission of Malaysia (SUHAKAM)
25 May 2026

KUALA LUMPUR (15 MAY 2026) – The Human Rights Commission of Malaysia (SUHAKAM) organised the Forum on the Rights of the Indigenous Peoples in Sabah and Sarawak on 6 May 2026 at Kota Kinabalu, Sabah, with the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR).

Held under the theme “Advancing Indigenous Rights, Strengthening Communities, Guiding Human Rights Based Business Practices”, the forum brought together approximately 200 participants, both physically and virtually, from Sabah, Sarawak, and Peninsular Malaysia. Participants included representatives from government agencies, Indigenous leaders and communities, civil society organisations, academia, Indigenous youth and women leaders, as well as representatives from the business sector and government-linked companies (GLCs).

The forum was officiated by Dato’ Seri Mohd Hishamudin Yunus, Chairman of SUHAKAM, who underscored the importance of recognising and protecting the rights of Indigenous Peoples, while ensuring that national development is implemented in an inclusive, equitable and human rights-based manner. Also in attendance was Yang Berhormat Datuk Dr. Maijol Mahap, the Assistant Minister of Local Government and Housing of Sabah.

As a continuation of SUHAKAM’s National Inquiry into the Land Rights of Indigenous Peoples conducted between 2010 and 2012, the forum served as an important platform to amplify the voices, participation, and rights of Indigenous Peoples within the national development agenda. Discussions focused particularly on customary land rights, the preservation of culture and identity, and the overall well-being of Indigenous communities. The forum further reaffirmed that economic growth and national development must be pursued in a manner that is inclusive, fair, and grounded in human rights principles. In this regard, the principle of Free, Prior and Informed Consent (FPIC), as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), was emphasised as a fundamental safeguard to ensure that the rights and interests of Indigenous Peoples are respected in all development initiatives.

The first plenary session focused on strengthening the participation of Indigenous Peoples in sustainable and community-led development, including challenges in ensuring genuinely meaningful involvement in decision-making processes. The second plenary session examined the culture, language and identity of Indigenous Peoples within the context of a modern nation-state, highlighting the importance of preserving cultural heritage as an integral part of community identity and survival. Meanwhile, the third plenary session emphasised the importance of multi-stakeholder collaboration in advancing Indigenous Peoples’ rights collectively, particularly through the roles played by government institutions, civil society and related sectors.

Across the plenary sessions, the forum also highlighted the shared responsibility of all stakeholders in promoting sustainable and responsible business practices aligned with the Malaysia National Action Plan on Business and Human Rights (NAPBHR) 2025-2030. This commitment was further reinforced through a recorded video message delivered by the Deputy Director-General (Policy & Development) of the Legal Affairs Division (BHEUU), Prime Minister’s Department, Dato Dr. Punitha Silivarajoo.

The closing remarks were delivered by Datuk Mariati Robert, Vice Chairman of SUHAKAM, who reaffirmed that the forum reflected SUHAKAM’s continued commitment as a national human rights institution guided by the Paris Principles, international standards that underscore the role of national human rights institutions in promoting, protecting and advocating for human rights independently, transparently and effectively.

SUHAKAM hopes that the forum serves as a catalyst for stronger strategic collaboration among all stakeholders in advancing the forum’s aspirations of “Advancing Indigenous Rights, Strengthening Communities, Guiding Human Rights Based Business Practices”.

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Human Rights Commission of Malaysia (SUHAKAM)
15 May 2026

KUALA LUMPUR (13 MAY 2026) – The Human Rights Commission of Malaysia (SUHAKAM) calls on all Malaysians to uphold the values of mutual respect, dignity, and inclusivity in preserving national unity and social harmony. Malaysia’s diversity has long been the foundation of the nation’s strength. Our multicultural and multireligious society reflects the principles enshrined in the Federal Constitution, including the guarantee of equality and non-discrimination under Article 8 irrespective of religion, race, descent, or background, as well the protection of freedom of expression and human dignity for all persons. However, in recent years, public discourse has increasingly been marked by racial hostility, inflammatory rhetoric, and divisive narratives, particularly on social media and within political spaces.

