The Malaysian Bar is appalled by the findings of the Human Rights Commission of Malaysia (Suruhanjaya Hak Asasi Manusia Malaysia, “SUHAKAM”)1 arising from its Public Inquiry spanning 29 days and 50 witnesses into the events of 17 January 2025 in Taiping Prison. On that date, 104 remand detainees — persons not yet convicted of any offence — who had been transferred from the Batu Gajah Correctional Centre due to severe overcrowding, were subjected to cruel, inhuman and degrading treatment by prison authorities.
The record is clear: the SUHAKAM Inquiry Panel (“Panel”) found that the detainees did not provoke, attack or behave aggressively towards the prison officers. All remand detainees were in a non-resistant and non-aggressive state, sitting cross-legged with heads bowed and hands placed on their heads. Their refusal to be transferred to Block E stemmed from the block being unsuitable and in poor condition, with a bucket sewage system, serious structural damage, flood risks and inadequate facilities. The Panel found that Block E was indeed unsuitable for these reasons and went further to say that Taiping Prison should cease operations as a detention facility. Despite knowing the prison’s condition, the prison management proceeded with the transfer. The detainees’ peaceful protest was met with overwhelming violence: prison officers deployed steel and wooden batons, pepper spray and boots against handcuffed and non-resistant men. One detainee, Gan Chin Eng, suffered internal injuries and died.
The Panel found serious violations of human rights protections under Articles 5 and 8 of the Federal Constitution, Article 10 of the International Covenant on Civil and Political Rights (“ICCPR”), the United Nations Standard Minimum Rules for the Treatment of Prisoners (“Nelson Mandela Rules”), the prohibition against torture under the Universal Declaration of Human Rights (“UDHR”) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“UNCAT”).
What followed from the incident was simply disgraceful. In an attempt to cover up the truth, prison officers fabricated threats allegedly made by detainees to justify the violence, with multiple officers providing nearly identical narratives. Police reports were falsified and medical records were altered — treatment dates were changed and injury descriptions manipulated — to obscure the truth. Some photos and videos recorded during the incident were deleted. An internal investigation was conducted but resulted in no disciplinary action, despite clear evidence of violence by the prison authorities. Witnesses provided false testimonies to SUHAKAM leading the Panel to explicitly conclude that these actions were designed to conceal what happened and to protect those responsible.
The conditions in which detainees were subjected were deplorable. For days following the incident, they were deprived of basic personal hygiene items, forced to sleep on bare floors in blood-stained clothing, compelled to bathe in contaminated water, and denied contact with their families. Prison management denied them access to adequate medical care and essential medications. Such treatment at Taiping Prison, a heritage-listed building that is no longer practical to be upgraded to meet basic sanitary standards, must end.
Detainees remain innocent until proven guilty and are entitled to constitutional protections. Whether remanded or convicted, persons in detention do not forfeit their inherent dignity and fundamental rights. The Government must continuously uphold the legal and moral rights of all detainees. When prison authorities themselves perpetrate violence, destroy evidence and falsify records to cover up the truth, the very foundation of the rule of law is undermined.
The Malaysian Bar thus reiterates its long-standing call for the Government to ratify UNCAT and its Protocol to prevent such systemic abuses. In tandem with this, we urge all relevant authorities to urgently implement the Panel’s recommendations without delay. This shameful incident is an affront to the rule of law and proceedings must be instituted against all those responsible and culpable for the same.
Anand Raj
President
Malaysian Bar
29 May 2026