Increase allocation to improve lockup conditions, urges Suaram

 

Ahead of the unveiling of Budget 2023 this evening, Suaram has urged the government to increase allocation to improve lockup conditions, in order to prevent future instances of custodial deaths.

In making the call, Suaram executive director Sevan Doraisamy noted that currently, lock-ups in prison and detention facilities are overcrowded, poorly ventilated, and have unhygienic toilets and cell areas.

"This not only increases the vulnerability of all detainees and enforcement officers to diseases, especially those that are air-borne, but also exacerbates the health conditions of detainees who are already in poor health (be it knowingly or unknowingly) upon entry to detention facilities.

"It is also essential that the authorities adhere to Rule 10 of the Lock-Up Rules 1953, and also international standards to provide adequate medical care and attention to all detainees," Sevan (above) said in a statement today.

He was responding to the "deeply concerning" statistics on custodial death cases in Malaysia last year, which he said stood at 170, including seven involving children.

In a parliamentary reply to Chow Yu Hui (Pakatan Harapan-Raub) yesterday, the Home Ministry revealed that from January 2022 to December 2022, a total of 150 foreigners died in the custody of the Immigration Department - 121 of them adult males, 25 adult females, five male children, and two female children. It should be noted that the numbers add up to 153 deaths, not 150 as first mentioned in the reply.

The remaining deaths (out of the 170 cited by Suaram) reportedly happened in police lock-ups and prisons nationwide.

Following the revelation yesterday, Tenaganita called on the government to enforce reforms to end custodial deaths.

Culture of secrecy

According to Sevan, the Home Ministry and the Prisons Department should work with the Health Ministry to establish and implement routine medical care provision in prisons and detention facilities for detainees with medical conditions.

"In addition, the government should explore alternative approaches to reduce detention centres' occupancy, such as improving the investigating capacity of police officers to reduce the likelihood of abusing detention without trial laws or chain remand and working with government agencies such as the national anti-drug agency to implement drug rehabilitation programmes to reduce drug-related offences.

"By taking these measures, we can work towards building a more just and humane criminal justice system that prioritises the well-being of all individuals, regardless of their legal status," he said.

Lack of transparency

Sevan also urged the government to increase transparency in revealing information related to custodial deaths, instead of solely relying on responses to questions by Members of Parliament during parliamentary proceedings.

"This lack of transparency perpetuates a culture of secrecy, and it hinders the public's ability to hold the authorities accountable for their actions.

"Thus, Suaram calls on the government to make all relevant data and information readily available and accessible to the public," he said.

"Aside from demographic characteristics such as gender and age, other important parameters should include the cause of death (including whether it is due to negligence by authorities, health reasons or others), as well as the status of investigations and inquest proceedings." - Mkini