In conjunction with the remembrance of the tragic events of 13 May 1969, SUHAKAM emphasises that the lessons of history should guide the nation towards greater understanding and unity, rather than fear, division, or political manipulation. Historical events must never be used to justify intolerance, silence legitimate discourse, or fuel racial animosity.

Freedom of expression is a fundamental human right guaranteed under Article 10 of the Federal Constitution and recognised under international human rights standards. However, this right also carries responsibilities. Expressions that incite discrimination, hostility, or violence against individuals or groups based on race, religion, ethnicity, or other protected characteristics undermine social cohesion and threaten democratic values.

SUHAKAM reiterates that efforts to address hate speech and racism must be grounded in human rights principles, including legality, necessity, proportionality, and accountability. Any measures taken by authorities should clearly distinguish between legitimate criticism, public debate, and advocacy on one hand, and genuine incitement to violence or discrimination on the other.

At the same time, SUHAKAM stresses that elected representatives and political leaders bear a heightened responsibility to set a positive example. Members of Parliament, as leaders entrusted with public confidence, should promote respectful engagement, reject racial or religious provocation, and refrain from making statements that may deepen mistrust and polarisation within society. Political differences must never come at the expense of national unity or human dignity. Public institutions, political parties, civil society organisations, media practitioners, educators, and community leaders all share a collective responsibility to foster an environment that encourages constructive dialogue, empathy, and understanding across communities. National unity cannot be achieved solely through slogans or enforcement measures, but through sustained commitment to justice, equality, and respect for diversity.

SUHAKAM also encourages the Government to strengthen human rights education, intercultural dialogue initiatives, and public awareness programmes aimed at combating racism, xenophobia, and prejudice in all forms. Building an inclusive society requires long-term efforts that address misinformation, stereotypes, and hate-based narratives before they escalate into discrimination or violence. National unity must be built on the recognition that every individual, regardless of race, religion, ethnicity, or background, is entitled to equal dignity, protection, and respect.

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Human Rights Commission of Malaysia (SUHAKAM)
13 May 2026

KUALA LUMPUR (27 APRIL 2026) – The Human Rights Commission of Malaysia (SUHAKAM), in its capacity as Chair of the South East Asia National Human Rights Institutions Forum (SEANF), successfully convened the 1st Technical Working Group (TWG) Meeting of SEANF and two side events from 21 to 23 April 2026 in Kuala Lumpur, Malaysia, with participation both in person and virtually.

The 1st TWG Meeting brought together member institutions of SEANF, namely SUHAKAM, the Commission on Human Rights of the Philippines (CHRP), the National Human Rights Commission of Thailand (NHRCT), the Provedor de Direitos Humanos e Justiça (PDHJ) of Timor-Leste, the National Commission on Human Rights of Indonesia (Komnas HAM), and the Myanmar National Human Rights Commission (MNHRC). The three-day engagement also featured meaningful participation from civil society organisations (CSOs), regional experts, and other stakeholders.

The 1st TWG Meeting was officially opened by SUHAKAM Commissioner, Tuan Abdul Kadir Jailani bin Ismail, who underscored the need for SEANF to move beyond dialogue towards coordinated and courageous action, particularly in protecting human rights defenders, advancing human rights in the context of business and climate change, and strengthening regional solidarity in the face of growing challenges

Over the course of the 1st TWG Meeting, SEANF members exchanged updates on key developments, initiatives, and challenges since the 22nd SEANF Annual Conference. Discussions focused on the continued implementation of the 2022–2026 SEANF Strategic Plan, with emphasis on its four strategic priorities: ensuring human rights remain central in a post-pandemic environment, advancing business and human rights, preventing torture and other forms of ill-treatment, and strengthening SEANF as a credible, independent, and effective regional network. Adherence to the Paris Principles was reaffirmed throughout the TWG, underscoring the continued commitment of SEANF members to independence, credibility, and effectiveness in the promotion and protection of human rights.

In line with its leadership role under Strategic Priority 4(a), SUHAKAM shared progress in reviewing SEANF’s institutional framework, including proposed amendments to the Rules of Procedure to enhance clarity on the definition of NHRIs and introduce a two-thirds majority decision-making mechanism where consensus cannot be reached. The 1st TWG Meeting also deliberated on a range of emerging and cross-cutting issues, including the rights of older persons, the Inter-NHRI Mechanism, and the human rights impact of armed conflict and related energy crises in the region. These discussions highlighted the importance of coordinated regional responses and strengthened collaboration among SEANF members.

