Tuesday, January 22, 2019

Wearing Vests With ‘MONYET’(Monkey) While Sentenced To Do Community Service Is Derogatory And Wrong - MADPET

Update:-Malaysiakini carried this Media Statement -Why the 'monkey' vests for community service? - Malaysiakini, 22/1/2019

Media Statement – 22/1/2019

Wearing Vests With ‘MONYET’(Monkey) While Sentenced To Do Community Service Is Derogatory And Wrong

The Guilty And Prisoners Must Always Be Treated With Respect And Dignity

MADPET(Malaysians Against Death Penalty and Torture) is appalled by the revelation that minor offenders sentenced to do community service have been made to wear green vests with the word “MONYET” (monkey) emblazoned on them in Semporna, Sabah. (Malay Mail, 11/1/2018).

Whilst, community service as a sentence is not the issue, but the word ‘monkey’ on their vest is just wrong. Even convicted persons must be treated with dignity – doing community service in public is punishment enough – they is no need for any derogatory name association with even the guilty.

The United Nations General Assembly Resolution 45/111 of 14 December 1990, in Article 1 states, ‘All prisoners shall be treated with the respect due to their inherent dignity and value as human beings.’. Wearing a vest with the word “MONYET” (monkey) emblazoned on them is certainly not respect due to their inherent dignity and value as human beings.

A person who is found guilty certainly needs to be punished, but we must not go overboard to permanently scar their dignity, name or reputation. After serving their just sentences, we hope that they will be re-integrated into society as good contributing citizens, never to again resort to crime.

It was also revealed in the media in May 2017 by the then Woman, Family and Community Development Deputy Minister Datuk Azizah Mohd Dun, that ‘…A total of 4,620 youths, aged between 18 and 21, were punished with community service between 2008 until last year[2016] for their involvement in social ills and crime… Azizah said the community service was aimed at rehabilitating and preventing young offenders from repeating past mistakes - restoring them to society through sentencing, rehabilitation and awareness’. It is not clear as to how many adults were sentenced to community service in Malaysia, but the stress should be that any punishment, including community service is ultimately rehabilitate a person not to permanently scar them, and indirectly their families as well.

It may be acceptable for those sentenced to do community service to do don brightly colored vests with words like ‘Community Service For Committing Crimes’ or such, but the derogatory branding with words like MONYET(monkey) or such words must end.

The Chief Justice Tan Sri Richard Malanjum proposal to using alternative sentences like community service for minor or less serious offences is good, but MADPET proposes that this option also be considered for other crimes.

In Malaysia day, there are just too many persons in detention for a country of about 30 million people. Prison population total (including pre-trial detainees / remand prisoners) as at September 2017, according to the World Prison Brief, who claims the data was provided by the Ministry of Home Affairs is 55,413, of which about 29.8%(as of mid-2017) are pre-trial or remand prisoners.

This means about 177 of every 100,000 in Malaysia are in prison. The official prison capacity in September 2017 was 45,640, and the occupancy level then was 121.4%. There is serious overcrowding in Malaysia’s prisons.

The pre-trial detainees/remand prisoners, which is about 30% of the total prison population, would be those still not convicted who are not qualified to get bail, who have been denied bail or those who cannot afford to pay the bail amount.

It will include also all persons charged under any one of the listed security offences in  Security Offences (Special Measures) Act 2012(SOSMA), as section 19(1) SOSMA states, ‘19(1) Bail shall not be granted to a person who has been charged with a security offence.’. This would include the about 60 Penal Code Offences, including that about 9 unjust questionable ‘activity detrimental to parliamentary democracy’ offences introduced in 2012 by the past government.

Whilst Malaysia has a prison population rate of 177, many other countries have much lower – India(33), Iceland(37), Japan(41), Finland(51) and Sweden(59). There really must be a serious review of the reasons of such high numbers in Malaysian prisons. Prison conditions and treatment of detainees, especially pre-trial detainees/remand prisoners, also need to improve.

Adequacy of judges and courts also may be of serious concern, as pre-trial detainees/remand prisoners who are innocent until proven guilty, deserve speedy trials which really should start and end within three(3) months at most.

Sentencing provision in laws need to be looked at, including providing for lesser sentences for first-time offenders and minor offences. Are prison sentences just too long?

It must be pointed out that many innocent persons, especially the poor who cannot afford bail, may simply elect to plead guilty and serve their sentence, rather than risk long detentions awaiting the completion of their trial. This is an injustice we really do not want.

