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Malaysia is a federal constitutional monarchy with a population of approximately 26.9 million. It has a parliamentary system of governmentheaded by a prime minister selected through periodic, multipartyelections. The United Malays National Organization (UMNO), together witha coalition of political parties currently known as the National Front, hasheld power since independence in 1957. The most recent nationalelections, in March, were conducted in a generally transparent mannerand witnessed significant opposition gains. The opposition complained of the ruling coalition's exploitation of the powers of incumbency anddomination of the mainstream media. Civilian authorities generallymaintained effective control of the security forces. The government generally respected the human rights of its citizens;however, there were problems in some areas. The government abridgedcitizens' right to change their government. Some deaths occurred duringpolice apprehensions and while in police custody. Reported abuses bymembers of the People's Volunteer Corps (RELA) included rape, beatings,extortion, theft, pilfering homes, destroying UN High Commissioners forRefugees (UNHCR) and other status documents, and pillaging refugeesettlements. Other problems included police abuse of detainees,overcrowded immigration detention centers, use of arbitrary arrest anddetention using the Internal Security Act (ISA) and three other statutesthat allow detention without trial, and persistent questions about theimpartiality and independence of the judiciary. The government arrested aprominent opposition leader on politically motivated charges of consensual sodomy. The government also arrested other oppositionleaders, journalists, and Internet bloggers apparently for political reasons. The government continued to detain without trial five leaders of an ethnicIndian civil rights group. The civil courts continued to allow the Shari'a(Islamic law) courts to exercise jurisdiction in cases involving families thatincluded non-Muslims. The government continued to restrict freedom of press, association, assembly, speech, and religion. Trafficking in personsremained a problem. There were credible allegations of immigrationofficials' involvement in the trafficking of Burmese refugees. Longstandinggovernment policies gave preferences to ethnic Malays in many areas.Some employers exploited through forced labor migrant workers andethnic Indian-Malaysians. Some child labor occurred in plantations.RESPECT FOR HUMAN RIGHTSSection 1 Respect for the Integrity of the Person, Including Freedom From:a. Arbitrary or Unlawful Deprivation of Life The government or its agents did not commit any politically motivatedkillings; however, local media reported that police killed 82 persons whileapprehending them, up from 16 such killings in 2007. Localnongovernmental organizations (NGOs) also reported that seven personsdied in police custody, down from 11 such deaths in 2007.
 
 The trial of police chief inspector Azilah Hadri and police corporal SirulAzhar Umar for the 2006 murder of Altantuya Shaaribu remained ongoingat year's end. On October 31, the court acquitted political analyst RazakBaginda of abetting her murder.b. Disappearance There were no reports of politically motivated disappearances.c. Torture and Other Cruel, Inhuman, or Degrading Treatment orPunishmentNo law specifically prohibits torture; however, laws that prohibit"committing grievous hurt" encompass torture. There were someallegations of torture by RELA and immigration officials in immigrationdetention centers (IDC), which continued to be administered by theImmigration Department and supplemented by RELA.On April 20, following the beating of a Pakistani detainee by immigrationofficials at Lenggeng IDC, the other detainees requested to speak with thecamp commandant regarding alleged abuses. When the promisedmeeting did not occur, the detainees set fire to two buildings. On May 15,a Malaysian Human Rights Commission (SUHAKAM) commissionerconfirmed he found evidence of torture at the Lenggeng IDC following anApril visit to the facility. Witnesses alleged immigration officers and RELAvolunteers routinely beat detainees as a form of punishment, includingstriking the soles of their feet, using electrical shock, burning them withcigarettes, and intimidating other prisoners into participating in thebeatings.In September authorities released Sanjeev Kumar, who was detainedunder the ISA in July 2007. Local NGOs alleged that authorities torturedhim during interrogations lasting 15 hours and denied sufficient medicaltreatment after he complained about injuries he allegedly sustained undertorture. A SUHAKAM commissioner confirmed that Sanjeev Kumar, whoseleft arm and leg were paralyzed, did not receive proper medical treatment.As a result of the beatings, Sanjeev remained partially paralyzed andwheelchair-bound.On August 6, two police officers from Perak State allegedly abused a 10-year-old boy while questioning him for theft. The police officers allegedlychoked him, slapped him, and melted plastic over him with the intent toburn his genitals. Neither the boy's parents nor a legal representative waspresent during his interrogation. Perak's police chief stated a policeinvestigation into the allegations was ongoing at year's end.On July 28, authorities charged a police officer with the rape of a studentwhile in the Putra Heights police station in Kuala Lumpur.Criminal law prescribes caning as an additional punishment toimprisonment for those convicted of some nonviolent crimes, such asnarcotics possession, criminal breach of trust, and alien smuggling. Thelaw prescribes up to six strokes of the cane for both illegal immigrants andtheir employers. Judges routinely included caning in sentences of those
 
convicted of such crimes as kidnapping, rape, and robbery. Some stateShari'a laws also prescribed caning, carried out with a half-inch thickwooden cane that commonly caused welts and at times scarring. The lawexempts men older than 50 and women from caning. Male children 10years of age and older may be given up to 10 strokes of a "light cane."Prison and Detention Center ConditionsPrison overcrowding, concentrated in facilities near major cities, remaineda serious problem. In July the Home Ministry reported that the prisonerpopulation at the country's 29 prisons was 28 percent above capacity.Local and international NGOs estimated most of the country's 16 IDCswere at or beyond capacity, with some detainees held for a year or more.NGOs and international organizations involved with migrant workers andrefugees made credible allegations of inadequate food, water, medicalcare, poor sanitation, and prisoner abuse in the IDCs. According to thehome affairs minister, all detention centers had their own standardoperating procedures that were in line with international qualitystandards. An NGO with access to the IDCs claimed that overcrowding,deficient sanitation, and lack of medical screening and treatmentfacilitated the spread of disease. During the year the government allowedlocal NGOs with mobile medical clinics into the IDCs. The government does not permit prison visits by the InternationalCommittee of the Red Cross. The authorities generally did not permitNGOs and the media to monitor prison conditions. The governmentapproved visits by SUHAKAM officials on a case-by-case basis. The UNHCR received access to registered refugees and asylum seekersdetained in IDCs and prisons, but prison and IDC officials denied theUNHCR access to unregistered asylum seekers in detention. During theyear the UNHCR staff members conducted numerous visits at variousprisons and IDCs located throughout the country to provide counselingand support to its persons of concern and ensure legal representation. Bylaw anyone entering the country without appropriate documentation isconsidered illegal and faces mandatory imprisonment for a maximum of five years, a fine not to exceed RM10,000 (approximately $2,941), or both,and mandatory caning not to exceed six strokes.d. Arbitrary Arrest or Detention The constitution stipulates that no person may be incarcerated unless inaccordance with the law. However, the law allows investigative detentionto prevent a criminal suspect from fleeing or destroying evidence whilepolice conduct an investigation. Four laws also permit preventivedetention to incarcerate an individual suspected of criminal activity or toprevent a person from committing a future crime. Such laws severelyrestrict, and in some cases eliminate, access to timely legalrepresentation and a fair public trial.Role of the Police and Security Apparatus The Royal Malaysia Police is under the command of the inspector generalof police, who reports to the home minister. The inspector general is
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