'Cops need not wait for report to check lock-up conditions'

The Home Ministry must probe claims of deplorable lock-up conditions by rapper Namewee, instead of issue a bare denial, said Puchong MP Gobind Singh Deo.

Police had dismissed the caim and demanded Namewee lodge a police report so it can be investigated, if he insists it is true.

However, Gobind said there is no need for police to wait for a report to be lodged before it conducts an internal probe.

Further, if a report is required the police can lodge one themselves if they indeed are earnest in investigating the matter, he said.

"We are talking about detenions here. A complaint has been made, and a very serious one indeed.

"The police shouldn’t merely respond with a challenge for a police report to be lodged. That cannot be enough," he said in a statement.

He said Home Minister Ahmad Zahid Hamidi should also act swiftly on the matter on "humanitarian grounds".

'May die in custody'

Namewee, or his full name Wee Meng Chee, was held for four days last week, after being arrested for his controversial music video Oh My God, is in poor condition.

On his release, he took to Facebook to reveal the allegedly deplorable conditions of the lock-up, and expressed fear that the 15 Myanmar detainees also held there may die while in custody.

"I encountered about 15 illegal immigrants from Myanmar, who had spent more than 30 days in detention.

"They were locked in a poor condition small room with nobody to bail them out. They were stuck there because their employers had fled with their identifications," Wee said in an Aug 27 posting, which was later taken down.

Wee said he suspected the Myanmar detainees suffered from tuberculosis and they were unable to tell the police this because of language problems.

He also claimed that the detainees may not be able to receive help as the hospital may not take in foreigners with no identification papers.

'Police warned me not to talk'

"Police warned me not to talk about the lock-up, but sorry, they may die inside one by one if I don't speak up," he said.

Penang police chief Abdul Ghafar Rajab denied Namewee’s allegations, saying that there is a standard operating procedure (SOP) to adhere to and detainees who are sick or unwell will be sent to the hospital.

“If he is sincere, then please lodge a police report so we can open an investigation.

“However, if the allegations are found to be untrue, we will investigate them as a false report,” Ghafar was quoted as saying by English daily The Star today.

The police arrested the 31-year-old rapper following multiple police reports lodged in George Town on July 30 over Namewee's music video titled Oh My God. He was detained on Aug 21.

The police reports complained that the music video had used the word "Allah" in a disrespectful manner and portrayed Muslims as terrorists.

The reports also took issue with the portrayal of Muslims gambling and the use of the 'azan' (call for prayer) in the music video.

SUHAKAM calls for prison reforms in Malaysia — The Human Rights Commission of Malaysia (SUHAKAM)

 Malay Mail

The Human Rights Commission of Malaysia (SUHAKAM) wishes to refer to Mr P. Uthayakumar’s revelations of his imprisonment in Kajang Prison, and to state that, following a memorandum received from Persatuan Penasihat Pengguna-Pengguna Malaysia on 5 August 2013, concerning the alleged mistreatment of Mr. P. Uthayakumar in theKajang Prison, SUHAKAM investigated into the allegations and undertook several follow-up actions. These included a visit to Kajang Prison on 13 August 2013 to verify the complaints with relevant parties, an official letter to the Prison Department on 21 August 2013 concerning the issues highlighted in the memorandum, followed by a meeting with the Prison Department on 4 September 2013 to discuss among others, procedural issue related to written complaints received from inmates during SUHAKAM’s visits to prisons.

SUHAKAM has also taken a step further by undertaking a thematic study into the issue on the right to health in prison. The main objective of this study is to ensure that the conditions of prisons in the country are consistent with acceptable health and safety standards, and human dignity in order to achieve a criminal justice system that respects individual rights.

