Suhakam calls for RCI to probe allegations against MACC chief
Suhakam has called for the establishment of a royal commission of inquiry (RCI) to investigate allegations against MACC chief commissioner Azam Baki.
In a statement, Suhakam stressed on the establishment of an RCI rather than relying on a special task force that may lack clear statutory authority and coercive powers.
The commission was responding to reports published by Bloomberg on Feb 12 concerning allegations linked to Azam.
While it stressed that it does not take a position on the substance of the allegations, Suhakam said corruption - and any perception that it is not addressed seriously and accountably - carries “profound negative human rights consequences”.
“Corruption undermines equality before the law, weakens access to justice, diverts public resources away from essential services, and disproportionately affects vulnerable and marginalised communities,” it said.
Suhakam added that the integrity, independence and credibility of anti-corruption institutions are indispensable to the protection and realisation of human rights.
Recently, the government established a three-person committee headed by Attorney-General Dusuki Mokhtar to investigate Azam’s shareholdings and compliance with civil service rules.
However, Dusuki indicated that the committee will not be investigating allegations that MACC officers had colluded with private individuals to strong-arm business rivals and abet corporate takeovers.
‘Graft is rampant, cancerous’
Describing corruption as “rampant” and “cancerous”, Suhakam noted that even high-level former political leaders had been prosecuted, convicted, and jailed.
“In the battle against corruption, it is imperative that those entrusted to combat this evil practice must not only be beyond any suspicion of wrongdoing but must be perceived to be whiter than white,” it said.
Suhakam further warned that any body without the power to compel witnesses, require the production of documents, or secure relevant evidence risks being viewed as limited in scope and effectiveness.
In matters of significant public interest, such limitations could erode public confidence in both the investigative process and its outcome, it added.
On the composition of the investigative body, Suhakam said it should avoid actual or perceived conflicts of interest and maintain a clear separation between investigative and prosecutorial functions.
It said the proposed body should not be chaired by the attorney-general, but instead led by an independent and respected retired senior judge, supporting calls to appoint former chief justice Tengku Maimun Tuan Mat.
The membership should also be broadened to include a respected representative from civil society organisations to enhance credibility and public trust, it added.
Put Azam on garden leave
Suhakam also called for Azam to be put on garden leave while the RCI conducts its investigation to prevent any real or perceived influence over the process.
The interim administrative measure, it added, may be necessary to safeguard the integrity of the investigation.
Suhakam stressed that such measures should not be seen as punitive, but as a step to preserve public confidence and ensure the inquiry proceeds independently and without interference.
“Transparency remains a cornerstone of democratic governance and an essential component of the rule of law,” it said, adding that the public should be informed of the mandate, powers and progress of the inquiry, subject to legitimate confidentiality considerations.
Malaysia’s commitment to combating corruption, Suhakam said, must be aligned with its human rights obligations, especially when allegations involve those entrusted with enforcing anti-corruption laws.
On Sunday, hundreds took to the streets in Kuala Lumpur with a resounding call for Azam’s resignation and arrest.
Earlier the same day, Azam also said he will give his full cooperation to the government committee investigating his shareholdings.