A dedicated session with CSOs, including the Asian NGO Network on National Human Rights Institutions (ANNI) and Suara Rakyat Malaysia (SUARAM), provided a valuable platform for dialogue on the role of NHRIs in advancing environmental rights and supporting human rights defenders (HRDs). Participants also reflected on the ANNI 2025 Report and explored avenues for joint advocacy and capacity-building.

Two side events further enriched the 1st TWG Meeting. The “Defending the Defenders” session underscored the critical role of NHRIs in protecting HRDs, including child human rights defenders, and addressing challenges such as intimidation and Strategic Lawsuits Against Public Participation (SLAPP). Meanwhile, the Forum on Human Rights, Business and Climate Justice 2026 held on 23 April 2026 examined the intersection of environmental rights, corporate accountability, and climate justice, highlighting the need for stronger governance frameworks and inclusive, rights-based approaches.

The 1st TWG Meeting concluded with a closing address by SUHAKAM Chairman, Dato’ Seri Mohd Hishamudin Yunus, who reaffirmed SEANF’s collective commitment to carry forward the momentum of the meeting by translating dialogue into concrete action, particularly in strengthening the protection of HRDs, including children, while deepening regional cooperation and institutional effectiveness.

The successful convening of the 1st TWG Meeting marks an important step forward as SEANF enters the final year of its current Strategic Plan. SEANF Members reiterated their shared commitments to enhance regional solidarity, respond effectively to emerging human rights challenges, and uphold the fundamental principles of human dignity, justice, and equality across South East Asia.

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Human Rights Commission of Malaysia (SUHAKAM)
27 April 2026

KUALA LUMPUR (24 APRIL 2026) – The Children’s Commissioner refers to the recent decision of the Federal Court, chaired by Chief Justice The Right Honourable Datuk Seri Panglima Wan Ahmad Farid bin Wan Salleh, which dismissed applications by seven inmates seeking a review of their detention ‘at the pleasure’ of the Ruler.

The applications, brought under Order 137 of the Rules of the Federal Court 1995, challenged Section 97(2) of the Child Act 2001, which allows for the indefinite detention of children at the pleasure of the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri, in lieu of the death sentence. The applicants argued that this provision is discriminatory and unjust, particularly in light of reforms under the Abolition of Mandatory Death Penalty Act 2023 and the Revision of Sentence of Death and Imprisonment for Natural Life Act 2023, which now permit adult offenders previously subject to mandatory death sentences, to receive determinate terms of imprisonment as an alternative sentence, while children, falling within the ambit of Section 97 of the Child Act 2001 may still be subjected to the indeterminate period of imprisonment, without a clearly defined sentence and without meaningful judicial review of the continuation of that detention. The Federal Court dismissed the applications, holding that Section 97(2) remains valid in law, that distinctions between adult and juvenile offenders are permissible and that detention ‘at the pleasure’ is non-justiciable as it falls within the prerogative powers of the Ruler.

While the Children’s Commissioner respects the Court’s decision, the continued retention of indefinite detention for offences committed by children remains a matter of grave concern. Such a framework is difficult to reconcile with the core principles of children’s rights, including legal certainty, proportionality, rehabilitation, reintegration and the best interests of the child. A child should never be left without clarity as to the basis, duration and review of his or her detention.

Although Section 97(4) of the Child Act 2001 provides for a mandatory annual review by the Board of Visiting Justices, with potential recommendations for release, this mechanism does not provide sufficient transparency, consistency or accountability. In the absence of clear statutory criteria, regularised disclosure and judicially cognisable safeguards, the review process may operate inconsistently and may fail to provide an effective rights-based pathway towards early release and reintegration.

Anecdotal evidence from past detainees indicate that the period of detention can be exceedingly long, from 15 to over 25 years. There are offenders, who committed the offences when they were children but are now over 40 years old currently languishing in prison under this order. Such a predicament underscores the human rights consequences of a sentencing framework that allows childhood offending to result in incarceration extending far into mature adulthood, without a determinate sentence imposed by the court at the outset. Such an outcome is fundamentally at odds with the philosophy of child justice, which must be directed toward rehabilitation and social reintegration rather than open-ended punitive incapacitation.