In undertaking this study, SUHAKAM has conducted special visits to prisons across the country to compile first hand data and information with regard to the issues faced by both inmates and prison staff. The methodology used in this study involved surveys through questionnaires and interviews with relevant respondents regarding access to medical care in prisons. SUHAKAM has visited thirteen (13) prisons - Kajang and Kajang Prison for Women, Sungai Buloh (Selangor), Taiping (Perak), Pengkalan Chepa (Kelantan), Tapah and Bentong (Pahang), Seremban (Negeri Sembilan), Kuching, Miri, Sibu and Limbang (Sarawak), as well as Kota Kinabalu (Sabah). To date, 4086 inmates, 646 staff and 37 medical assistants have been involved in the survey. The outcome report which contains findings and recommendations of this study will be submitted to the relevant authorities and the Government in accordance with SUHAKAM’s objective in this project, namely, to advocate for the improvement of the health standards in prisons across

Based on the periodic visits it has conducted in the past, SUHAKAM sees the need for further systematic and cohesive reforms to be instituted in our prisons in order to address various fundamental issues concerning medical care, including mental health care, for both staff and inmates, prison conditions, as well as working conditions of prison staff.

SUHAKAM is also pursuing with the Government further amendments to its founding legislation which, inter-alia, will empower it to conduct unscheduled visits to prisons and places of detention in Malaysia.

* This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail

'Suhakam, probe Uthaya's prison horror stories'

 

Proham has urged the Human Rights Commission (Suhakam) to investigate detention conditions in prisons following former detainee P Uthayakumar's revelations of  his experiences in Kajang Prison.

"Proham recognises that the Suhakam Act empowers the Human Rights Commission not only to visit detention centres but also undertake public inquiries.

"We therefore urge Suhakam to undertake a comprehensive review so as to ensure the treatment of prisoners and prison conditions are in accordance with basic United Nations standards," Proham chairperson Kuthubul Zaman Bukhari said in a statement today.

Kuthubul also called on the home minister and the director-general of prisons to engage with Suhakam for a review of current standard operating procedures (SOP) on treatment of prisoners and conditions in Malaysian prisons

Kuthubul reminded that with its recent acceptance as a UN Security Council member, Malaysia should adhere to the basic principles for the treatment of prisoners as adopted by the UN general assembly.

In a series of interviews with Malaysiakini this week, the Hindraf leader related his ordeal during his two years in Kajang Prison, after being convicted for sedition.

Prisoners have rights too

Meanwhile, Kuthubul urged for implementation of the basic principles for the treatment of prisoners which were adopted and proclaimed by the UN General Assembly resolution 45/111 in 1990.

The resolution states that all prisoners must be treated with respect as human beings and should not be discriminated on any grounds.

“Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights.

“All prisoners shall have the right to take part in cultural activities and education aimed at the full development of the human personality,” Kuthubul said.

He also pointed out that there should be efforts to address the abolition of solitary confinement as a punishment.

“(Also), prisoners shall have access to health services available in the country without discrimination on the grounds of their legal situation.

“Favourable conditions shall be created for the reintegration of the ex-prisoner into society under the best possible conditions,” he added.

Malaysian prisons are among region’s best, deputy minister claims

Malay Mail
by ZURAIRI AR

KUALA LUMPUR, April 2 — Malaysia’s prison system is among the best in the region due to its exemplary moral and religious service, Deputy Home Minister Datuk Wan Junaidi Tuanku Jaafar claimed in Parliament today.

 

In a reply to Bukit Katil MP Shamsul Iskandar Mohd Akin, Wan Junaidi also claimed that the prisons abide by international human rights standards, including the United Nation’s Standard Minimum Rules for the Treatment of Prisoners.

“The Prison Department is sensitive to the basic rights and welfare of the residents,” Wan Junaidi said during Question Time here.

“All residents are treated fairly based on the standard operating procedures, no matter their race, skin colour, gender, religion, political beliefs and others.”

The Santubong MP also revealed that taxpayers have to fork out over RM1,000 to support a prisoner monthly, to cover the facilities, food, medical supplies, security, escort, recovery and emolument.

“The welfare and living cost borne by the government for every prisoner detained in the Malaysia’s prisons is RM35 per day,” added Wan Junaidi.

 

The deputy minister also claimed that the Home Ministry is considering to allow prisoners to vote in elections, especially if they have registered before their incarceration.

According to Elections Act 1958, a registered voter loses his rights to vote if he is sentenced to imprisonment or death.

According to the Prison Department website, there are 35 correctional facilities in Malaysia, including two women-only prisons in Kajang and Kota Kinabalu.

One of the earliest prisons in Malaysia, the Taiping Gaol, was built in 1879 and remains operational.

The UK-based International Centre for Prison Studies reported that there are 39,740 prisoners in Malaysia as of October 2013, with foreigners accounting for nearly 30 per cent of inmates.

