The Human Rights Commission of Malaysia (Suhakam) has handed down a severe indictment on the Malaysian prison system and will report the situation to the Attorney-General's (AG) Chambers for action.

Suhakam reached its conclusion after conducting visits to various prisons and finding that long-standing problems have yet to be resolved, of which overcrowding is the biggest factor.

Citing the Sungai Buloh prison as an example, commissioner N Siva Subramaniam said it currently holds 5,000 inmates when it was built for a capacity of 2,500.

"People should be worried because overcrowding can lead to the spread of sickness, disease and unhealthy conditions," he told a press conference at the Suhakam headquarters in Kuala Lumpur today.

He said Suhakam would contact AG Abdul Gani Patail soon to seek his advice and co-operation on the "inefficient" sentencing system and delays in dealing with death-row cases, as these have exacerbated the situation.

"The state legal advisor(s) should convince the state Pardons Board(s) to hold a meeting to look into this matter. It has come to our knowledge that they have not met for a long time," he said.

He said that the delay in granting pardons or carrying out executions has cost the state an immense amount of money.

"It's not just about money. You also take away a person's right to life. There was a death row inmate who was made to wait 27 years for a decision on his execution. He told me he wished he had been hung," Siva said.

Constitutional right

He pointed out the right of an individual to be tried without undue delay, saying that this is recognised by international, regional and domestic human rights instruments.

"This right to a fair hearing within a reasonable time by an impartial court is established by the law, consistent with Article 5(1) of the Federal Constitution," he noted.

"Furthermore, we are now in the United Nations Human Rights Council (HRC) and it is our responsibility to do a clean-up of our prisons by upholding this international recognised right."

Asked if ratifying the International Covenant on Civil and Political Rights would pressure the government to observe the right to fair trial, Siva said this is not the main concern.

"Signing the convention does not guarantee the implementation of such rights. Malaysia has a better track record (on the right to fair trial) than other countries," he added.

"As we sit on the HRC, it is Malaysia's duty to observe this right despite not being a signatory to it. We should honour these international standards."