Suhakam doesn’t need prosecutorial powers — but govt must answer its findings, says chairman

KUALA LUMPUR, Oct 5 — The chairman of the Human Rights Commission of Malaysia, Datuk Seri Mohd Hishamudin Md Yunus, has stated that the organization does not require prosecutorial powers to function effectively. However, he emphasized that authorities must respond to Suhakam's findings and recommendations. Despite acknowledging criticisms about the commission's limitations, Mohd Hishamudin insisted that Suhakam is far from being a powerless body.

He urged critics to acknowledge Suhakam's unique role as an investigative, advisory, educational, and recommendatory body, distinct from courts, enforcement agencies, and other statutory bodies. The commission's mandate primarily involves investigative, advisory, educational, and recommendatory functions, and it possesses significant investigative powers under the Suhakam Act.

In 2024, the law was amended to enhance Suhakam's mandate, enabling it to visit detention facilities, institutions, and other relevant places. This expansion of powers was demonstrated through Suhakam's recent inquiry into the Taiping prison riot, where it found evidence of excessive physical violence by prison officers and overcrowding in the Taiping Prison.

The commission recommended turning the 146-year-old prison into a museum due to its unfitness to serve as a prison. While Suhakam can publish findings and make recommendations, authorities are not obligated to accept or implement them. Mohd Hishamudin advocated for a "respond and explain" mechanism to address this gap and strengthen reforms, requiring authorities to provide a written response within a reasonable time frame, detailing their acceptance, partial acceptance, or rejection of the recommendations.

Malaysia could consider adopting a similar process to Australia's, where specified commission reports must be tabled in each House of Parliament within 15 sitting days. Despite being re-accredited as an "A-status" national human rights institution in June 2024, Mohd Hishamudin stressed that credibility starts at home, emphasizing the importance of Malaysians' confidence in Suhakam's independence, impartiality, and ability to carry out its mandate without interference.