However, data from June 2009 showed that Malaysian prisons can only accommodate a maximum of 32,000 prisoners at a time.

RM200 for a bar of soap

Corruption reigns in Malaysian prisons, alleges an Iranian social worker.

PETALING JAYA: A bar of bath soap costs RM200, a pack of cigarettes fetches RM400 and tinned food sells for RM500 a can.

No, we’re not talking about rare items or a charity auction. Neither are we painting a scenario of what the future holds if our policy makers don’t do something soon about the inflation rate.

These, according to a social worker, are the kinds of prices that prison inmates pay for merchandise that their guards either supply directly or allow someone else to deliver.

“There are many cases of bribery and corruption in the prisons,” said the social worker, an Iranian woman who frequently visits her compatriots in Malaysian jails.

She told FMT that guards made money not only be selling merchandise to the inmates but also by imposing a charge on visitors carrying food into the visiting hall.

“Whether you like it or not, you still have to pay,” she said.

“I have paid them many times. Each time I take food into the prison, they would ask for money—anywhere between RM200 and RM400, depending on who is working on that day.”

She said some guards had even asked her to deposit money into their bank accounts.

“I have to pay. I do not have options. I need to see the inmates to talk to them.”

She said she had not lodged any police report or complained to prison authorities for fear of being prevented from further visits. “If I lodge a report, I think I won’t be able to see them again.”

She alleged that corruption pervaded the entire prison system. “I think everyone from the lowest to the highest rank is corrupt.”

She said a prison officer once contacted her at night to ask for money when an Iranian inmate asked him for a cigarette.

Drug mules

There are about 400 Iranians in Malaysian prisons, many of them awaiting trial for drug-related offences.

The social worker claimed that the majority of them came from poor families, were poorly educated and were tricked into becoming drug mules.

“They came here because someone had told them to carry luggages into Malaysia and then fly back to Iran to collect their payment,” she said.

“Only 5% who were caught really knew what they were doing. They knew the risks, but were still willing to do it because of the money. This small number of inmates were not arrested at the airport, but somewhere in the city.

“Those who were tricked into becoming drug mules were arrested at the airport. Only when they were arrested did they find out that they had brought in illegal substances.”

Iranian prisoners claim mistreatment - FMT

Hundreds of Iranians held for drug-trafficking offences in prisons are suffering and in need of medical treatment, proper food and clean water.
EXCLUSIVE

PETALING JAYA: About 400 Iranians are allegedly being mistreated in prisons in the country after being arrested for drug-trafficking offences.

The drug traffickers were also denied their basic rights and had to bribe prison guards for proper food, soap or a packet of cigarettes.

This was revealed by an Iranian woman living in Malaysia who had conducted her own investigation after her friend was tricked into becoming a drug mule.

The woman gave FMT a letter written by an Iranian inmate on the numerous problems faced in prison.

“We are kept in cells resembling cages and kept locked 23 hours and only allowed to walk outside the prison yard for an hour.

“Most of us have not drank a glass of clean water in two or three years.

“The water is yellow in colour and the food served is of low quality and unhygienic,” the letter said.

The woman told FMT that many of them were suffering from chronic infectious diseases and the medicine given was ineffective.

On Jan 24, an alleged drug mule who is a diabetic, told FMT during a court appearance that he had been detained at the Sungai Buloh prison for more than a year while awaiting trial.

He said he had already informed the guards about his health condition but had yet to receive any medication.

Warning from embassy

He added that many prisoners were having skin infection due to bad prison condition and lack of clean water.

“The medicines given is not good and we need proper health care,” the alleged drug mule said.

It is also learnt that eight inmates were put in a small cell with an open toilet.

The woman said the inmates had complained that they could not even eat because of the awful smell from the toilet.

She said Iranian ambassador to Malaysia and the Teheran government could not care less about their own people.

“I have been interviewed by several TV stations from Iran on the condition of the inmates,” said the woman.

She added that the Iranian embassy had asked her to stop highlighting the issue and even threatened to send her back to Teheran.

In the final part of an interview with FMT, a former inmate reveals how detainees with deep pockets can purchase a little luxury behind bars.

