Saturday, August 19, 2017

Ayer Molek lockup condition - Let the Home Minister and IGP spend a couple of nights there for speedy reform?

SUHAKAM has the powers to visit places of detention ...and they cannot bstopped...and they really need to be doing more of this...It is very good that they have visited the Ayer Molek police lock-up in  Johor and have found it to be 'cruel and inhumane'... Places of Detention must be a priority - considering the the large number of death in police custody and also allegations of torture...

SUHAKAM has been around since 2000... and, really this should have come to light very much earlier...SUHAKAM may have, in the past, prepared 'reports with recommendations' to the government, but alas this UMNO-BN government can be really slow in reacting... Press Statements is way to go...because then all people becomes aware ...and changes are more likely to come sooner... In any event, the Ayer Molek police lock up came into being only in 2009...(but still about 7 years ago) - Who is the ADUN and MP there?

POLICE LOCK-UP - well, this is the place suspects arrested are kept....persons charged and being tried are kept in Remand Prisons, and the convicted are placed in Prisons. As such, the conditions of police lock-ups really must be so much better compared to prisons ...

Why were complaints of lock-up conditions not raised before ...they could have been raised by the Opposition parties...they could have even be raised in Parliament...Anyway, Anwar Ibrahim seems to be happy with his Prison condition - have not seen him yet fighting for better conditions in prison for him and his fellow prisoners. Uthayakumar, on the other hand, did raise a lot about prison conditions, when he was in prison... 

OTHER ISSUE - there is really no reason for suspects to be arrested and detained in police lock-ups during the investigation period... For the purpose of investigation, simply arrest and release them on police bail requiring them to turn up at the police station at this particular time for 'investigation' purposes... Only those arrested for very serious crimes, and there is a very high risk of flight, should persons be kept in police lock-ups...If the police, after arresting has sufficient evidence, then charge them immediately in court...

Maybe, we need EXPOSURE program for Najib, Ministers, MPs, Senators - they should maybe spend at least 2 days in police lock-ups ...well, that would certainly speed up Reforms...Why Not? Now even Najib uses public transport to experience how it feels like ...


Section  4  Functions and powers of the Commission

 (2) For the purpose of discharging its functions, the Commission may exercise any or all of the following powers:... (d) to visit places of detention in accordance with procedures as prescribed by the laws relating to the places of detention and to make necessary recommendations;(e) to issue public statements on human rights as and when necessary; and

 (3) The visit by the Commission to any place of detention under paragraph (2)(d) shall not be refused by the person in charge of such place of detention if the procedures provided in the laws regulating such places of detention are complied with.

- Human Rights Commission of Malaysia Act 1999


'...Police will form a committee to look into claims by The Human Rights Commission of Malaysia (Suhakam) that the conditions at a lock-up in Johor Baru is "deplorable and hazardous to health"...' - How difficult is it to just drop by at the lock-up - it is a police lock-up. Police should not embarass themselves in this way...'they did not know???' - Let's move forward, and let us speedily put forward plans on what will be done immediately to improve conditions ...and let us do it? No money - well, I am sure Najib will find the money fast...if not what about the MP's annual RM5-6 Million allocation...after all, this is within the constituency? 


RM8 for 3 meals...Well, let us increase it to RM20, which should also include at least 3 litres of drinking water. > Well, I am sure the local MP and/or ADUN, Rotary Club and other welfare groups, or the local people can look into this...maybe even the Opposition Parties... Donate drinking water and suitable food...

Clothes - well again, this can be donated ...I am sure that people will donate...

Bedding - well, the police should tell us what is needed ...and people will donate..

UMNO-BN government, PM, Finance Minister and Home Minister can deal with the long-term solution - Budgets can be increased...

If UMNO-BN cannot do it, maybe we need another government ... persons in police lock-ups are all considered INNOCENT...


Suhakam: Ayer Molek lockup conditions 'cruel and inhumane'

   Published     Updated
The Ayer Molek police lockup in Johor Bahru is in a deplorable state and should be shut down if "acceptable standards" cannot be maintained, said the Human Rights Commission (Suhakam).

