Section 4 of the Act calls on SUHAKAM to study and verify any infringement of human rights and visit any place of detention, institution and other place in accordance with procedures as may be prescribed by written laws or specified in the guidelines relating to such place of detention, institution and other facilities. The SCA notes that the Act prohibits SUHAKAM from conducting unannounced monitoring of places of deprivation of liberty. The SCA acknowledges reports from SUHAKAM that it is in the process of proposing an amendment to the Act to provide for a 24-hour notice prior to visiting any place of deprivation of liberty. 

While acknowledging the efforts of SUHAKAM to amend the Act, it is highlighted that the proposal to provide for a twenty-four-hour notice prior to visiting any place of deprivation of liberty does not guarantee the ability to conduct unannounced visits. 

The SCA emphasizes that all NHRIs should be legislatively mandated with specific functions to both promote and protect human rights. Said mandate should authorize unannounced and free access for an NHRI to inspect detention facilities and to examine any premises, documents, equipment and assets without prior notice. 

The SCA therefore encourages SUHAKAM to continue advocating for an explicit mandate to conduct unannounced visits to all places of deprivation of liberty. 

The SCA refers to Paris Principles A.1, A.2, and to its General Observation 1.2 on ‘Human rights mandate’.