Reconsider proposal for private prisons, lawyers tell govt

KUALA LUMPUR: Several lawyers have cautioned against the proposal for private prisons in the country, saying there are other ways to address the problem of overcrowding in government correctional centres.

One of them, Muhammad Rafique Rashid Ali, told FMT that any attempt to privatise prisons was likely to fail.

He instead suggested improvements to the parole system, introduced in 2008, so that convicts could leave prison ahead of schedule.

“The parole board must be more flexible in releasing prisoners on grounds of good behaviour if there is support from family members,” he said.

Deputy Home Minister Azis Jamman recently said the government was prepared to look into the proposal for private prisons in the interest of reducing overcrowding.

He said about 74,000 inmates are presently serving jail terms nationwide although the actual prison capacity is closer to 52,000.

Given the country’s current financial pressures, he said it was perhaps time to consider establishing private prisons as has been done in the UK.

However, Rafique said bail could also be considered for those who claim trial to the charges against them.

“In this regard, the recent High Court ruling that bail can be offered to those charged with murder and terror-related offences is most welcome,” he added.

He said the courts could impose any condition including for bailors to be family members and for suspects to report to the nearest police station and surrender their passports pending the outcome of their trial.

“The court can also order that those charged with serious crimes be fitted with electronic monitoring devices to keep tabs on their movements,” he said.

Lawyer Salim Bashir said allegations of power abuse and corruption among prison authorities could be reduced if fewer prisoners were kept in jail.

This would also reduce the government’s liability to negligence suits if inmates die while in custody, he added.

On the matter of private prisons, he said he only knew of civil prisons outside the country for those who commit contempt of court or fail to pay alimony to their spouses.

“The government should get the views of all stakeholders, including the Malaysian Bar, on the concept of setting up private prisons,” he said.

Lawyer Syed Iskandar Syed Jaafar Al Mahdzar meanwhile said Malaysian prisons are overcrowded as many inmates are foreigners who had overstayed or run foul of drug laws.

“I suggest that the government expedite its prison reforms and find ways to reduce its annual budget for food, medicine, staff and building maintenance,” he said. - FMT