Families of victims of custodial deaths urge the Madani government to enact Anti-Torture Act (三语)

Press statement by the families of the victims of deaths in custody on 9th December 2024 in Kuala Lumpur

We, the family representatives of the custodial death victims Kamarulnizam Ismail, Syed Mohd Azlan Syed Mohamed Nur and Teoh Beng Hock, call on the Madani government to take tortures and deaths under the custodies of enforcement agencies seriously, whether it happens at police lockups, MACC, immigration or prisons.

In the past 20 years, the issue of deaths in custody has raised public discontent, but this trend has not been stopped. In the parliamentary sitting in June 2024, the Home Minister said that 24 cases of deaths in police lockups were recorded from 2022 to May 2024. A total of 20 non-citizens also died in the immigration depot.

Despite the fact that coroner’s inquest, EAIC and the court have proven abuse of power and torture of detainees, the authorities rarely take action against enforcement officers who violate Malaysian law. Indeed the penal code has existing sections to prosecute the perpetrators.

The lack of accountability among law enforcement officers not only shows the culture of impunity, it also shows double standards because the authorities will not hesitate to take action commensurate with the punishment if a civilian uses violence against another person.

To address the issue of deaths in custody and its root causes, we believe that the Madani government should reform institutions and build a new culture among law enforcement officers to eliminate the phenomenon of lack of accountability and culture of impunity, protecting the fundamental rights of detainees enshrined in the Federal Constitution.

Our recommendation is to enact a new Anti-Torture Act to prohibit tortures, sexual abuse, rape, cruel, inhuman and degrading treatment by public officials. The Anti-Torture Bill we propose takes the Prevention of Torture Acts in Kenya, Pakistan, South Africa, Uganda and the Philippines as examples.

In our proposed Anti-Torture Bill, if a public official is found guilty for tortures, sexual abuse, rape, cruel, inhuman and degrading treatment, he or she shall be imprisoned for a maximum term of 30 to life imprisonment. The Human Rights Commission (SUHAKAM) should be given the responsibility to educate, train and raise awareness among all law enforcement officers. This is an important step to foster a culture of respect for human rights among the police, MACC, immigration and prison officers.

Furthermore, law enforcement officers who witness acts of torture by other officers are required to report it to the police, IPCC or SUHAKAM, failure to do so is an offence. Witnesses who make the report will be protected by court orders. A victim protection trust fund should be established with the aim of providing compensation, rehabilitation and counselling to the victim families.

The draft Anti-Torture Bill will be referred to a technical committee consisting of lawyers and human rights activists. After that, we will present the Bill to the government for its consideration. Nationwide roadshows will also be launched to popularise the Bill.
At the same time, we announce the setting up of a family support group for victims of custodial death, torture, sexual abuse and inhuman treatment.

We invite all victims or victim families to join the family support group. Human rights NGOs are also invited to join the secretariat of this group.

Thank you.

Signatories :

SYED MOHAMAD SHARIFF BIN SYED MOHAMED NUR, THE BROTHER OF THE LATE SYED MOHD AZLAN BIN SYED MOHAMED NUR

KAMARUZZAMAN ISMAIL, THE BROTHER OF THE LATE KAMARULNIZAM ISMAIL

TEOH LEE LAN, THE SISTER OF THE LATE TEOH BENG HOCK

Secretariat of the family support group :
Teoh Beng Hock Association for Democratic Advancement (TBH-ADA)
Malaysians Against Death Penalty and Torture (MADPET)