The Implications of Torture
Many victims suffer from Post-Traumatic Stress Disorder (PTSD), which includes symptoms such as flashbacks, severe anxiety, insomnia, nightmares depression and memory lapses. Torture victims often feel guilt and shame, triggered by the humiliation they have endured.
Too common. SUHAKAM’s Report on Custodial Death in 2016 found that the use of physical torture to extract information from detainees is still employed as a law enforcement officer’s interrogation tactic. Torture still takes place today, away from the public eye, most commonly during investigations and detention.
Anyone can be a victim of torture. Frequently torture happens to suspect during investigations by law enforcement officers or during detention. However, torture may also occur in public, for example, when state authorities use disproportionate force or weapons to effect arrest, or respond to public demonstrations by using chemical-laced water cannons, tear gas grenades, baton charges, etc.
Malaysia does not have a specific law criminalising torture or excluding evidence obtained through torture from court proceedings. There are general Penal Code provisions for offences affecting the human body, which include causing hurt, assault and murder. However necessary safeguards for detainees are often non-existent as the mechanisms for criminal justice weigh heavily in favour of the authorities. For example, currently cases of suspected torture by law enforcement officers are investigated by the police or immigration department themselves rather than a separate independent body. This is notwithstanding that SUHAKAM and the Enforcement Agency Integrity Commission (EAIC) are both empowered to investigate misconduct by law enforcement officers.
Yes, by acceding to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the “UN Convention against Torture” or “UNCAT”. At the moment, the Malaysian Government has not acceded to UNCAT.
UNCAT is an international human rights treaty that aims to prevent torture and other acts of cruel, inhuman or degrading treatment or punishment around the world. When states ratify or accede to UNCAT, they are required to undergo institutional reforms and take effective measures to criminalise and prevent torture within their territory or jurisdiction.
United Nations Convention against Torture (UNCAT)
Know The UNCAT
#ACT4CAT
The materials in this page explaining about torture is provided by the ACT4CAT coalition.
#ACT4CAT is a campaign co-initiated by SUARAM, alongside Human Rights Commission of Malaysia (SUHAKAM), Bar Council Malaysia, Amnesty International Malaysia and Lawyers for Liberty with the aim of advocating for the ratification of the Convention against Torture (CAT) as well as for the elimination of torture and other cruel, inhuman or degrading treatment or punishment in Malaysia.