Activists fear countdown underway for rights officials
That, however, may not be good news for its commissioners, who are finishing their two-year terms this coming April. After all, while human rights activists laud the hard-hitting reports they have issued, these may not have exactly been what some authorities had expected of the body.
In fact, some activist groups now worry that Suhakam's more independent-minded commissioners may not be reappointed to the body, and that more ''Kuala Lumpur-friendly'' people would take their place.
Suhakam's latest reports, for instance, highlight the dismal conditions detainees have to endure at the Dang Wangi police station in Kuala Lumpur, as well as at the Kamunting Detention Camp in Perak state.
Among the detainees in the latter are prominent leaders of the opposition group National Justice Party (Keadilan), which is identified with jailed former deputy premier Anwar Ibrahim.
Released just last Thursday, the fairly critical reports have come a month after Suhakam chairperson Musa Hitam's controversial statement that human rights should ''take a back seat'' in the war against terrorism and that the government should be given ''the benefit of the doubt''.
Uncalled for
These remarks drew flak from activists. ''Statements like that are obviously statements that the Executive would like to hear,'' said Ramdas Tikamdas of the Malaysian Human Rights Society (Hakam). ''That statement taken in any context was uncalled for. It shows a lack of appreciation of the role of human rights in a democracy.''
Activists were quick to link the Musa's remarks to the impending expiry of the 12 commissioners' terms. The commissioners ''hold office for a period of two years'' and are ''eligible for reappointment'' on the ''recommendation of the Prime Minister''.
In response to Musa's remarks, P Ramakrishnan of the non-government group Aliran said, ''Stating that Suhakam 'would give the government the benefit of the doubt' at this juncture is bound to raise eyebrows andprovoke speculation.''
Suhakam was established by Parliament under the Human Rights Commission of Malaysia Act 1999, which took effect on Sept 9, 1999. Its first commissioners were appointed in April 2000, amid reservations by rights groups that many of them lacked human rights experience.
Critics had also noted early on that the commissioners' brief terms of office would not provide for continuity and security of tenure. In addition, they had expressed dismay that reappointment would come only upon recommendation of the Prime Minister.
Two-year tenure
Ramdas points out that the average length of tenure for rights commissioners in most democracies was five years. ''The provision for a two-year appointment does not promote independence and impartiality for the commission and does not provide security of tenure for commissioners,'' he said.
But though it operates within narrow confines in an advisory rather than enforcement capacity, the commission has used its prestige as a body created by statute to add weight to its reports.
''Taken as a whole, they have performed creditably, except that the Kampung Medan issue sticks out like a sore thumb,'' said Ramdas. ''That aside, they have dealt with current human rights problems.''
Kampung Medan near Kuala Lumpur was the site of racially motivated killings earlier this year that left six dead and scores injured and so far there has been no official Suhakam inquiry.
Others say that Suhakam has not responded effectively to the harsh treatment of detainees under the Internal Security Act (ISA), which allows for detention without trial.
Police brutality
But earlier this year, Suhakam released a scathing report on November's police brutality against peaceful demonstrators caught in a massive expressway traffic jam while trying to reach a cordoned-off rally site.
The 'Kesas' report - named after the highway where some 50,000 people had gathered - drew praise from rights groups for its candour. But it left Malaysian authorities red-faced.
The findings of the latest reports on conditions of prisoners, though not given the same widespread publicity, will nevertheless draw more attention to the commission's relative forthrightness.
Among the commission's recommendations were that the authorities provide better living conditions for detainees and allow them to be decently clothed. The findings confirm what rights workers had suspected for some time - that conditions in certain police detention cells are shabby, to say the least.
Lacked proper bedding
According to the commission, prisoners clad in only their underwear or shorts were held in stinking cells containing up to 150 people each at the Dang Wangi police station. The prisoners lacked proper bedding and blankets and slept on cement slabs.
''The picture of a prisoner in a lock-up is a person who has not been convicted of any crime or one who may be merely be a traffic offender,'' said Suhakam.
''And this person,'' it said, ''is allowed to be only in shorts or underwear, expected to sleep and rest on cement slab, and has to endure smelly environment with poor water and toilet facilities.''
Commissioners had inspected the station's cells in June but were not allowed to interview the prisoners themselves.
In July, the commissioners also visited the Kamunting Detention Camp, near Taiping in Perak. The camp holds ISA detainees.
Little privacy
Among other things, the commissioners pointed out that detainees there had little privacy during discussions with their lawyers. Suhakam added that such discussions should be carried out ''within sight but out of hearing'' of prison officers.
Suhakam also recommended that there should be no screen or partition to separate detainees from their visitors.
Among the Kamunting detainees were five reformasi activists - including key Keadilan second echelon leaders who were among 10 brought there in April.
Since the Suhakam commissioners' visit, the number of detainees in Kamunting has been reported to have risen from 69 to 78, mostly due to recent arrests without trial of those suspected of alleged involvement in militant Islamist activities.
Suhakam commissioner Hamdan Adnan says he has submitted the latest reports to the Home Ministry for further action.

