Role of NHRI in Preventing Torture and other forms of ill-treatments Sevan Doraisamy Executive Director SUARAM Malaysia

Fine ART of physical and mental torture ISA: Home of Torture Fine ART of physical and mental torture Internal Security Act (ISA)

Laws and Amendments that preserves torture Legislative Amendments: 1. SOSMA 2012 (Security Offences) 2. POCA or PCA (Prevention of Crime Act) 2013 3. POTA 2015 (Prevention of Terrorism Act) 2015 4. DDA Act – 2015

Death in Police Custody & Police Abuse of Power

How are “national security” and “public order” defined in laws that directly affect the work of human rights defenders and democracy activists (e.g. in laws relating to public assemblies and access to funding)? Targets

Sedition Act Arrest: 2015 http://says.com/my/news/sedition-act-2015-who-have-been-arrested-investigated-and-charged-so-far

The role of National Human Rights Institution (NHRI) or Commission in preventing torture and other forms of ill treatment. The main role of NHRI is promoting ratification and implementation of international law in Malaysia. Raising public awareness, public education which can build greater knowledge and understanding.

Recommendations The NHRIs should have guidelines to be followed by the States in event of torture. The example can be drawn from the Indian NHRC which has guidelines on custodial deaths etc. calling for videography of postmortem and submitting it to NHRC within 48 hours. The NHRIs should communicate through website and reports about actions taken on torture cases. Most of the times despite having good practices and guidelines, civil society is unaware about action taken or not taken by the commission. It has escalated in the absence of annual reports for almost half a decade for many NHRIs.

The NHRIs should initiate a UN CAT campaigns The NHRIs should initiate a UN CAT campaigns. There have been many campaigns by the civil society. NHRC more often has been seen distanced away from campaigns and calls to end torture. NHRIs should recognise torture and initiate campaigns and public education on issue of torture. SUHAKAM’s UN CAT. With regard to torture and HRDs, HRDs face torture not from the point of arrest or abduction but also by threats and intimations. NHRIs need to strengthen the HRD efforts and establish structures which HRDs can approach in distress and risk. The status of focal points on HRDs in each NHRI should be that of a commissioner so that the focal point have powers to immediately intervene.

It has been increasingly seen the use of violence on peaceful assemblies in the recent years. NHRIs need to intervene immediately to ensure the right to peaceful assembly and associations. NHRIs need to be present, probably through observers, during peaceful assemblies, to ensure that no violence by the State forces is initiated. Hotline, Observers, Negotiator, Visit Police Stations. In many countries in Asia, CSOs are threatened and harassed by the State often leading to canceling of their registration and freedom to associate and operate. NHRIs need to intervene through cases, statements, studying of such related laws etc. to ensure right to freedom of association continues in democratic spaces.

NHRIs should ask the respective governments to ratify UN CAT NHRIs should ask the respective governments to ratify UN CAT. Many countries in Asia still haven't ratified CAT. For those who have, NHRIs should ask the respective governments to ratify OP CAT. Advising on the content of draft of anti-torture laws and Legislative review/legal reforms to criminalize act of torture Continue to visit prison (surprise visits) Finally, with regard to torture and killings by military/army, many of the NHRIs have claimed that its out of their jurisdiction. However what can not be denied is gross violation of human rights by the armed forces. NHRIs should atleast intervene in the proceedings through independent investigations and submitting the same to the court of law.

WANTED UN CAT! THANK YOU Sevan Doraisamy Executive Director, SUARAM