We don't allow or use excessive force on inmates: Prison Dept chief

 

The Prison Department had never allowed or ordered its officers to use excessive force on prisoners when they refused to follow instructions, said its commissioner general, Abdul Aziz Abdul Razak.

He was testifying before a Suhakam panel led by its chairperson, Hishamudin Yunus, and commissioner Farah Nini Dusuki, in their investigation into an altercation on Jan 17 that involved over 100 inmates at Taiping Prison, resulting in one death.

On July 9, the same panel heard from Taiping Prison’s sergeant that the altercation had occurred as inmates refused to move into the prison’s Block E due to safety reasons.

Today, Aziz testified that the incident could have been avoided altogether had the detainees followed transfer instructions.

“I have never told any officers to beat up people. Never. In fact, we have introduced the Nelson Mandela Rules on top of our own prison guidelines.

“If anybody were to say such physical ‘beating’ was normal, I am here to deny that. No, it is not right,” he said when answering questions posed by the panel’s assisting officer, Simon Karunagaram.

The Nelson Mandela Rule refers to the United Nations Standard Rules for the Treatment of Prisoners, which were updated in 2015.

The rules established a universal framework for humane prison conditions and management, as well as providing guidance for prison staff training and regular, independent prison inspections.

Aziz was shown the CCTV footage of the incident at the beginning of the proceeding, to which he later told Hishamudin that he was deeply upset over it.

He added that the department will take action against those involved, especially the prison officers, after Suhakam’s inquiry concludes and if no individuals are brought to court to face charges.

Aziz also admitted to the panel that the altercation showed the Prison Department had wrongfully treated the detainees.

‘Inmate could have been saved’

Earlier, Aziz admitted to the panel that the deceased, Gan Chin Eng, could have been saved had he received immediate medical attention following the altercation.

Taiping Prison

He added that the officers, who eventually brought Gan to Taiping Hospital, had taken around 20 to 30 minutes to pass the prison’s main gate, and another five minutes from there to reach the hospital.

However, he said, Gan was still alive at the main gate.

“(These kinds of death) do happen… but we try to avoid it by responding and taking action as quickly as we can. But if he was about to die, what could we do?

“You did not look at those who were saved. You only saw those who died.

“I admit losing lives is a serious matter (but) we do have many survivors. This (incident) is negligence, as we could see from the CCTV footage,” he added.

Incomplete PWD report

Aziz also said that the Prison Department received building safety reports from the Public Works Department (PWD), but it was incomplete.

He also said that the detainees had refused to move to Block E because its toilet facilities were not proper, as it uses a bucket toilet system.

“PWD said it was not safe to occupy (these blocks). But the details given in their report were not complete. They did not detail how the building is unsafe to occupy.

“We admit they have the authority (to evaluate the buildings), but where else can I place (these detainees)?

“The blocks required fixing, which meant it could still be used… but they just have to be careful. It’s not that the building is about to collapse, but it's just the floor that is slightly sinking.”

The panel then concluded its inquiry into the case today, after hearing Aziz’s testimony as the 50th witness, and fixed Nov 29 for parties to file their written submissions and Dec 15 to hear oral submissions. - FMT