Did 60 Prison Wardens TORTURE or assault 100 inmates, resulting in the death of one person - This what SUHAKAM is investigating...
...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.
The Human Rights Commission of Malaysia (SUHAKAM) rightly should be able to do 'SPOT CHECKS' - but sadly the law says '4(d) to visit any place of detention, institution and other place in accordance with procedures as may be prescribed by written laws or specified in the guidelines relating to such place of detention, institution and place and to make necessary recommendations; ...HUMAN RIGHTS COMMISSION OF MALAYSIA ACT 1999.
TThis mean the place to be visited will have notice - and thus they can 'clean up', tamper/destroy evidence, even coach or threaten witnesses. SUHAKAM should have the power to visit and meet anyone without notice.
Now, even after compliance with the notice requirement - SUHAKAM was not allowed in ...to meet the victim or potential witness...
An important HUMAN RIGHTS issue, what is the response of our Prime Minister Anwar Ibrahim...
Remember in cases of death in custody - many are investigating - the police, the Coroner, SUHAKAM - absurd to suggest 'wait until police finish investigation first'. It is so wrong especially when it involves police/public officers and government facilities - the 'INDEPENDENCE' and/or the 'Professionalism" of police is in doubt - How many death in custody cases where the police successfully prosecuted the perpetrator(who is a public officer).
Coroner is a JUDICIAL officer, and is more independent, SUHAKAM is also independent as per law and role...
How fast did SUHAKAM move into action here ?
Media Statement No. 11-2025_SUHAKAM Strongly Condemns the Obstruction of Its Investigation Into Human Rights Violations at Taiping Prison
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.
-END-
The Human Rights Commission of Malaysia (SUHAKAM)
Date: 13 February 2025
Suhakam slams Prisons Dept for 'preventing probe' into Taiping Prison abuse
KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam) has accused the Prisons Department of preventing it from investigating allegations of abuse at the Taiping Prison and the Batu Gajah Correctional Centre.
Suhakam said it was "gravely concerned" and strongly condemned what it alleged was obstruction faced by its officers while conducting investigations into human rights violations in Taiping Prison on Jan 17.
It said it had also officially informed the department of its intentions to record statements from a prisoner in Batu Gajah.
"Initially, official approval was given by the Prisons Department headquarters in writing. However, as soon as Suhakam officers arrived at the Batu Gajah Correctional Centre, they were prevented from meeting with the prisoner.
"Instead, the Prisons Department asked Suhakam to suspend the investigation due to an ongoing police probe," it said in a statement.
It was reported last month that an inmate had died at the Taiping Prison following what the Prisons Department had said was a "provocation" involving inmates who had been transferred there from the Batu Gajah facility.(https://www.nst.com.my/news/crime-courts/2025/01/1166959/prison-departme...)
The department said this after allegations surfaced that the inmates were tear-gassed and suffered other abuse.
Perak police later said the case had been referred to federal police headquarters in Bukit Aman for investigation. (https://www.nst.com.my/news/crime-courts/2025/01/1167005/taiping-prison-...)
On Tuesday, Home Minister Datuk Seri Saifuddion Nasution Ismail had said the matter was still being investigated. (https://www.nst.com.my/news/nation/2025/02/1173701/death-taiping-prison-...)
He had also pledged the ministry's cooperation in the probe. (https://www.nst.com.my/news/nation/2025/02/1173667/home-ministry-pledges...)
Suhakam in its statement said it was given full authority under Section 4(1)(d) of the Suhakam Act to investigate any allegation of human rights violations.
"Under (that section), Suhakam has the authority to gather any evidence it needs or check any individual it deems necessary in its investigations."
Suhakam said the actions it alleges the Prisons Department had taken were "clearly in opposition" of the powers the commission has been given under Section 4(3) of the Suhakam Act.
"The obstructions were a serious violation of the law and undermines the powers of Suhakam," it said.
The commission said the alleged obstruction of its officers was also against the spirit of the amendments to the Suhakam Act approved in Parliament last year that, among others, gave it the power to visit detention facilities and institutions, as well as other places without being prevented by any quarters.
It said the revocation of the approval that had already been granted and the denial of access to the Batu Gajah Correctional Centre was an unacceptable violation of statutory duties, prejudicial in nature, and entirely unjustifiable.
"SUHAKAM is concerned because the issue involves a death in custody and several other prisoners had also sustained injuries.
