Since its establishment in 1999, SUHAKAM have been visiting places of detention on a regular basis as part of its mandate. The Complaint and Monitoring Department in SUHAKAM are responsible for conducting investigations and visits to detention centres in Peninsular Malaysia, Sabah and Sarawak. SUHAKAM had also improved its monitoring by conducting full-fledged audits on detention centres to ensure that human rights standards are complied with by the detaining authorities
- Death in Custody
SUHAKAM takes a serious view of death in custody as every individual is entitled to his/her fundamental right to life as enshrined in Article 5 of Federal Constitution of Malaysia and Article 3 of the Universal Declaration of Human Rights (UDHR). SUHAKAM continues to advise and assist Government in formulating legislation and procedures and recommend the necessary measures to be taken so that the rate of deaths in police custody can be lessen.
SUHAKAM in 2016 published a report based on a study on deaths in police custody.[1]
- Right to Health in Prison
The enjoyment of the highest attainable standard of physical and mental health is a fundamental human right of every human being without discrimination. Therefore, SUHAKAM decided to focus to improve overall understanding of the extent of the health needs among Malaysia’s prisoners, and to advice and assess the planning, delivery and quality of health care and health services in prison with reference from Malaysian law and international treaties such as Section 14 and Section 37(1) of Prisons Act 1995, Regulation 7 and Regulation 18 of Prison Regulations 2000, Article 25(1) of Universal Declaration of Human Rights (UDHR), Article 12 of International Covenant on Economic, Social and Cultural Rights, Article 24 of Convention on the Rights of the Child, Article 25 of Convention on the Rights of Persons with Disabilities and Rule 10 and Rule 18 of United Nations Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders (the Bangkok Rules).
SUHAKAM observed that there is much room for improvement with regard to the provision of health care in prison. In 2014, SUHAKAM initiated a study on “Right to Health in Prisons” to ensure that the conditions of confinement in the country were constitutional and consistent with standards of health, safety and human dignity. In 2017, SUHAKAM published a report on The Right to Health in Prisons in Malaysia. [2]
[1] 2016. DEATHS IN POLICE CUSTODY: A THEMATIC STUDY ON LOCK-UP CONDITIONS AND FACTORS CONTRIBUTING TO THE DEATH. Human Rights Commission Malaysia (SUHAKAM).
[2] 2017. THE RIGHT TO HEALTH IN PRISON RESULTS OF A NATIONWIDE SURVEY AND REPORT. Human Rights Commission Malaysia (SUHAKAM).
