Country Factsheet 2025

Malaysia

Thematic pillars

Thematic priorties
Thematic priority Score
Political Commitment Against Torture
Ending Police Brutality & Institutional Violence
Freedom from Torture in Detention
Ending Impunity
Victims' Rights
Protection for All
Right to Defend and Civic Space
  1. low risk
  2. very high risk

Recommendations

1

Accede to the UN Convention Against Torture (UNCAT), the International Covenant on Civil and Political Rights (ICCPR), and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED); and withdraw reservations to Article 37 of the Convention on the Rights of the Child (CRC) and Article 15 of the Convention on the RIghts of Persons with Disabilities (CRPD) that relate to the prohibition of torture or other cruel, inhuman or degrading treatment or punishment.

2

Enact a dedicated anti-torture law aligned with the United Nations Convention Against Torture (UNCAT), which clearly defines torture and other cruel, inhuman, or degrading treatment or punishment (CIDTP), and establishes effective mechanisms for prevention, accountability, and redress.

3

Repeal Section 4(5) of the Security Offences (Special Measures) Act 2012 (SOSMA) to end 28-day administrative detention without judicial oversight and ensure judicial discretion in bail applications for all detainees.

4

Amend the Criminal Procedure Code to mandate inquests for all deaths in custody—including in prisons, immigration detention centres, and other places of detention—not solely in police lock-ups. Establish a fully independent and adequately resourced Coroner’s Court to ensure impartial, prompt, and thorough investigations into custodial deaths.

5

Explicitly integrate standards from international protocols into Malaysia’s Criminal Procedure Code, Penal Code, Evidence Act, forensic guidelines, and investigative SOPs, specifically: the Minnesota Protocol for investigations into unlawful deaths; the Istanbul Protocol for the documentation and investigation of allegations of torture and other CIDTP; and the Berkeley Protocol for the ethical and transparent collection and handling of digital open-source evidence in such investigations.

6

Amend the Independent Police Conduct Commission (IPCC) Act to grant the Commission disciplinary powers, and provide sufficient resources and staffing to enable proactive, independent investigations into police misconduct.

7

Enact a robust Right to Information (RTI) law, and amend the Official Secrets Act to permit public access to data and information—including the Inspector-General’s Standing Orders—where disclosure promotes transparency and public accountability.

8

Establish independent and accessible complaint mechanisms in all detention settings, with guarantees of confidentiality, protection against reprisals, and transparent follow-up on outcomes.

9

Shift from detention-centric immigration enforcement to community-based alternatives that provide access to legal aid, healthcare, housing and education, especially for undocumented migrants, refugees and asylum seekers.

10

Strengthen the Human Rights Commission of Malaysia’s (SUHAKAM) human rights training module by integrating interactive, scenario-based content focused on the Méndez Principles for effective interviewing, as well as rights-based approaches to the facilitation of peaceful assemblies.

Good practices

Transparency and Access to Information

Access to information must be guaranteed in every society, both in law and practice, to ensure State transparency and accountability. It allows organisations, journalists, and interested individuals to request data on the actions of public bodies, protocols, and statistics on human rights violations. This right not only enhances public debate and civic participation in decision-making but also helps improve public policies and safeguards the dignity of individuals in State custody. Civil society organisations and human rights defenders play a key role in monitoring access to information laws and their implementation. This indicator reflects the challenges of accessing information within the country—the higher the score, the less transparent the State.

In February 2025, SUARAM Executive Director Sevan Doraisamy and Programme Manager Azura Nasron were summoned to court to be charged with trespassing under Section 5 of the Protected Areas and Protected Places Act 1959 (PAPPA), after peacefully accompanying families of 32 individuals who were detained under the Security Offences (Special Measures) Act 2012. The case was postponed a day before the scheduled hearing, with no new court date provided. Authorities denied the group access despite a scheduled appointment, forcing them to wait for over two hours. A few days after the memorandum submission, Sevan was arrested at SUARAM's office by six police officers and released two hours later, while Azura was summoned to the police station for questioning over the incident. The judicial harassment highlights the inconsistent recognition of human rights defenders in Malaysia and their work, whereby peaceful advocacy can result in criminalisation. Furthermore, the requirement for an entry pass under PAPPA allows authorities to arbitrarily block access to government premises — restricting freedom of assembly and access to redress — and sets a worrying precedent for curtailing peaceful assemblies beyond the scope of the Peaceful Assembly Act.
Human Rights Defenders

Collaborators

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