The Human Rights Commission of Malaysia (Suhakam) today unveiled a set of recommendations aimed at relieving prison overcrowding after holding workshop with authorities o­n the matter.

Suhakam commissioner Prof Hamdan Adnan said the workshop held in Malacca last Friday discussed various problems faced by the prisons department and their possible solutions.

It also exposed prison officials to guidelines under the United Nations' Standard Rules for the Treatment of Prisoners.

Stateless prisoners

The workshop, jointly organised with the Malacca legal aid bureau, also drew attendance from the police force, the customs and excise department, the immigration department, the social welfare department, the legal aid bureau, the national drug agency and the state legal committees.

At a press conference this morning, Hamdan noted that conditions in prisons have been exacerbated by the late release of illegal immigrants who have completed their jail terms.

Also being held are people who are unable to make bail because they found the quantum too high, and those imprisoned for syariah law or minor offences.

Elaborating o­n the recommendations to ease overcrowding , Hamdan said prison officials have to expedite the documentation process for the release of undocumented immigrants after the completion of their sentences.

"Even after serving sentence, a number of such immigrants have remained in captivity, and have become irritated and annoyed over this. o­ne suggestion made is to re-open several immigration camps such as the o­ne in Lenggeng, Negri Sembilan, and Pekan Nanas, Johor, to serve as temporary detention centres," he said.

Hamdan said part of the difficulty with sending illegal immigrants back to their country of origin was the lack of co-operation from foreign embassies.

"The release process of the (prisoners) requires (such) co-operation. There are also questions over the status or identity of some immigrants such as the Rohingyas who have not been recognised by the Myanmar government as (citizens)," he said.

He also said Suhakam intends to initiate discussions with embassy officials over these matters.

Review penalties

As for those being held for failing to make bail, Hamdan said the courts would have to re-evaluate these amounts. This would have to take into account that the function of bail is to ensure that those charged turn up for the court hearing, and not to serve as a form of punishment.

"The workshop participants also suggested that the courts expedite the proceedings of such cases."

For syariah offenders, Hamdan said such cases including those relating to khalwat (close proximity), should not be referred to the prisons system.

"Their crime is against religious laws. It should be sufficient that they are fined, given counselling and community work. At o­ne Penang prison, we found two young ladies, o­ne jailed for having a baby out of wedlock and another for living together (unmarried), put together with convicted murderers," Hamdan said.

"They should be given religious counselling but instead, some religious officials are more inclined to put them in jail."

Similarly, those jailed for minor offences, should be fined and put o­n community work as an alternative to a jail term.

"Our taxpayers' money is spent o­n putting people in jail and they may not come out any better, but sometimes worse," Hamdan noted.

HIV positive prisoners

On alternatives to jail terms, Hamdan said the prisons department has been considering several other systems which could be applicable, including community service orders, a parole system and orders for home detention curfew.

However, recognising the time that would be required for these systems to be set up, Hamdan said the workshop discussed the viability of increasing the number of detention facilities so as to allow for separation of prisoners depending o­n the severity of their crimes.

Aside from separating syariah offenders and minor offenders from convicted criminals, the commissioner suggested that separate centres be considered for young prisoners between the ages of 18 and 21.

"Under the Child Act 2001, not all offenders can be referred to the Henry Gurney School. Those aged between 18 and 21 are tried in a regular court and if convicted, are sent to regular prisons as young prisoners...At the moment, o­nly the Sungai Petani prison serves young prisoners solely."

"A medical prison should also be set up so as to avoid diseases being spreading in prisons, including to the guards. In our estimation, out of the 30,000 prisoners, some 2,000 have HIV-related diseases," he said.

On training and rehabilitation of prisoners, the Suhakam commissioner recommended the introduction of vocational courses and provision of reading materials.

Counselling for guards

The prisons department was also encouraged to provide counselling for its own staff so as to help them cope with their work responsibilities.

"In general, the prisons have sufficient counsellors to fulfill the needs of the prisoners. However, the workshop felt that there should be at least o­ne qualified counsellor in each prison to address the needs of the prison officials."

"The workshop recommended that the government considers the provision of a hardship allowance to all prison officials. With this, their welfare can be improved to be more o­n par with the other members of the civil service."

The prisoner rights' workshop was organised by Suhakam after series of visits made by an investigative team led by Hamdan to lock-ups, detention camps and prisons around the country.

The visits, conducted last year, were part of the commission's mission to push for all prisons in the country to achieve minimum UN standards.