The Human Rights Commission of Malaysia (Suhakam) is seeking a review of regulations requiring commissioners to give notice before visiting detention centres because of concern that the centres may be cleaned up in anticipation of the visits.

"It is a concern. That is why we are making a recommendation for the government to amend the Human Rights Commission of Malaysia Act," said Suhakam chairperson Abu Talib in reponse to a question on whether there is concern that by giving notice, authorities will be alerted to the nature of commissioners' inquiries.

"We have visited one detention centre before on two or three days' notice. Everything was spick-and-span and everyone happy," he noted during a press conference at Suhakam's Human Rights and Education conference today in Kuala Lumpur.

Abu Talib clarified that the recommendations that the body submitted to the government on amendments to its Act are aimed at enabling the commission to perform its functions satisfactorily and do not necessarily entail demands for more enforcement powers.

"In practice, [enforcement authorities] have never insisted that everything be complied with if we want to visit. Nevertheless, we feel that they should not provide for these rules and regulations," he said.

Word with AG

Abu Talib said several commissioners were in favour of the removal of all restrictions to allow commissioners the right to visit at any time, including at night, although he is of the view that visits should be held at reasonable hours.

"It is not our business to find fault. Presently, we tell them (enforcement authorities) as a matter of courtesy. There was an instance that we gave them only one day's notice," he said.

The Suhakam chairperson disclosed that these recommendations, among others, had been submitted to the Attorney-General's Chambers last April.

"I have had a word about this with the AG. He is attending to it, and we will probably have a discussion on it," he said.

Foreigners can file complaints

On a related issue, Abu Talib said that the commission has yet to decide on whether to carry out a full inquiry into the conditions at Sabah immigration detention centres.

"At the moment, we do not have the full facts of the allegations made. It is our duty and business to examine the [allegations] but whether or not an inquiry will be held will be discussed during the commission's monthly meeting,"he said.

This, he added, will be done if commissioners are satisfied that there was clear violation of human rights of foreigners held in the centres.

Last week, it was learnt that two Suhakam commissioners will be making separate visits to Sabah immigration detention centres and meeting with several state leaders to discuss the matter.

Meanwhile, Abu Talib conceded that there are inherent difficulties in attempting to investigate claims of ill-treatment by undocumented immigrants as reported by the media unless people are willing to file official complaints with Suhakam.

"These charges are difficult to prove. We cannot act on hearsay as it will not be fair to the authorities," he said.

No distinction

Asked if Suhakam is able to hear complaints from undocumented immigrants, Abu Talib said the commission makes no distinction among complainants and is authorised to listen to any party on matters relating to human rights issues.

Over the last two weeks, press attention in Malaysia and neighbouring Philippines had been focused on allegations that poor treatment in immigration detention centres in Sabah had resulted in the deaths of several children.

The controversy later intensified when a 13-year-old Filipina claimed she was molested by a Malaysian policeman and that immigration camp officials had been involved in turning female detainees into sex slaves.

Following a letter from Philippine President Gloria Arroyo-Macapagal to Prime Minister Dr Mahathir Mohamad calling for action, the federal and Sabah police then formed special teams to probe the allegations.