In February 2026, the CRC Committee listed Section 97 as an indefinite detention, which is a form of torture and cruel, inhuman and degrading treatment of children. In this regard, upon the recent review of our Country Report on the Convention of the Rights of the Child, the United Nation Committee on the Rights of the Child has explicitly called on Malaysia to repeal Section 97(2) and to establish periodic, rights-based review mechanisms grounded in the best interests of the child.

The need for legal reform is therefore compelling. From a children’s rights perspective, any law governing children in conflict with the law must satisfy at least four minimum requirements: first, the child must know the legal consequences of the sentence imposed; second, detention must remain exceptional and for the shortest appropriate period of time; third, the law must provide a real and reviewable opportunity for release based on rehabilitation and maturity; and fourth, the process must be transparent enough to prevent arbitrary or disproportionate deprivation of liberty. Section 97, in its present form, raises serious concern on each of these fronts.

The Children’s Commissioner therefore calls on the Government to urgently reform Section 97 of the Child Act 2001 by abolishing detention at the pleasure for children found guilty of offences punishable by death penalty and replacing it with a sentencing and review framework that is determinate, transparent, reviewable and fully consistent with constitutional guarantees and Malaysia’s obligations under the UNCRC.

A child-centred justice system must prioritise rehabilitation over punishment and ensure that no child is left in prolonged legal uncertainty.

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Office of the Children’s Commissioner
The Human Rights Commission of Malaysia (SUHAKAM)
24 April 2026

KUALA LUMPUR (23 APRIL 2026) – The Human Rights Commission of Malaysia (SUHAKAM) refers to the recent decision of the Federal Court of Malaysia, in which a 2-1 majority held that judicial caning is constitutional under Malaysian law, following the dismissal of review applications by prisoners challenging their sentences. The majority decision was delivered by Chief Justice The Right Honourable Datuk Seri Panglima Wan Ahmad Farid bin Wan Salleh and Chief Judge of Sabah and Sarawak The Right Honourable Datuk Hajah Azizah binti Haji Nawawi, whilst the dissenting judgment was delivered by Federal Court Judge The Honourable Justice Dato’ Lee Swee Seng.

SUHAKAM reiterates its longstanding position that judicial caning is inherently cruel, inhuman, and degrading, and cannot be reconciled with the constitutional guarantees of dignity and equal protection. International human rights standards, including those reflected in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), consistently regard corporal punishment as incompatible with human dignity.

Whilst caning remains lawful under existing Malaysian legislation, its compatibility with evolving human rights norms remains deeply problematic. SUHAKAM therefore expresses its profound disappointment with the majority decision, which held that judicial caning does not violate constitutional guarantees under Articles 5 and 8 of the Federal Constitution of Malaysia. As reported, the majority ruled that whipping does not infringe the rights to life, personal liberty and equality before the law. Whilst SUHAKAM respects the majority ruling of the Federal Court, we are of the view that the majority decision represents a step backward in the development of a rights-based constitutional order. The interpretation adopted by the majority reflects a narrow and formalistic reading of fundamental liberties, one that does not sufficiently engage with the lived reality, severity and irreversible harm associated with corporal punishment. SUHAKAM emphasizes that constitutional interpretation must be progressive and responsive to contemporary human rights standards; and principles relating to fundamental liberties should be read generously and purposively, particularly where the treatment of individuals implicates dignity and integrity.

SUHAKAM strongly commends the dissenting judgment of Justice Dato’ Lee Swee Seng which represents a more principled, rights-consistent and constitutionally faithful approach. It was an enlightened judgment; a breath of fresh air; and a manifestation of judicial activism. The learned Judge rightly recognised that judicial caning infringes Articles 5(1) and 8(1) of the Federal Constitution, exposes individuals to severe physical harm, long-term psychological trauma, and the risk of death, and constitutes cruel, inhumane, and degrading punishment. The learned Judge further observed that the way whipping is carried out under the Criminal Procedure Code and the Prison Regulations 2000 may result in significant long-term physical consequences. Some prisoners may experience lasting limitations affecting their ability to work, particularly in manual labour, while others may become permanently disabled and unable to support their families. Importantly, the learned Judge proposed that a declaration of unconstitutionality should apply prospectively, meaning that sentences of whipping not yet carried out should not be executed and no further such sentences should be imposed under the relevant legal provisions.

