Suhakam not consulted over Pota

Putrajaya did not consult the Human Rights Commission of Malaysia (Suhakam) over the recently passed Prevention of Terrorism Act (Pota), its chairman revealed.

Tan Sri Hasmy Agam said that according to the Suhakam Act, the commission should have been consulted but “that did not happen”.

The Act, he explained, stipulated that it was the commission’s duty to advise the government on human rights issues which the latter is “morally, if not legally” bound to refer or consult the other.

“The relevant minister mentioned that Suhakam’s view was taken into account, but we were not privy to the whole process,” Hasmy said at a press conference after the release of the Suhakam’s 2014 annual report today.

Pota, which is aimed at combating militant activities in the country, was passed without amendments on April 7, 2015.

The bill was vehemently opposed by PR, which felt that provisions such as detention without trial, denial of human rights, arrest under hearsay was unjust.

The Opposition also said it resembled the repealed Internal Security Act.

Hasmy also said the government was “morally obligated” to consult them before formulating or amending a certain legislation.

Which was why in the amendments to the Suhakam Act, he said, the commission is proposing the government to actually review acts which were approved in Parliament and amend it in accordance with human rights principles.

Hasmy added that among other proposals the commission recommended to strengthen its mandate and powers was the ability to conduct unannounced visits to detention sites.

Currently, Suhakam needs to inform the relevant authorities before visiting any site of which he lamented was not ideal as the commission “would not be able to see the actual situation in there”.

“Commissions in other countries have the power to inspect without notice and to conduct surprise visit, a practice we hope the government will allow us to carry out.”

According to the Suhakam report, between 2000 to Feb 2014, a total of 242 deaths were recorded in police lock-ups nationwide, and a report entitled “Malaysia’s unwanted” broadcasted by international news agency Al Jazeera last year highlighted the poor living conditions faced by refugees detained in the country’s immigration detention centre.