The Human Rights Commission (Suhakam) has urged the government to consider releasing those remanded for petty and non-violent crimes and drug addiction in order to reduce the risk of further Covid-19 outbreaks in overcrowded prisons.
Commissioner Jerald Joseph (photo, above) also felt that inmates remanded for petty socio-economic crimes and convicted elderly inmates with chronic diseases should also be released.
Inmates under the remand process are individuals held in a prison or police lock-up to facilitate police investigations but have yet to be charged in a criminal court.
According to Jerald, the remanded inmates also included those who were detained in jails after failing to settle their bails set by the criminal courts.
In total, the remanded inmates make up to about 30 percent of the total inmates in prisons.
At least 18 prisons, five immigration detention centres and four police lock-ups have recorded Covid-19 positive cases.
Jerald urged the Judiciary to play its role by adopting non-custodial measures, which included replacing cash bail with non-cash bail or bond.
"The issue of overcrowding of inmates and detainees in prisons and immigration detention centres has become a serious issue. The number of inmates was recorded at 72,903 as of Oct 15, which is beyond the capacity of 53,830.
"Similarly, immigration detention centres took in 15,163 detainees as of July 1 and that is beyond their capacity limit of 12,530," he said.
"As a result, issues arise as to lack of sleeping areas, activity areas and access to healthcare and to facilities," he told a virtual press conference today.
It was reported on Oct 6 that the Prisons Department planned to release 11,018 minor offenders sentenced to less than a year of imprisonment, with less than three months left to serve. It was, however, not clear about the fate of those detained under the remand process and the refugees.
Apart from elderly prisoners, Joseph also suggested that the government frees undocumented migrant workers and refugees who were detained under immigration laws and temporarily placed in prisons.
He suggested that the government deports the undocumented migrants released.
As for refugees who are being detained at prisons and immigration detention centres, he urged the government to free them, after verifying their refugee status.
"This group was placed in prisons because the immigration centres were full. There are currently about 2,054 inmates (undocumented workers and refugees) in prisons," he said.
"If the deportation process is viable, then they should be sent back. If they are Rohingya refugees, they should be granted refugee identification cards and they can be released back into society because there is no point keeping them as inmates," he said.
Approximately 1,000 refugees currently held
Approximately 1,000 refugees currently held in prisons and immigration detention centres are eligible for refugee status by the United Nations High Commissioner for Refugees (UNHCR), according to him.
Jerald also called for enforcement authorities to halt their massive operations against the undocumented immigrants as this was not the main concern in the surge of Covid-19 cases nationwide.
"(The government should) stop the large scale operation to nab the undocumented migrants and look for an alternative, such as to legalise or to opt for amnesty," he said.
"We know that the government should act against any illegal act, but what is the urgency to do so now? With the closures of the borders (in Malaysia and most countries), you cannot move (deport) them around.
"There is no need for such large scale operation due to the risk of exposure to the coronavirus in prisons," Jerald added.
Suhakam also said the government should engage the UNHCR and other NGOs dealing with refugees to resolve the issues related to overcrowded prisons and detention centres.
"UNHCR had been denied access to the immigration detention centres since August 2019," he said.
Jerald also urged the government to assure that the illegal immigrants in Sabah, particularly those residing in Semporna, would not face action taken against them if they come out to conduct the Covid-19 test.
"So, it is a pity that the Health Ministry tried its best to conduct the Covid-19 tests on the ground, but the people do not dare to come out.
"I think it is okay for the authorities and officers to tell (them) loudly that there will be no arrest at this period. It is important for you to come out and get tested. Without testing, there is no way the ministry could make its plan to handle Covid-19," Jerald added. - Mkini
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