Media Statement – 7/2/2023
About 40% (or 30,000) innocents, not yet tried and convicted, are in Malaysia’s overcrowded prisons of about 76,336 inmates - A travesty of justice.
Expedite trials, financial assistance for the poor to be released on bail, review of laws denying bail, more judges and courts, legal aid, etc. are needed to overcome the 36% prison overcrowding and to ensure justice
In mid-2021, about 41.7 percent of persons in Malaysian prisons are yet to be tried, convicted and sentenced, according to World Prison Brief, who obtains information from Malaysian government sources. They are called ‘Pre-trial detainees / remand prisoners’, and this means they are innocent, as stated in Article 11(1) Universal Declaration of Human Rights, which reads, “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.”
The Malaysian Prison Department disclosed prisons on 3/2/2023, that the inmates in Malaysian prisons are packed to overflowing. The department said the number of inmates in prisons nationwide exceeds its current maximum capacity of 4,200 by 36 per cent. This rate is based on international regulations. “Measures to reduce congestion will continue with the cooperation of various agencies that will also focus on reducing the number of remand prisoners,”(Malay Mail, 3/2/2023)
In October 2022, Prison Department director-general Nordin Muhamad revealed that there were a total of 82,539 prison inmates and of that number, 76,336 were in prison, while 6,203 had been placed in the community rehabilitation programmes. (11/10/2022, FMT)
Prison overcrowding would be resolved if the majority of these per-trial/remand detainees are released on bail pending the end of trial. Most of these are the poor, who simply cannot afford bail.
Denial of bail for serious crimes like murder may be justifiable. Statutory denial of bail by laws like for all SOSMA listed offences must also end, and let judges decided on bail. Lesser offences not resulting in death or grievous bodily harm should be entitled to bail.
About 30,000 innocent persons in Malaysian Prisons
If there are 75,000 in prison, that will mean that about 40% (or 30,000) are inmates that heave yet to be tried, convicted and sentenced.
Poverty is one of key reasons, why the yet to be tried and found guilty are in prison. They simply cannot afford to post bail, as they have no acquaintance or family member that is rich enough and willing to place the bail sum that could be thousands of Ringgit in court. The surety who places the bail money simply would not be able to use this money until the trial is over, and many a poor simply cannot afford to post bail, if it means that they will not be able to have access to them even in times of need.
The rich like the Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi’s is out on RM2 million bail whilst his criminal trial proceeds, but many a poor person simply cannot even raise the bail amount, let alone fine sureties willing to post bail sums of thousands of Ringgit.
In Thailand, with the passing of the Justice Fund Act, B.E. 2558 (2015), there is now legal assistance provided by government made available to low-income people so that they could have proper legal defence in court and could be released immediately on bail whilst awaiting their trial to end. Between October 1, 2021 and March 31, 2022, this fund has approved THB190 million to help low-income people related to lawsuits against them … helped 1,425 people fight legal cases in court …also provided money to help 473 people offer financial guarantee for release on bail …’(Nation, 15/4/2022)
MADPET (Malaysians Against Death Penalty and Torture) calls on Malaysia to consider and set up a similar fund that will give the poor access to monies that can be used for bail, so that they no longer need to languish in prison until the court decides after trial whether they are guilty or not.
Expedite Trials of the about 30,000 pre-trial/remand detainees
Remember that these are persons that did not plead guilty and demanded trial. If they are to be remanded until end of trial, these trials must be expedited and targeted to end within 3 months or sooner – noting that after trial, they may be found not guilty. As it is now, Malaysia still does not have a Criminal Compensation Act, that will compensate the innocent victims for the detention and suffering endured until the court finds them not guilty.
Gross injustice when the innocent ends up being convicted/sentenced
It must be acknowledged that many an innocent person, especially the poor, do plead guilty so that they can serve their sentence and move on with their life. The reason could be poverty, and the fact that if they do not plead guilty, they will still end up as pre-trial/remand detainees in prison for an undefined period for no one knows when their trial would proceed and end. It is sad that many may be in prison for a term longer that the sentence they will be imposed if they pleaded guilty fast. There is loss of faith in criminal administration of justice.
