World Human Rights Day Statement – 10/12/2024(18 Grps)
Towards a Constitutional guarantee that Malaysia will not tolerate torture or cruel, inhuman or degrading treatment or punishment of children or any persons
On the occasion of the World Human Rights Day (10th December), we, the 18 undersigned groups calls on Malaysia to recognize the right of persons, including children, to be free from torture or to cruel, inhuman or degrading treatment or punishment. This right must be included in the Federal Constitution.
The Malaysian Federal Constitution Article 7(1) now states that, ‘No person shall be deprived of his life or personal liberty save in accordance with law’. Article 8(1) says that ‘No person shall be held in slavery.’ Article 8(2) says that ‘All forms of forced labour are prohibited,…’
The right to be free from torture or cruel, inhuman or degrading treatment is sadly still NOT recognized as a Constitutional Right – and today, it is much needed considering that the fact that this right is being violated in schools, universities, armed forces and even by police and law enforcement.
Teachers have been visiting torture, cruel, inhuman or degrading treatment on students. We recall the incident this year where a teacher ‘punished’ students by making them stand under the hot sun – a 11-year-old student who suffered a heatstroke after being forced to stand in the sun for nearly three hours has since been diagnosed with a nerve condition and is now considered a person with disabilities (PwD).(The Sun, 30/5/2024)
We recall reports how children are being subjected torture, cruel, inhuman or degrading treatment. ‘As for nationwide, the SWD[Social Welfare Department] under the Women, Family and Community Development Ministry (WFCDM) reported that 1,055 child abuse cases were recorded for the first six months of 2022 from January to June. The then deputy minister Datuk Siti Zalilah Yusof said physical abuse constituted the highest category at 578 cases (54.8%), followed by sexual abuse at 417 cases (39.6%) and emotional abuse at 60 cases (5.6%).’ (The Sun, 10/1/2023) In September 2024, Malaysian police have rescued 402 children and teenagers that they suspect were physically and sexually abused across 20 care homes.(BBC, 12/9/2024)
We recall the case of ‘Six former students of Universiti Pertahanan Nasional Malaysia (UPNM) were sentenced to death by a Malaysian court on Tuesday (Jul 23) for the murder of navy cadet Zulfarhan Osman Zulkarnain seven years ago… where these students had taken turns pressing a steam iron on the body of the deceased…’ (CNA, 25/7/2024)
We recall how a UiTM Reserve Officer Training Unit (Rotu) cadet died on Nov 13 after allegedly enduring a grueling, unscheduled training session that involved physical abuse.(Malaysiakini, 27/11/2024). Armed Forces have given five Universiti Pertahanan Nasional Malaysia (UPNM) cadets the boot and fined them a total of RM189,240 in compensation for being bullies in three separate cases – one of this University student was tortured by his peer, and have now been charged
We recall cases of how domestic workers have been tortured and subjected to cruel, inhumane and degrading treatment. ‘Beaten and humiliated, forced to shower with the doors open and made to eat from a dog's bowl using only her mouth. These were among the horrors Indonesian domestic worker …had to endure at the hands of her Malaysian employer...’ (NST, 30/7/2024)
We recall how a police officer assaulted a deaf e-hailing driver on end of May. ‘Ong then rolled down his window to ask in sign language and he was suddenly punched in the face by L/Kpl Taufik.’(Star, 27/11/2024)
We recall also, how in detention, the police tortured people which in some cases ended up in death. Our Prime Minister Anwar Ibrahim was also a victim of torture whilst in custody, where he was beaten and ended up with a ‘black eye’ – the then Inspector of Police was found guilty of that crime.
In Malaysia, the police and law enforcement whilst carrying out their duties are not permitted to resort to torture or inflict cruel, inhuman or degrading treatment on suspects or persons.
The Right to Be Free From Torture in Constitution
Constitutions in several jurisdiction, provides for the right of persons to be free from torture or to cruel, inhuman or degrading treatment or punishment.
Article 17 of the Constitution of Turkey states, ‘No one shall be subjected to torture or mal-treatment; no one shall be subjected to penalties or treatment incompatible with human dignity.’
Article 28G(2) of the Indonesian Constitution states, Every person shall have the right to be free from torture or inhumane and degrading treatment, …
Section 28 of Thailand’s Constitution, amongst others, states ‘Torture, brutal acts or punishment by cruel or inhumane means shall not be permitted.’
Non ratification of CAT not a bar to providing the right in law
Even though Malaysia has yet to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Malaysia has the sovereign right to include now in its constitution the right of persons, including children, to be free torture or to cruel, inhuman or degrading treatment or punishment.
Therefore, we urge Malaysia to amend the Federal Constitution to include the provision that ‘No person shall be subject to torture or to cruel, inhuman or degrading treatment or punishment save in accordance with law’. The inclusion of the words ‘save in accordance with law’ removes the concern that Malaysian law still provides for whipping/caning as a legal sentence.
This will be a pronouncement that Malaysia does not tolerate torture or to cruel, inhuman or degrading treatment or punishment inflicted by any one on children or persons. The only exception being if it is specifically permitted by law. This will the first step, and a clear indication by Prime Minister Anwar Ibrahim’s government that torture or cruel, inhuman or degrading treatment will not be tolerated in Malaysia.
We also urge Malaysia to further consider enactment of laws against torture, and also consider ratifying of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, with or without reservations.
Charles Hector
Ng Yap Hwa
For and/on behalf of the following 18 listed groups
ALIRAN
MADPET (Malaysians Against Death Penalty and Torture)
Teoh Beng Hock Association for Democratic Advancement (TBH-ADA)
Anti-Death Penalty Asia Network(ADPAN)
Centre for Orang Asli Concerns (COAC), Malaysia
German Coalition to Abolish the Death Penalty (GCADP)
Global Women’s Strike
Hawai'i Institute for Human Rights (HIHR)
Legal Action for Women, UK
North South Initiative
ODHIKAR, Bangladesh
Persatuan Amal Progresif
Sabah Timber Industry Employees Union (STIEU)
Singapore Anti Death Penalty Campaign (SADPC)
United Chinese School Committees’ Association of Malaysia (Dong Zong)
WH4C (Workers Hub For Change)
Women Against Rape, UK
Workers' Assistance Center, Philippines
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