Suhakam calls for act dedicated to investigating custodial deaths

KUALA LUMPUR – The Human Rights Commission of Malaysia (Suhakam) is calling for the establishment of an act dedicated to investigating custodial deaths amid staggering statistics recorded last year.

The statistics revealed that in 2020 the Prison Department recorded 363 deaths in custody while the police had 34, with the Immigration Department reporting 50 incidents, and nine cases under the National Anti-Drugs Agency.

According to Suhakam commissioner Datuk Mah Weng Kwai, with the act, it will allow for police enforcement and coroners to carry out their duties in a more productive manner.

“One death in custody is one death too many. It will lend to a smoother implementation of existing laws and be more systematic,” he said in a press conference today.

The statistics showed that health factors were identified as being the main cause of deaths, with the Covid-19 pandemic also playing a role in the high number of lives lost.

Suhakam also pushed for the government to ensure health standards within detention centres are equal to the standards set for the general public. 

“Sufficient financial allocations and manpower should be channelled to the management of detention centres so they are able to increase the quality of health services provided,” said Suhakam commissioner Jerald Joseph. 

The Health Ministry is also urged to set up a custodial health unit, tasked with presiding over healthcare services in detention centres.  

Meanwhile, Joseph said the government’s decision to continue to detain Rohingya refugees in Malaysia without valid reason is a serious infringement of human rights and a waste of resources.

He emphasised the importance of the government recognising the distinction between asylum seekers and refugees, and undocumented migrant workers, and the differing approaches required to address their needs.

“Asylum seekers and refugees who have had their status validated must be provided access to basic human rights such as education, healthcare, and work.

“Just because the government has not signed the 1951 Refugee Convention, it should not be used as an excuse to not recognise the status of refugees.

Malaysia is not signatory to the Convention Relating to the Status of Refugees and its protocols. – The Vibes, October 22, 2021