SUHAKAM considers this reasoning to be firmly aligned with international human rights standards and reflective of a progressive constitutional jurisprudence that Malaysia should aspire towards. The dissenting judgment of Justice Lee Swee Seng stands as a powerful affirmation that the Constitution must be understood as a living document, one that safeguards not only legality, but also the dignity and humanity of all persons, including those convicted of offences.

In light of the above, SUHAKAM calls for:

1. a comprehensive review of laws permitting corporal punishment, in line with international human rights obligations;
2. the adoption of alternative sentencing approaches that prioritise rehabilitation over retribution;
3. continuous engagement between policymakers, the judiciary, civil society, and the public to align Malaysia’s legal framework with evolving standards of human dignity; and
4. Malaysia to accede to the UNCAT, a core international human rights treaty adopted by the United Nations General Assembly through Resolution 39/46 on 10 December 1984, and came into force on 26 June 1987.

To date, 176 countries have ratified or acceded to this treaty, with leaving only a small number of countries that have yet to be parties to UNCAT. Within ASEAN, six member states, namely, Timor-Leste, Vietnam, Laos, Indonesia, Philippines, and Thailand are already parties to UNCAT. SUHAKAM fervently hopes that Malaysia will join this growing global and reaffirm its commitment to upholding human dignity and strengthening the protection of fundamental rights for all.

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Human Rights Commission of Malaysia (SUHAKAM)
23 April 2026

KUALA LUMPUR (17 APRIL 2026) – The Human Rights Commission of Malaysia (SUHAKAM) expresses grave concern over the arrest and remand of a TikTok user, reportedly in connection with a video containing remarks against the Prime Minister of Malaysia.

SUHAKAM reiterates that freedom of expression is a fundamental liberty guaranteed under Article 10 of the Federal Constitution and is essential to the functioning of a democratic society. This right includes the freedom to express dissent, criticism, and opinions on matters of public interest, including those concerning public officials and government leadership.

In this context, SUHAKAM emphasises that the arrest and custodial remand of an individual for non-violent expression was a disproportionate and unlawful measure. The use of criminal sanctions in such cases raises serious concerns regarding the shrinking of civic space and risks creating a chilling effect on the exercise of free expression in Malaysia.

SUHAKAM is particularly concerned with the continued reliance on broad and vaguely worded provisions under laws such as the Communications and Multimedia Act 1998 (Section 233) as well as the Sedition Act 1948. These laws have long been subject to criticism for their wide scope and susceptibility to inconsistent interpretation which may result in the undue restriction of legitimate expression, including criticism of public office holders.

While SUHAKAM acknowledges that freedom of expression may be subject to restrictions, international human rights standards are clear that such limitations must meet the strict tests of legality, necessity, and proportionality. In particular, restrictions must pursue a legitimate aim and must be the least intrusive means available. Arrest and detention should be measures of last resort, not default responses to speech-related offences.

SUHAKAM therefore calls on the Government and relevant enforcement authorities to:

1. Immediately review the necessity of custodial measures in this case and similar cases involving non-violent expression;
2. Exercise maximum restraint in the use of criminal laws against individuals expressing opinions online;
3. Undertake a comprehensive review of Section 233 of the Communications and Multimedia Act 1998 and other related laws, with a view to aligning them with international human rights standards on freedom of expression;
4. Ensure that all enforcement actions are carried out in full compliance with due process guarantees, including transparency, accountability, and access to legal representation.

SUHAKAM further underscores that public officials must be prepared to tolerate a higher degree of scrutiny and criticism. The use of criminal law to shield public figures from criticism is inconsistent with democratic principles and undermines public confidence in governance. This incident highlights the urgent need for a rights-based recalibration of Malaysia’s approach to regulating online expression, one that protects individuals from harm without suppressing legitimate dissent.

SUHAKAM remains steadfast in its commitment to safeguarding freedom of expression and calls on all stakeholders to uphold and respect this fundamental right.

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Human Rights Commission of Malaysia (SUHAKAM)
17 April 2026