Human Rights Commission

The Human Rights Commission has the power to inquire into complaints regarding infringements of human rights, including enforced disappearances. It may act on its own motion or on a complaint made by an aggrieved person, group of persons or person acting on behalf of an aggrieved person or group of persons. The Commission cannot inquire into any complaint which is the subject of proceedings pending in a court or has been determined by a court. For the purpose of an inquiry, the Commission has the power: a) to procure and receive evidence and to examine persons as witnesses; b) to admit any evidence which may be inadmissible in civil or criminal proceedings; and c) to admit or exclude the public from the inquiry or any part thereof. In cases where its inquiry discloses the infringement of human rights, the Commission has the power to refer the matter to the relevant authority with the necessary recommendations. In two cases, the Commission has made findings of enforced disappearance according to the International Convention for the Protection of All Persons from Enforced Disappearance, recommending the authorities to: 1) reform the standard operating procedures of the police; 2) set up a special task force to investigate the disappearances; 3) enhance forensic investigations; 4) establish an Independent Police Complaints and Misconduct Commission; 5) include the crime of enforced disappearance into its domestic legislation; and 6) ratify international instruments such as the International Convention for the Protection of All Persons from Enforced Disappearance.

Treatment

Mechanism Date

August 27, 1999

Country

Malaysia

Theme

Justice

Keywords

Duty to Investigate

Legal Instrument

Human Rights Commission of Malaysia Act

Treatment