Release detainees serving time for less serious crimes, says Bar president

COVID-19 | Malaysian Bar president Salim Bashir has raised the alarm over the rising number of Covid-19 cases in the country's prisons in Kedah and Sabah, and is calling on authorities to consider releasing detainees who are being held for less serious crimes.

"Currently the Alor Setar prison in Kedah has been placed under a targeted enhanced movement control order (MCO) for 14 days due to the sudden spike in infections, while cases from particular clusters in Kedah and Sabah have surged, originally stemming from prison populations," said Salim in a statement.

"It is common knowledge that the virus can spread rapidly in overcrowded and confined settings.

"Inmates are kept in packed spaces which make physical distancing almost impossible, creating a hotbed for transmission of the virus.

"In light of the severity of the current situation, the Malaysian Bar strongly calls for enforcement authorities to consider releasing detainees for less serious crimes on bail instead of keeping them in lock-ups," he said.

Salim said that such a move would be particularly relevant for individuals who are at a higher risk of contracting the virus, such as older people, people with disabilities, and those with pre-existing conditions or compromised immunity.

"We also urge that the courts exercise judicial discretion by taking into consideration the challenging situation created by the pandemic when deciding the bail sum for an accused individual," he added.

Salim (photo) cited cases of those who are unable to afford the necessary amount required to post bail and will end up being remanded in prisons.

"The courts should consider alternative sentencing protocols other than imprisonment for the appropriate offences. The punishment should fit the crime and keeping people in places of detention in this climate opens the possibility of accelerated spread of the virus," he said.

Yesterday, infectious diseases expert Dr Adeeba Kamarulzaman cautioned that enforcing movement restrictions will not be enough to contain Covid-19 outbreaks within prisons and the communities surrounding them.

Instead, she insisted that the government must tackle the issue of overcrowding in prisons.

Malaysia's Covid-19 cases are on the rise with daily three-digit new infections, setting record highs since the start of the pandemic earlier this year.

In April, Prisons Department director-general Zulkifli Omar wrote to the Federal Court chief registrar Ahmad Terrirudin Mohd Salleh urging the courts to stop jailing people for violating the MCO saying the move was causing overcrowding in prisons where social distancing is impossible.

The Malaysian Bar also called on government and prison authorities to ensure that sufficient stocks of face masks are made available for all detainees in order to prevent the transmission of the virus.

"Strict adherence to government-imposed standard operating procedures must be complied with when detainees are brought before the Courts.

"Lawyers and members of the public are reminded that they too must adhere to these procedures as well, in order to ensure the health and safety of everyone," he said.

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