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Suaram urges Parliament to drop prison officers immunity clause over accountability concerns

Suaram calls on Parliament to withdraw the proposed Section 63A, warning it undermines accountability after Taiping Prison abuse findings.

PETALING JAYA: Suara Rakyat Malaysia (Suaram) has urged Parliament to withdraw a proposed amendment to the Prisons Act 1995 that would grant legal protection to prison officers, warning that the move could undermine accountability following findings of abuse at Taiping Prison.

In a statement today, Suaram executive director Azura Nasron said the proposed Section 63A under the Prisons (Amendment) Bill 2026 would provide statutory protection from legal proceedings to prison officers and others acting under the direction of the Commissioner General of Prisons for actions carried out in “good faith” and with a “reasonable belief” that they were necessary.

She said the proposed amendment comes just one month after the Human Rights Commission of Malaysia (Suhakam) concluded its public inquiry into Taiping Prison, which uncovered serious human rights violations.

The inquiry found excessive physical violence by prison officers, degrading treatment of detainees, misuse of batons and pepper spray, negligence by senior prison management, inadequate medical treatment, falsification of medical records, failures by police to investigate alleged abuses and delays in prosecution.

“Rather than responding to the findings of the Taiping Prison Public Inquiry by strengthening oversight and ensuring effective remedies for victims, Parliament is being asked to consider a provision that grants statutory protection from legal proceedings to prison officers.

“These are broad legal concepts that may be relied upon precisely in situations involving the use of force and prison security – the very circumstances examined by the inquiry,” Azura said.

She warned that the proposed provision risked creating broad legal immunity that could make it more difficult for victims to seek justice while weakening public confidence in Malaysia’s prison system.

Azura said meaningful institutional reform required stronger investigations, access to justice and effective remedies for victims instead of broader legal protections that could shield state officials from scrutiny.

She called on Members of Parliament to reject the proposed Section 63A and instead prioritise the implementation of Suhakam’s recommendations arising from the Taiping Prison inquiry.

These include taking disciplinary action against those responsible, conducting independent investigations, and implementing reforms to address prison overcrowding and improve detention conditions.

Suaram also urged the government to expedite Malaysia’s accession to the United Nations Convention Against Torture (UNCAT) and introduce comprehensive anti-torture legislation to strengthen protections and oversight across all places of detention.

“The true measure of prison reform is not how well it protects institutions from scrutiny, but how effectively it protects the dignity, rights and lives of those deprived of their liberty and ensures accountability for abuses committed by state officials,” Azura said.

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