The recent court order for the remand of a 12-year-old murder suspect in Kajang Prison is a violation of the rights of young prisoners, the Human Rights Commission of Malaysia (Suhakam) said today.

Suhakam commissioner Prof Hamdan Adnan said the authorities police, social welfare department, the judiciary and the Attorney-General's Chambers should follow the procedures drawn up at a Suhakam-organised workshop last year when dealing with juvenile suspects.

"While it is the court's duty to ask whether there is a more suitable place to hold the accused juvenile, other agencies should also play their part in ensuring that the juvenile does not mingle with other adult prisoners," he said.

"Our last year's annual report has very clearly stated the guidelines on the rights of young prisoners, to which the participants [of the Suhakam's workshop] had agreed to."

Suhakam's 2001 annual report states that "wherever possible, a person under the age of 21 who has been accused of committing a crime shall not be detained in prison".

It also added that young prisoners should not be detained in prison for a long period of time pending trial or sentencing as it will "interfere with their mental and emotional development".

Murder rap

The 12-year-old boy, whose name is being withheld, was initially remanded in a police lock-up and later at the Kajang Prison after being arrested on May 30, suspected of killing Liew Mei Fong who was found dead with multiple stab wounds in her home in Setapak.

The murder charge was read out to him at the Kuala Lumpur Magistrates' Court before the case was transferred to the High Court on July 15, where he claimed trial.

Section 302 of the Penal Code carries a mandatory death sentence but the Juvenile Courts Act 1947 exempts juveniles from being sentenced to death, allowing instead for detention at the pleasure of the Yang di-Pertuan Agong. Trial has been set from Oct 7 to 17.

Last week, the High Court denied the oral bail application by the lawyers. The boy's lawyers will make another attempt to secure bail next week.

While bail is prohibited for offences punishable by death or life imprisonment, the court retains the discretion in instances where the accused is below 16 years of age, is a woman or is sick and infirm.

Separate quarters

The boy had told his lawyers during their visit to Kajang Prison a fortnight ago that he was placed in the same dormitory-style room with a group of 15 to 17 year-olds.

"During the day, he said there were 10 or 12 other teenagers with him but only four or five boys are put to a room for sleeping purposes. They do not mix with other adult prisoners at any time," said one of the lawyers.

"In fact, the prison authorities have been cooperative. There is a TV and the boys are allowed to read books."

The lawyer said the boy has not complained about the ordinary prison food, but has stopped taking meat after developing rashes on one arm.

"The medication provided by the prison authorities does not seem to work, although the boy has been referred to the doctor there. The last time we saw him, he looked quite disorientated."

Advisory role

Responding to malaysiakini 's questions, National Unity and Social Development ministry parliamentary secretary S Veerasingam said it was up to the court to decide on the place to detain the boy.

"The social welfare department can only advise the court, but they have the discretion."

When contacted, social welfare department director-general Sayed Abdul Rahman Sayed Mohd was unable to comment on the matter.

"I need to check with my officers first and cannot give you an answer now," he said. "Why don't you write in and I will reply to you in writing."