The Human Rights Commission of Malaysia (Suhakam), in its 2001 annual report, chided the police for failing to strictly adhere to existing regulations on the treatment of detainees and prisoners.

This includes respecting the detainees' right upon arrest, remand proceedings, detention conditions, access for family visits and abuse of police powers.

Suhakam blamed the police for failure to apply the Lock-up Rules which stipulate the minimum standards governing lock-up conditions in police stations throughout the country.

"The Lock-up Rules should be applied, particularly in relation to the provision of bedding and clothes for the detainees, which includes the right to wear their own clothes," stated the chapter on the findings of the visitation sub-working group.

The commission said that the Rules should be reviewed and brought in line with the international standards on the treatment of prisoners.

"At the very least, it should be amended in line with the provisions of the Prisons Regulations 2000 that apply to remand or unconvicted prisoners."

The international standard is defined under the United Nations Instruments (Standard Minimum Rules for the Treatment of Prisoners, Basic Principles for the Treatment of Prisoners, and Body of Principles for the Protection of all Persons under Any Form of Detention or Imprisonment).

Copies of the long-awaited annual report were presented to MPs in Parliament today but it is unclear when it will be tabled, if at all, by the Foreign Affairs Ministry, as the parent ministry in charge of Suhakam's affairs.

24-hour period

On the requirement for suspects to be produced before a magistrate within 24 hours of arrest, Suhakam said the time-frame must be interpreted strictly because "the liberty of an individual is at stake".

"As such, persons arrested should be produced within 24 hours regardless of whether the end of the period falls on a holiday.

"Suhakam feels that having a duty magistrate would enable applications for remand to be considered at any time," stated the 104-page report.

The human rights watchdog also recommended that family members and lawyers be given access to visit detainees.

According to Suhakam, the police said that they could not allow suspects to see their family members and legal counsel until after investigations have been completed due to the possibility of them giving instruction to dispose evidence.

However, the commission said that all such visits are within sight and hearing of police officers.

"[In addition] the federal court decisions allowing the police the right to decide when an arrested person can consult counsel should be reviewed so that the constitutional right can be exercised immediately upon arrest."

The commission also pointed out the lack of coordination, training and human rights standards, including proper rehabilitation programmes catering for young prisoners.

Last November, Suhakam conducted a workshop on the matter which produced several sets of resolutions, including detailed action plans for the judiciary, police, Social Welfare Department, non-governmental organisations, Education Ministry and family members.

The 2001 annual report stated that a student, for example, should not be dismissed from school merely because she or he had been arrested by the police or charged in court.

"The principle that a person is innocent until proven guilty is a fundamental principle."

Different treatment needed

Suhakam said that prisoners with special needs should be treated differently from other inmates. This include HIV/AIDS detainees, pregnant women, and prisoners with babies.

"The authorities need to appreciate that not all detainees/prisoners are the same. While the equality of treatment is imperative, there may be instances when the needs of different detainees/prisoners need to be catered to, if this can improve overall detention conditions."

The commission also stated that it had found 12 civil prisoners at the women's prison during its visit, held together with remand prisoners.

Civil prisoners fall under Section 396 of the Penal Code which provides for the detention of witnesses in criminal trials whom the public prosecutor or the accused fears may abscond before the trial.

The 2001 annual report also observed the overwhelmingly high number of foreign nationals held at the women's prison during its visit and recommended that the authorities expedite the deportation of foreign detainees.

Suhakam also recommended that the Banishment Act 1959 be repealed due to its redundancy as the final 63 banished persons were released from prison in 1975.