Commission chairperson Razali Ismail said that a site visit showed that the facility posed a health hazard for detainees and detainees were not given adequate food and water.

"Suhakam is of the view that the conditions are so poor, that they amount to cruel, inhumane, or degrading treatment.

"We reiterate that treating persons deprived of their liberty with humanity and respect for their dignity is a basic and universally applicable tenet.

"If acceptable standards in detention cannot be maintained, the Ayer Molek and other lockups in similar conditions must be closed," he said in a statement today.

Razali said that the lack of financial resources could not be used as an excuse.

He said that Suhakam could see that all cells had "decaying floors", inadequate lighting, poor ventilation, lack of lockup clothes and lack of bedding.

The team said the police lockup had a daily budget for three meals for each detainee was RM8. This, said Razali, was "unacceptable". 

"Even the lockup staff acknowledge that this amount does not allow for sufficient portions that are nutritionally balanced and adequate according to the diet prescribed by the health ministry," he said.

Breach of laws

The team found that drinking water was provided to detainees only three times a day, therefore violating the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) which stipulated that detainees should have access to drinking water when needed.

Razali also expressed concern over poor sanitation, overcrowding and the lack of medical facilities at the lockup - itself a violation of Lockup Rules 1953 - had led to the spread of infectious diseases.

"Suhakam empathises with lockup officers who have to purchase face masks and gloves on their own to protect themselves against tuberculosis and other diseases. 
"Suhakam was informed that there were cases of police officers stationed at the lockup who had contracted tuberculosis from sick detainees," said Razali.

Razali said that the managers of a lockup must ensure that a detainee's unconvicted status is demonstrated in their treatment. 

He also called on the home ministry to take immediate steps to remedy the deplorable and inhumane conditions endured by persons who are on remand and not yet charged. - Malaysiakini, 16/8/2017

See full SUHAKAM Statement at SUHAKAM Website - Press Statement No. 31 of 2017 (Urgent Reform Needed Regarding Inhumane Lock Up Conditions in Ayer Molek)

Then, one of the Minister responded alleging that the SUHAKAM was outdated with regard the information relied on, and to this SUHAKAM issued another statement - Press Statement No. 32 of 2017 (“SUHAKAM’s Response to The Deputy Minister’s Statement”)

Police to look into alleged 'deplorable and hazardous to health' conditions of Ayer Molek lock-up.

Deputy Inspector-General of Police Tan Sri Noor Rashid Ibrahim — Sunpix by Xafiq El Shah
KUALA LUMPUR: Police will form a committee to look into claims by The Human Rights Commission of Malaysia (Suhakam) that the conditions at a lock-up in Johor Baru is "deplorable and hazardous to health".

Deputy Inspector-General of Police Tan Sri Noor Rashid Ibrahim (pix) said the committee will to look into the conditions at the Ayer Molek police station lock-up.

"We will also get in touch with Suhakam to see if they have any additional reports on the lock-up so we can improve it," he said yesterday during press conference.

Noor Rashid said the lock-up was old and it must be looked at and improved.

"Although the infrastructure must be taken a look at, more importantly, we need to address the issue of management. From a management point of view, we need to pinpoint its weaknesses and improve it," he said.

He ensured that they will take action to improve the lock-up especially its management.

Suhakam chairman Tan Sri Razali Ismail said in the statement on Wednesday that based on a recent visit to the lock up in Johor Baru, he found that all cells were in extremely poor and dilapidated conditions, and detainees have been deprived of drinking water and even food.

"Several critical issues such as healthcare practices and basic human rights have been denied for the detainees. Suhakam is extremely concerned to learn that drinking water was only provided three times a day," he revealed.

Razali said having access to safe drinking water was central to living a life in dignity; and in accordance with Rule 20(2) of the Standard Minimum Rules for the Treatment of Prisoners, drinking water shall be made available to every prisoner whenever he needs it.

"While detainees are entitled to clothing that is clean, there was also an overall shortage of clean lock up clothes," he added.

Noor Rashid earlier gave out prizes to teams of police personnel who entered the Royal Malaysia Police's innovation contests. - The Sun Daily, 17/8/2017

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