PETALING JAYA: The mere mention of Simpang Rengam would make those who had the misfortune of spending time behind its walls squirm.

But a former inmate, Suresh (not his real name), told FMT that life in the prison was somewhat tolerable if a detainee had deep pockets.

“With the right amount of cash, you can get anything… RM50 for a box of cigarettes and RM100 for ganja through the wardens,” said the 31-year-old car repossessor.

He added that being a senior detainee also had its perks, especially when it came to family visits.
“Your seniority is determined by the colour of the collar on your shirt. If you are new, you will be given a shirt with white collar which entitles you to a visit once every 58 days.

“Then, we have the red collar which stands for visits every 56 days, green for every 48 days and blue for every two weeks,” said Suresh, who was arrested in connection with a murder case and spent five years detained under the Emergency Ordinance.

According to the lad from Puchong, inmates were forced to be creative in order to survive and keep their sanity intact.

“Sometimes, we buy instant noodles… to cook it, we use old tissue papers and bits of plastic to get a small fire going. We also make cakes with mashed bread to celebrate birthdays, and ‘ponggal soru’ (glutinous rice) for our makeshift temple’s festivals by mixing Milo powder with rice.”

The cat and the bird


Despite the hardship he endured, Suresh also recollected some light-hearted moments and encounters with the paranormal in prison.

“I had a pet cat and a mynah bird in prison. I named the cat Suraveli (tornado) and it had an attitude of its own. Whenever I called it, it will only respond with a snarl.

“As for the bird, it always stole food from the inmates, so we called him Mani first and later renamed him ‘Tiruttu Mani’ (Thief Mani). He never left our block, and at times, even joined us during the morning roll call.
“However, one day, a prison warden took the bird away and I was heart-broken.”

As for his close encounter with the paranormal, Suresh said there was a “toyol” that also dwelled in the prison, moving from one cell to another.

“The ‘toyol’ usually does not disturb anyone unless you address its existence. Once, I actually spoke about it and the creature did not allow me to sleep at night as it kept pulling my arms and legs.
“When in isolation, I also saw an apparition of a Malay girl washing clothes with a child standing next to her outside my cell,” he said.

In August 2005, when he was supposed to be released, Suresh’s detention was extended for another two years for unknown reasons.

“Six months prior to that, they held counselling sessions which I attended diligently. During the sessions, they motivated me not to indulge in criminal activities upon my release.

“But for some reason, they decided to extend my detention. When I argued that I did nothing wrong, the officers just ignored me,” he said, adding that he felt devastated.

However, before his second detention time expired, Ravi engaged a lawyer to file a habeas corpus application to have his detention declared unlawful.

Only in 2008 did he succeed, and the court ordered that he be released a week before his detention period was to expire.

“When the prison guard told me that I was free, I did not believe him. They had to drag me out of my cell. I was shivering, unable to contain my emotions.

“There is a tradition: if you’re being released, the other inmates will give you a farewell beating. But I took mine smiling, the thought of being free after five years… I did not feel any pain.”

‘Crime, it’s not worth it’


After inking his release papers, Suresh said that he received a salary of RM170 for the carpentry work he had done over the years.

“I was supposed to get more. You get paid 80 sen a day, but then 60% of that must be given to the warden. When I asked him why, the warden told me that it was to cover the prison guards’ wages.”

Suresh then took a bus from the Machap bus station and arrived at Bukit Jalil several hours later, where a friend fetched him and sent him home.

“When I reached home, even my aunty and grandmother could not recognise me. Guess I was in prison for too long,” he said, adding that he had also told his family not to visit him in prison since it was too expensive to travel.

Asked if the experience had changed him, Suresh smiled.

“Sometimes, when you are hard-pressed for cash, you do think about turning to crime. But let me tell you this, spending all those years behind bars is not worth it.

“I have lost so many years of my life. Now, I just want to focus on my future, and someday, even run my own business. I’ve paid my dues, it’s time to move on.”

Behind the walls of Simpang Rengam

In this two-part interview with FMT, a former inmate shares his experience of having endured five years in the infamous prison.

PETALING JAYA: When the going gets tough, the tough gets going. The timeless adage may not strike a chord with some, but for those who have endured trying times, it brings strength when hope becomes a luxury.