"Their families have the right to be concerned, and in the interests
of justice, Suhakam must be allowed to independently verify the facts,"
it said. - NST, 14/2/2025
Suhakam barred from jail probe in first obstruction in 25 years
It comes just days after the arrest of two activists for turning up at the home ministry to hand over a memorandum on prisoners' rights.
The Prison Department has denied the Human Rights Commission (Suhakam) access to interview an inmate as part of an investigation into the death of a prisoner who was allegedly assaulted at Taiping Prison last month, in what has been described as the first such obstruction of the government's human rights body since it was set up during Dr Mahathir Mohamad's era more than two decades ago.
Authorities cited an ongoing police investigation as reason to bar the commission's officers, a move condemned by Suhakam as an "unacceptable violation of statutory duties, prejudicial in nature and entirely unjustifiable."
"In its 25 years of experience, there were many concurrent investigations by both Suhakam and the police in prison including death in custody cases. There were no issue or problem due to the concurrent investigations," the commission said.
Suhakam said that after getting approval from the Prison Department, its officers arrived at the Batu Gajah Correctional Centre to record a testimony of an inmate, only to be told that they could not proceed as there was an ongoing police investigation.
Meanwhile, Suhakam's scheduled visits to Taiping Prison this week have also been cancelled by prison authorities.
The Human Rights Commission of Malaysia Act empowers Suhakam to obtain evidence from anyone when investigating alleged human rights violations.
"No one has the legal authority to obstruct or delay Suhakam’s investigations," it said.
The decision to bar Suhakam officers comes despite an earlier assurance by Home Minister Saifuddin Nasution to co-operate with the commission in investigating the prisoner's death.
It also comes on the back of the arrest of two human rights activists who turned up at the home ministry in Putrajaya to submit a memorandum on the rights of prisoners detained under the draconian Security Offences (Special Measures) Act, or Sosma.
Sevan Doraisamy and Azura Nasron of rights group Suaram were detained and questioned after police accused them of illegally entering the home ministry complex.
Police later said the duo had not been arrested, while the home ministry warned the public against "unnecessary speculation".
Rights group Lawyers for Liberty (LFL) however said footage clearly showed that there had been a "clear-cut arrest".
"What is appalling is that not only have the police blatantly lied in their statement, but the home ministry have issued a threat to the public from discussing the arrest of a prominent activist. This is a matter of grave concern," said LFL director Zaid Malek. - Malaysia Now, 14/2/2025
Allow Suhakam into Taiping prison for custodial death probe, govt urged
Suaram says barring the human rights commission from holding its inquiry at the facility is a violation of the Suhakam Act 1999.
Suaram executive director Sevan Doraisamy criticised the prisons department for retracting its initial approval for Suhakam to visit the prison to hold its inquiry.
He said this was a clear breach of the Suhakam Act 1999, which gives the commission the authority to hold an inquiry into a complaint unless the matter is pending in court.
“Claims that the inquiry must wait due to an ongoing police investigation are unfounded.
“If ‘due process’ is to be followed as stated by home minister Saifuddin Nasution Ismail two days ago, then Suhakam’s statutory powers that are so explicitly outlined in Malaysian law should not be contravened.
“Saifuddin’s justification of providing cooperation in an ‘orderly and phased’ manner is both untenable and alarming when faced with Suhakam’s independent mandate,” he said in a statement.
Sevan said it was crucial for Suhakam to be allowed access to Taiping prison immediately as investigations into deaths in custody needed to be carried out in a timely manner to ensure justice.
“Suaram calls on the home ministry to immediately ensure Suhakam’s unrestricted access to Taiping prison to conduct its investigation.
“The home ministry must also allow the commission to visit Sosma detainees in Sungai Buloh prison, following allegations of torture and ill-treatment in custody, with several police reports already lodged,” he said.
In a statement yesterday, Suhakam hit out at the prisons department for obstructing its officers during an official investigation into alleged human rights violations involving inmates.
It said prison officers had barred Suhakam from speaking to an inmate at the Batu Gajah correctional centre and cancelled scheduled visits to Taiping prison.
Bukit Aman is investigating the alleged assault of more than 100 Taiping prison inmates by the prison’s officers, which purportedly led to the death of one prisoner.
There were claims that some 60 prison wardens had assaulted more than 100 prisoners in Taiping prison recently, allegedly leading to the death of one inmate. - FMT, 14/2/2025
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