A total of 40 prisoners from the Sungai Buloh prison had died of various diseases since January this year, the Human Rights Commission of Malaysia (Suhakam) revealed today.

More than half of the adult prisoners died of lung diseases including severe pneumonia and tuberculosis while the other deaths were due to septicaemia, heart disease, haemorrhagic dengue and severe malnutrition leading to a degenerative condition known as the wasting disease.

Some of the deceased were HIV-positive. The cause of six other deaths were unknown.

Suhakam's visitation sub-working group chairperson Prof Hamdan Adnan said the figures were provided during a visit to the prison on Monday.

The preliminary report of the visit also noted that the Sungai Buloh prison the country's biggest was facing problems in accommodating the medical needs of its 5,000-odd inmates, particularly those afflicted with HIV.

Hamdan said the prison only had two resident hospital assistants and no doctor.

Asked if the absence of an in-house doctor had contributed to the large number of deaths, he said: "We cannot say conclusively based on these figures but it may well be one of the main reasons."

Doctors unwilling

The delegation included Suhakam complaints and inquiries working group director Nasir Hadi, its investigations officer Suraina Pasha and Bar Council human rights committee member Anthony Fernandez.

The Malaysian Medical Association, which was invited to join the team, could not make it for the visit.

Speaking at a press conference on the 'Rights of Young Prisoners' report which was released today, Hamdan said the Home Ministry's response to the prison's request for an in-house doctor was that doctors were unwilling to be posted in the country's prisons.

Furthermore, the preliminary report noted that the prison authorities were not receiving adequate financial allocation to enable the purchase of sufficient quantities of medicine, particularly since there are more immigration law offenders placed at the prison.

"Notwithstanding the limitations, the prison hospital appear to be in a relatively satisfactory condition. It is only that they have no doctors. There is only a weekly visit by a doctor from the Kuala Lumpur Hospital," said Hamdan.

Suhakam urged the ministry, based on Rules 22 to 26 of the United Nations Minimum Standard Rules on the Treatment of Prisoners, to take immediate action and place doctors trained to handle prisoners' physical and mental illness at the Sungai Buloh Prison.

It also recommended the ministry to ensure that the prison hospital is equipped with the "necessary resources, facilities and suitably trained personnel" to handle the needs of HIV-positive prisoners.

Hamdan said Monday's visit revealed that about 20 prisoners were HIV-positive and almost all of them were involved with drugs.

Ignorance of rights

The report, a brief update of an earlier visit in November last year, also noted that most detainees interviewed by Suhakam had not seen a lawyer and appeared to be ignorant of the fact that they were constitutionally entitled to one.

"Most of them did not understand that they could obtain free legal help, and when explained, they were very receptive to the idea."

Hamdan cited the example of a 19-year-old who had pleaded guilty to a charge of drug trafficking, which carries the mandatory death penalty, without being aware of the legal implications.

He also noted that the prison was overcrowded with more than 5,200 prisoners, having surpassed its maximum capacity of 2,500.

"This excessive increase is posing complications to the prison's ability to effectively ensure that the acceptable standards of safety and detention conditions as provided under the UN minimum rules are met.

Suhakam urged the government to consider detaining immigration law offenders at a separate facility and to expedite their deportation rather than prolonging their incarceration.

International obligations

Hamdan also reminded the government of its international obligations which negate the validity of deporting persons who are eligible for refugee status and suggested that it work together with the UN High Commissioner for Refugees (UNHCR).

Malaysia does not recognise those holding refugee status conferred by UNHCR and many asylum seekers have been arrested by the authorities.

On the young prisoners (aged 18 to 21) report, he said there was still a lot of room for improvement, especially on skills training and guidance to really rehabilitate the prisoners.

"The good news is that there are no juveniles (aged below 18) held on remand in this prison anymore. But a persistent problem is that 60 percent of the families of young remand prisoners are kept in the dark because the prisoners don't want their families to know of their detention," Hamdan said.

Among the prisoners held in Sungai Buloh is former deputy prime minister Anwar Ibrahim, who is serving a 15-year jail sentence for corruption and sodomy.