PRESS
STATEMENT
“URGENT
REFORM NEEDED REGARDING INHUMANE LOCK UP CONDITIONS IN AYER MOLEK”
KUALA
LUMPUR (16 AUGUST 2017) - The
Human Rights Commission of Malaysia (SUHAKAM) visited the Ayer Molek Police
Lock Up in Johor Bahru on 31 July 2017 pursuant
to its legislated mandate for an independent and objective scrutiny of the
conditions and human rights situation of the lock up, particularly on several
critical issues such as healthcare practices.
The Ayer Molek Police Lock Up is a former prison that
was converted into a temporary police lock up on 8 January 2009. It has a maximum capacity of 180 detainees.
SUHAKAM visited all cells and observed that the conditions were extremely poor,
with decaying flooring and dilapidation in most cells. While detainees were not
necessarily subjected to overcrowding, the cells were small, without adequate
lighting and ventilation or bedding. It is SUHAKAM’s observation that the
detainees were held in conditions hazardous to their health and wellbeing.
SUHAKAM is extremely concerned to learn that drinking
water was only provided three times a day. SUHAKAM emphasizes that having
access to safe drinking water is 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 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.
SUHAKAM finds it unacceptable that the daily food
budget for detainees is RM 8 for three meals per detainee. Even the lock up
staff acknowledge that this amount does not allow for sufficient portions that
are nutritionally balanced and adequate according to the diet prescribed by the
Ministry of Health. During the visit, SUHAKAM received complaints regarding the
quantity and quality of food that was provided. SUHAKAM stresses that there is
an urgent need to undertake a review of the budget allocation for food and
potable drinking water for detainees throughout the country, as we believe that
similar circumstances exist in other lock ups nationwide. Given the numbers of
persons in detention, the allocated national budget for this population must be
revisited.
SUHAKAM is also troubled with the absence
of a custodial medical team and medical officer as stipulated under the Lock
Rules 1953 to provide
immediate medical care to detainees despite our repeated and numerous
recommendations. Overcrowding, inadequate access to healthcare services, poor
nutrition, hygiene and sanitation are not only violations of human rights, but
these conditions increase the risk of the spread diseases such as tuberculosis
within the lock up.
SUHAKAM empathizes with lock up officers who have to
purchase face masks and gloves on their own to protect themselves against
tuberculosis and other transmission of diseases.
SUHAKAM was informed that
there were cases of police officers stationed at the lock up who had contracted
tuberculosis from sick detainees.
SUHAKAM observes that the United Nations Standard
Minimum Rules for the Treatment of Prisoners (Mandela Rules) which is a soft
law instrument that contains provisions protecting the human rights and
personal liberties of detainees are not being fully complied with.
SUHAKAM emphasises that lock up management must ensure
that the detainee’s unconvicted status is demonstrated in their treatment and calls on the Ministry of Home Affairs to take
immediate steps to remedy the deplorable and inhumane conditions endured by
persons who are on remand and not yet charged.
SUHAKAM is of the view that the conditions are so poor
that they amount to cruel, inhuman or degrading treatment and reiterates that
treating persons deprived of their liberty with humanity and respect for their
dignity is a basic and universally applicable tenet;
the applicability of which cannot be dependent on budget or financial resources
of a lock up. If acceptable standards in detention cannot be maintained, the
Ayer Molek and other lock up’s in similar conditions must be closed.
-END-
Tan Sri Razali
Ismail
Chairman
Human Rights Commission
of Malaysia (SUHAKAM)
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