The Penang government wants the Home Ministry to issue a directive to the police to ensure that transgenders who are detained are treated justly in prisons.

State executive councillor Chong Eng said that without laws or directives on the issue, the transgender community would not be guaranteed fair treatment in prisons.

Chong said the state wants transgenders to be placed in separate lock-ups to ensure their safety.

“Currently, it depends on the emotional intelligence of the officer on duty. With a directive from the Home Ministry or the inspector-general of police, the practice can be streamlined across the board,” Chong said at a press conference in Georgetown today.

“Without a directive, some police officers may claim they do not know that transgenders need to be in separate lock-ups,” she added.

Chong was commenting on an official letter she received from Penang police chief Abdul Rahim Hanafi, stating that the police do not face any problems with transgenders who are detained in lock-ups.

Abdul Rahim said that 'rule of law' principle was observed when dealing with transgenders.

He pointed out four regulations that were being used including the Lock-up Procedures (L.N 328/1985), the 1995 Prison Act (Act 537), the Standing Order of the Inspector-General of Police (Sec. A118) and the Standing Order of the Penang Police Chief (No. A48).

'Police sensitive to issue'

“Following these rules and regulations, those who are to be placed separately in the lock-ups are those convicted, those who are yet to be sentenced and detained temporarily, detainees who are described as dangerous, drunks, drug addicts, insane and convicts who are women and juveniles,” Abdul Rahim said in his letter.

“Currently, there are no laws and regulations related to the transgender community.

“However, the police are always sensitive about the issue and the normal practice is that we do separate this community from the male detainees,” he added.

Abdul Rahim was responding to Chong’s request for her and the police to have a discussion on the conditions of lock-ups for transgender detainees.