As trials are delayed, many a innocent pre-trial/remand detainees in prison may still end up pleading guilty, because of delays in trial. They choose to abandon their quest for justice, that they had hoped to get from a fair trial.
The problem thus may be with the courts – the inadequacy of judges and courts to ensure speedy trial. MADPET calls for an increase of judges and courts, so that we can speedily reduce the pre-trial/remand detainees in prison to at least less than 5 per centum of the total prison inmate population.
Programs to reduce prison population in Malaysia to date seems to impact only the convicted serving their sentence, not the pre-trial/remand detainees in prison.
The initiatives implemented since 2008, such as the parole system, compulsory attendance order, resident reintegration programme, licenced prisoner release, community rehabilitation programmes and several other programmes could reduce overcrowding in prisons across the country are really for the prisoners, already convicted serving their sentence.
Provide lawyers to all pre-trial/remand detainees
The Malaysian government did not provide legal aid for suspects and accused in criminal cases until about 2012, and thus the Malaysian Bar, with its own funds and lawyers filled this gap. Only since 2012, through the Yayasan Bantuan Guaman Kebangsaan(National Legal Aid Foundation, “YBGK”) scheme did the government step in to provide financial payments for lawyers providing legal aid for criminal matters. However, foreigners are generally still excluded, and they can only still rely on the Malaysian Bar Legal Aid lawyers or lawyers who come in on their own to act pro bono or with minimal fees.
Noting that many of the pre-trial/remand detainees in prison today are foreigners, MADPET calls on the Malaysian government to provide legal aid lawyers for all, as this is also help expedite and ensure a fair trial.
The major problem with the overcrowding in prisons is the large percentage of pre-trial/remand detainees, and on an urgent basis, Malaysia must expedite trials, and take steps to reduce the number of pre-trial/remand detainees.
Maybe, courts should review the bail amounts and conditions of all pre-trial/remand detainees, and the government should assist even financially to ensure that no innocent person languishes in prison before they are tried, convicted and sentenced. Even Najib, after conviction was allowed out on bail, until the end of the final Federal Court appeal.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Prisons Dept reveals jail congestion at 36pc, taking measures to reduce overcrowding
KUALA LUMPUR, Feb 3 — The Malaysian Prison Department today disclosed prisons in the country are packed to overflowing.
The department said the number of inmates in prisons nationwide exceeds its current maximum capacity of 4,200 by 36 per cent. This rate is based on international regulations.
The department said it has undertaken reforms which aims among other things to reduce overcrowding and recidivism in all prisons, including Sungai Buloh Prison in Selangor. This includes putting in bunk beds in prison cells and dormitories.
“The department is also cooperating with the courts to speed up trials and focus on the rehabilitation programmes in the community which currently involve a total of 82,487 prisoners with a recidivism rate of only 0.24 per cent
“The rehabilitation programme in the community also involves a number of convicted prisoners placed in Sungai Buloh Prison,” it said.
The department said it is using the former National Service Training Programme premises as a Resident Reintegration Centre and Satellite Prisons.
“The department is studying the use of electronic monitoring devices for low-risk remand prisoners to prevent them from being held in prison,” the department said.
It added that its measures so far have helped reduce overcrowding in Sungai Buloh Prison. - Malay Mail, 3/2/2023
Two-thirds of prisoners to undergo community rehab by 2030
Bernama
- October 11, 2022 10:26 PM
Prisons department director-general Nordin Muhamad said there was overcrowding as the prisons could only house about 66,000 inmates.
KAJANG: The prisons department hopes to place two-thirds of eligible inmates in a rehabilitation programme within the community by 2030 to reduce overcrowding in prisons.
Its director-general Nordin Muhamad said initiatives implemented since 2008, such as the parole system, compulsory attendance order, resident reintegration programme, licenced prisoner release and several other programmes could reduce overcrowding in prisons across the country.
