A: What complaints can the Human Rights Commission inquire into?

1. The Human Rights Commission of Malaysia or Suhakam is empowered to inquire into complaints of infringement or violation of human rights.

2. The term "Human Rights" covers but is not limited to the following areas:

a. Right to life and personal liberty, which includes freedom from unlawful detention, freedom from abuse on being arrested and while in detention, right to be informed of the grounds of one's arrest, right to consult and be defended by a lawyer of one's choice, right to be released from detention within twenty-four hours unless otherwise ordered by a magistrate (or Syariah judge in the case of offences tried by a Syariah court).

b. Right to equality and freedom from discrimination.

c. Right to freedom of movement.

d. Right of citizen not to be banished.

e. Right to freedom of speech and expression.

f. Right to assemble peacefully and without arms.

g. Right to form associations.

h. Right to freedom of religion.

i. Rights in respect of education.

j. Rights to Property.

3. In accordance with the Human Rights Commission of Malaysia Act 1999, Suhakam is not empowered to inquire into allegations that are the subject matter of proceedings pending in any court or have been finally decided by a court. If an allegation becomes the subject matter of a court case after an inquiry has begun, Suhakam must cease inquiries.

4. Suhakam will not normally inquire into matters that come within the jurisdiction of another agency or amounts to duplication of the work of another body.

5. Suhakam is not an enforcement agency. If the inquiry conducted by Suhakam discloses that an infringement or violation of human rights has taken place, Suhakam will refer the matter to the relevant authority or person with its recommendations.

6. Any person who believes that any of his or her rights has been infringed or violated may submit a complaint to Suhakam.

B: Submission of complaints

1. Who can submit complaints of infringements or violations of human rights?

(i) an aggrieved person or victim (ii) a group of aggrieved persons or victims (iii) a person acting on behalf of either (i) or (ii) above

2. How can complaints be made? In writing to the following address: The Human Rights Commission of Malaysia c/o Multilateral Political Affairs Division Ministry of Foreign Affairs Wisma Putra 50602 Kuala Lumpur

3. In what language should the complaints be made? Complaints may be made in any language but preferably in Bahasa Malaysia or English.

4. What should the complaint set out? The complaint should briefly describe the allegation of infringement or violation of human rights. The description should include the following information:

i. What rights are being or were infringed (if you can identify the right)

ii. whose rights are being or were infringed?

iii. who is infringing or infringed the rights?

iv. how are the rights being infringed or how were the rights infringed?

v. when did the infringement take place

vi. where did the infringement take place?

C: Admissibility of complaints

1. A complaint is admissible if, on the face of it, it shows that there is or has been an infringement of human rights.

2. The commissioners may request for further information in order to determine whether a complaint is admissible.

3. A complaint may not be admissible if it is frivolous, vexatious or too trivial a matter or the complaint is beyond the jurisdiction or powers of Suhakam.

4. The admissibility of the complaint will be established as soon as possible.

5. The complainant will be notified of the admissibility or otherwise of the complaint.

D: The inquiry

1. If the complaint is admissible, a date will be fixed for the inquiry and the complainant will be informed accordingly.

2. The inquiry will be conducted in the manner prescribed by Suhakam.

3. Suhakam shall inform the complainant from time to time of the status of the inquiry.

4. When the inquiry is completed, Suhakam shall inform the complainant of the outcome of the inquiry.