In a recent interview with FMT, a former Simpang Rengam inmate revealed how being detained under the Emergency Ordinance (EO) changed his perspective of life and taught him to appreciate the little blessings.

Suresh (not his real name), 31, hails from Puchong. His body is covered with tattoos and his eyes flickered with sadness as he recalled his experience while sipping on a steaming cup of teh-tarik.

In 2003, Suresh’s life took a drastic turn when he was remanded for seven days at the Brickfields police station in connection with a murder case.

Relating his ordeal, the car repossessor said that it was “Deepavali every day”, alluding to the beatings he received in the lock-up.

“They wanted me to confess to the murder, so they beat me. That’s normal, everyone who goes in gets beaten with rubber hoses, boots, batons and everything else.

“They also forced me to drink grounded cili padi (bird’s eye chillies) mixed with water. Even when I think about it now, I can remember how my throat and stomach burned,” he said.

When his seven-day remand expired, Suresh said that he was taken on a “roadshow” whereby he was remanded at various places – Petaling Jaya, Puchong, Sentul, Ipoh and Johor – for 48 days.

“I knew they were going to send me to Simpang, and just as I suspected, in June, I was re-arrested under the EO and sent to the Taman Tun Dr Ismail police station for 60 days.”

Suresh said that just before the 60-day initial detention period ended, several police officers asked him to confess again, and he refused.

Following this, he was sent to Simpang Rengam with five others in August.

Playing the beating game

Upon arriving at the prison, Suresh said the police piled up 36 cases and spread them among the five.

“My share was 10 cases. I admitted being involved in two, but the rest, I have never even heard of them or the places where the crimes were said to have happened.”

After reading out the charges, the Unit Kawalan Penjara (UKP) instructed the new detainees to salute them before entering their respective cells.

“But one of the guys did not salute and because of him, all five of us got a beating on our palms with the baton. My palms were swollen for three days and I could not even sign my detention papers.”

Beatings, he said, were a common occurrence in Simpang Rengam and sometimes the prison authorities did it to kill time.

“On some occasions, they would give us cigarettes and drinks before beating us with canes dipped in boiling water. You just have to get used to the beatings.”

“If there is a fight among detainees, the UKP would beat everyone, regardless of whether you are involved or not.

“Even if there were no fights, the prison officers would instigate us, for instance like not putting salt in our food, serving food on unclean trays or even put a cockroach in our food.”

After a month in Simpang Rengam, Suresh said the prison board consisting of three magistrates, two officers from Bukit Aman, a lawyer from the Legal Aid Bureau and the prison warden, met him and asked him how he would plea to the crime of manslaughter.

“Of course I denied the charge, and they asked me again the following week, and I told them the same answer. The board never called me again. I even wrote a letter of appeal to them, but I did not receive a response.”

Trip to the icebox

Speaking about life in Simpang Rengam, Suresh said the detainees had to be ready for the roll-call at 7.30am every morning.

“We will be given breakfast at 8am. Then we would head to a workshop to do some carpentry and handicraft work. Lunch was served at noon and after that we were allowed to mingle with others.

“We would normally just chat or watch television. Once a month, we get to watch a DVD.”

Dinner, he added, was served 3.30pm and a bun was given for supper. At 6pm, the detainees had to head back to their cells.

Asked what was his worst experience, Suresh replied: “Definitely, the ‘ice box’.”

He then explained that the “ice box” was a cramped, dark and damp isolation cell where an errant detainee would be locked up for 14 days.

“For the first three days, we would only only get two meals; three slices of bread and stale milk for both breakfast and dinner. Those were the times I used to yearn for real food.”

He was also only allowed one bucket of water into his cell daily and that is the water he had to use for washing, bathing and drinking.

“The cement floor would be really cold because there’s water running underneath, and that’s why it’s called the ‘ice box’. You can go mad inside there.

“Many times, I could not even remember my name,” he said, adding that he had been locked up in the “ice box” three times during his five years in Simpang Rengam.

Suresh also recalled how prison guards would sometimes wake up the detainees in the wee hours of the morning to carry out checks on their cells.

“When we ask them why they do this, they would say it’s part of the rehabilitation,” he said.

However, he remembered that there was one Malay officer who was kind to them, and often brought them things.

“The officer used to bring us books, prayer items and other small things for us,” he said.