He said there were a total of 82,539 prison inmates and of that number, 76,336 were in prison, while 6,203 had been placed in the community rehabilitation programmes.
“Currently, the prisons can only house about 66,000 inmates so there is overcrowding of about 10,000 inmates.
“This initiative is expected to reduce overcrowding, and we estimate that more offenders will be considered by the courts to undergo community rehabilitation programmes,” he said in briefing the media about the Offenders Compulsory Attendance (Amendment) Act 2022 at the department headquarters here.
Nordin said the implementation of the amended Act could provide an opportunity for minor offenders to serve their sentences outside prison.
The compulsory attendance order is an alternative punishment outside the prison walls for offenders who commit certain offences. Such offenders will carry out compulsory work in the interest of the community.
He added that the community rehabilitation programme had proven to be effective as it had successfully reduced the rate of repeat offenders. He estimated that only one in 400 released inmates returned to prison.
“We aim to reach 10,000 offenders to undergo compulsory attendance order this year and we have already reached 79.5%, and are confident that the number can be reached before November this year,” he said.
He said there were 52 compulsory attendance order centres. He hoped the government would consider adding 20 more across the country. - FMT, 11/10/2022
Prisons dept mulls off-days from jail to solve overcrowding
The emergency management days system has been used in many countries, where prisoners can apply to leave jail, including during personal emergencies, on certain conditions, especially good behaviour.
Prison authorities are considering allowing emergency management days (EMD) for low-risk prisoners as one of several measures to address the problem of overcrowded jails nationwide.
The prisons department said this was one of five measures to reduce congestion in prisons, including Sungai Buloh Prison where it said there had been some success.
"Through the measures taken, the problem of overcrowding at Sungai Buloh Prison has been reduced. There is an excess of 36% compared to the maximum capacity of 4,200 prisoners, which is an additional 20% of existing capacity," the department said.
The EMD has been used in many countries, where prisoners can apply to leave jail, including during personal emergencies, on certain conditions, especially good behaviour.
The department said apart from the EMD proposal, it is also installing double decker beds in cells and dormitories.
Prison authorities are also focusing on rehabilitation through community activities involving 82,487 inmates, as well as working with the courts to speed up trials.
The department said former sites used for the National Service Training Programme and satellite prisons will also be utilised to house inmates. - Malaysia Now, 7/2/2023
Justice Fund helps legal defence of over 2,400 low-income people
The Justice Fund has spent THB190 million to help 2,457 low-income people and victims of violent crimes during the past six months, Justice Minister Somsak Thepsuthin said on Friday.
Between October 1, 2021 and March 31, 2022, the fund has approved THB190 million to help low-income people related to lawsuits against them and for compensating crime victims, Somsak said.
The fund helped 1,425 people fight legal cases in court and is assisting 130 others, Somsak said.
The fund has also provided money to help 473 people offer financial guarantee for release on bail and it is helping 119 others. So far, the fund has paid compensations to 14 crime victims and it considering 18 other cases.
Somsak added that 80 low-income people had sought legal advice from the fund and 66 of them had been helped.
The fund approved THB18 million for helping legal cases of low-income people from the total budget of THB45 million.
The fund had budgeted THB130 million to provide money to help crime suspects secure release on bail, but it has spent THB168 million to help them.
The fund has paid out THB160,000 to help victims of crime victims from the THB2 million budget, and has spent THB3.2 million to provide legal knowledge to people from the budget of THB20 million.
In total, the Justice Fund has spent Bt190 million on different missions from the THB197-million budget, Somsak added.
The minister said he had instructed agencies of the Justice Ministry to speed up providing legal assistance to low-income people so that they could have proper legal defence in court and could be released on bail.
After the Songkran holidays, the help would be carried out in a proactive manner. The goal is to bury forever the old saying ‘Only the poor go to jail’, Somsak said.
He said low-income people who need legal assistance can call hotline 1111 ext 77. - Nation
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