Suhakam barred from jail probe in first obstruction in 25 years

The Prison Department has denied the Human Rights Commission (Suhakam) access to interview an inmate as part of an investigation into the death of a prisoner who was allegedly assaulted at Taiping Prison last month, in what has been described as the first such obstruction of the government's human rights body since it was set up during Dr Mahathir Mohamad's era more than two decades ago.

Authorities cited an ongoing police investigation as reason to bar the commission's officers, a move condemned by Suhakam as an "unacceptable violation of statutory duties, prejudicial in nature and entirely unjustifiable."

"In its 25 years of experience, there  were many concurrent investigations by both Suhakam and the police in prison including death in custody cases. There were no issue or problem due to the concurrent investigations," the commission said.

Suhakam said that after getting approval from the Prison Department, its officers arrived at the Batu Gajah Correctional Centre to record a testimony of an inmate, only to be told that they could not proceed as there was an ongoing police investigation.

Meanwhile, Suhakam's scheduled visits to Taiping Prison this week have also been cancelled by prison authorities.

The Human Rights Commission of Malaysia Act empowers Suhakam to obtain evidence from anyone when investigating alleged human rights violations.

"No one has the legal authority to obstruct or delay Suhakam’s investigations," it said.

The decision to bar Suhakam officers comes despite an earlier assurance by Home Minister Saifuddin Nasution to co-operate with the commission in investigating the prisoner's death.

It also comes on the back of the arrest of two human rights activists who turned up at the home ministry in Putrajaya to submit a memorandum on the rights of prisoners detained under the draconian Security Offences (Special Measures) Act, or Sosma.

Sevan Doraisamy and Azura Nasron of rights group Suaram were detained and questioned after police accused them of illegally entering the home ministry complex.

Police later said the duo had not been arrested, while the home ministry warned the public against "unnecessary speculation".

Rights group Lawyers for Liberty (LFL) however said footage clearly showed that there had been a "clear-cut arrest".

"What is appalling is that not only have the police blatantly lied in their statement, but the home ministry have issued a threat to the public from discussing the arrest of a prominent activist. This is a matter of grave concern," said LFL director Zaid Malek.