Human Rights Commission (Suhakam) will launch an investigation into an allegation that 21 detainees were abused while they underwent quarantine at the Jelebu Prison in early April.
"Suhakam will investigate this case directly at the prison. We will find out what happened to these detainees who were being held under Security Offences (Special Measures) Act 2012 (Sosma) since 2019," commissioner Jerald Joseph said during a webinar today.
"(We will determine) if it was true that a riot broke out (as claimed by the prison wardens) or provocation (by wardens that led to the alleged abuses).
"Is it true that they are not given food and water? Were the detainees sent to dark rooms in which pepper spray was again used on them?" Jerald (above) said.
This latest custodial torture case at Jelebu Prison on April 8 came in the wake of the death of A Ganapathy, who is said to have succumbed to injuries sustained during police interrogation.
Jerald said: "We have to keep calling out what is wrong so there is no tolerance in the society for torture.
"I think it is time we must tell this government it doesn't matter if you want to fight to be the government, you must fight to defend no torture in the society.
"We will cooperate with Nordin Muhamad, the director-general of Malaysia Prisons Department, who advocated Mandela Rules, which is against torture."
Adopted in 2015, the Mandela Rules set the minimum standard on treatment of prisoners in the United Nations member countries.
The webinar was held for two rights groups - Suara Rakyat Malaysia (Suaram) and Sebaran Kasih - representing family members of 11 detainees at the Jelebu Prison to hand over a joint memorandum to Suhakam.
Twelve family members of the detainees, who were detained since 2019 for alleged organised crime, also attended the webinar this afternoon.
A total of 17 reports were lodged by family members of the Sosma detainees after they learned about the alleged abuse at Jelebu prison on April 8.
On the other hand, it is understood that a police report has been lodged against the inmates over a riot at the Jelebu Prison. According to a joint memorandum by Suaram and Sebaran Kasih, the police have recorded statements from six out of 21 detainees.
Both NGOs alleged that one prison officer provoked the 21 prisoners by spraying the faces of one or more of them with pepper spray while they were handcuffed in pairs, and seated.
"The 21 responded by demanding to know why he was sprayed," the two NGOs said in the memorandum.
"A commotion resulted. Many uniformed and ununiformed persons assaulted the 21 with pipes, sticks and chairs. Then, they ordered them to go in pairs into a dark room. They ordered them to strip naked and sprayed their anuses and penises with pepper powder," added Suaram and Sebaran Kasih.
Suaram executive director Sevan Doraisamy called on Nordin to confirm or deny the allegation made by the family members of 21 prisoners.
"Is it true that they were assaulted in abusive, cruel and degrading ways - denied food, water and clothing for about 24 hours - as reported by their relatives?" Sevan asked.
"We call on Home Minister Hamzah Zainudin to commit to implementing all the (eventual) recommendations of the Suhakam investigation of the Jelebu incident," he said, adding that action should be taken against the wrongdoers.
He also urged the government to abolish Sosma, thereby disable the ability of officers to abuse the immoral powers of detention under Sosma.
"In this case, all 21 Sosma detainees will remain under detention until their cases are heard in court under the provisions of the heinous law. They have been incarcerated for about 18 months, though they may eventually be exonerated by a judge after a trial," Sevan said.
Meanwhile, Sandra, the sister-in-law of a detainee, said after the incident, the family members could still visit the detainees who have been transferred back to Sungai Udang Prison in Melaka.
As for those sent back to Sungai Buloh Prison, she said, they were only allowed to contact their family members by phone calls, with meeting in person barred.
"We are worried for our family members. Whatever wrongdoing they committed, charge them in court and let the court make a judgment.
"We want justice. The beating cannot go on. We can't meet them. This is actually very depressing," Sandra said.
Sebaran Kasih deputy president pastor Prince Jon said he heard from family members that the inmates were threatened after the Jelebu Prison incident.
"They were told that they were strong enough to go to the police, and (the prison staff) said they could urine in the inmates' food," he said. - Mkini
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