The Human Rights Commission (Suhakam) has issued a reproach for the Malaysian justice system in its treatment of juveniles - as it relents on punitive punishments rather than rehabilitation.

In conjunction with the Malaysian Human Rights Day - on Sept 9 - commissioner Chiam Heng Keng told a press conference in Kuala Lumpur today that society has to review the present system and find ways to rehabilitate children.

Currently those who commit minor infractions may be placed at approved homes, prisons or the Henry Gurney Prisoners School in Malacca.

chiam heng keng suhakam pc 040908 01 "Children will only be deprived of their liberties (in these places). Are there no other ways of rehabilitating them?" asked Chiam, suggesting that public services and community services should instead become the measures.

In view of this year's theme being Human Rights and Administration of Juvenile Justice, Chiam blackballed punitive punishment as a sure way of turning juvenile delinquents into criminals.

"During adolescence, they usually commit offences out of dare, rebellion and ignorance. Not because of criminal tendency."

She also added that the nature of punitive punishment would cause children to rebel against the environment.

"If they are being punished this way, they would just become resentful and angry and we would not be able to help them to rehabilitate," stressed Chiam.

Children Witness Act not fully enforced

Chiam then turned her attention to the Children Witness Act 2007, describing it as "not fully enforced".

The Act, claimed Chiam, does not provide protection for the children especially when it comes to rape cases when compared to other countries.

"The child victim does not even have to appear in court in other countries, they would just use video-testimony and separate entrances so the witnesses or the victims do not have to face the perpetrators.

prison jail remand centre banduan penjara 290108 "But many of the courts in Malaysia do not have that. They still come in contact with the perpetrators," she quipped, adding on that most of our courts do not even have a waiting room - where the child witness can stay from the public's gaze.

Furthermore, Chiam said that the country also lacked of child support service, where the "service only available when you request it".

The Malaysian judiciary system, added Chiam, lacked competent judges to handle juvenile cases.

Relating an experience, Chiam talked about the juvenile she met in Kajang prison last month - who was serving time for stealing a chicken.

"The prison authorities were also shocked to learn he was jailed because he stole a chicken. But they just had to accept the fact that the judgment had been passed on the offender," said Chiam.

She suggested that minor offences can be settled between the interested parties, and not lead to prison time for offenders, especially with ‘overcrowding' prisons.