MADPET is also concerned with the treatment of suspects and those not yet convicted, who are forced to wear lock-up and/or prison clothes when they appear for their remand applications and/or trial.

Justly, they should be allowed to wear normal clothes, especially when they go to courts, for the negative effects of being seen and/or photographed wearing such ‘attire’ will have long term impact not just on them but also their family/friends, more so if they are ultimately not found guilty after a fair trial. Eventhough, judges may be professional, they are still human. Would not the seeing of accused persons in such attire and condition act negatively against the accused in trial?

In some jurisdiction, suspects and accused are allowed to clean themselves up and wear decent clothing before they are brought for their remand proceedings and/or trials. The State even goes to provide them with decent clothes for their court appearance, if needed.

As such, MADPET

-          Calls for the immediate removal of the word ‘MONYET’(monkey) from the attire used by persons sentenced to do community service whilst they carry out their sentence. Prisoners should be treated with respect and dignity;

-          Calls for the abolition of the practice the wearing of ‘special’ lock-up or prison attire when suspects attend the remand applications, or when accused attend their trials;

-          Call for the review of sentences, introducing also alternative sentences like community service, always bearing in mind that the primary object besides punishment is the rehabilitation and future re-integration into society;

-          Calls that Malaysia ensure that all persons be entitled to bail, and no one should be denied bail simply by reason of poverty or laws like SOSMA, that unilaterally deny bail for all charged with a ‘security offence’. The entitlement to bail, or otherwise, should be sole discretion and responsibility of judges after considering all relevant factors. Parliament should not deny bail by law as was done in SOSMA;

-          Calls that for those accused who remain in detention, a speedy trial be guaranteed;

-          Reiterates the call for the immediate repeal of the Security Offences (Special Measures) Act 2012, and to guarantee a fair trial for everyone using the same Evidential and Procedural requirement/conditions for all;

-          Call for the introduction for a Criminal Compensation law, that will provide adequate compensation for all who have been detained wrongly, who at the end of the day are not found guilty and convicted by the Courts. This will at least bring about some justice to victims and their families, resulting from wrongful detention by police/State;

-          Calls for an improvement of prison conditions, and a serious effort to reduce the prison population to a reasonable prison population rate;

-          Call on Malaysia to adhere to the 1990 United Nations General Assembly Resolution 45/111 Basic Principles for the Treatment of Prisoners, and also the United Nations Standard Minimum Rules for the Treatment of Prisoners;

Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)


What’s better than jail for misdemeanors? Community service, says CJ(Malay Mail, 11/1/2019) https://www.malaymail.com/news/malaysia/2019/01/11/whats-better-than-jail-for-misdemeanors-community-service-says-cj/1711491
Picture of these MONYET(Monkey) vests - NGO respects local authority's decision on MONYET vests for litterbugs(New Straits Times, 10/1/2019)

Source: New Straits Times, 10/1/2019

What’s better than jail for misdemeanors? Community service, says CJ

Malanjum said that on top of being a successful step to discourage repeat offenders, community service is able to solve the problem of overcrowding at prisons under the current penal system. — Picture by Shafwan Zaidon
Malanjum said that on top of being a successful step to discourage repeat offenders, community service is able to solve the problem of overcrowding at prisons under the current penal system. — Picture by Shafwan Zaidon
PUTRAJAYA, Jan 11 — Sentencing a serial offender of minor offences to community service has proven to be a more effective deterrent than sending them to prison, Tan Sri Richard Malanjum said today.
The chief justice said that punishment has worked in Sabah due to the public shame rained on the perpetrators of misdemeanors and encouraged judges elsewhere to try it out.
“There is a provision in the Criminal Procedure Code which allows punishment through community services for non-severe offences and we use this against them.
“We find it very effective than sending them to prison for a week or a month,” he told a press conference at the opening of the legal year 2019 at Putrajaya Marriott hotel here.
He added that on top of being a successful step to discourage repeat offenders, community service is able to solve the problem of overcrowding at prisons under the current penal system.
Malanjum was asked his response to the forced community service meted out in Semporna, Sabah after several litterbugs were forced to don green vests with the word “MONYET” (monkey) emblazoned on them as part of their punishment for dumping garbage indiscriminately in the district earlier this week.
Semporna has been facing cleanliness issues for a long time due to the attitude of the locals and especially foreigners who often throw rubbish indiscriminately.
Earlier during his speech, Malanjum said judges and judicial officers were being encouraged to consider imposing community services instead of imprisonment to offenders in appropriate cases.
“In this way not only it may better rehabilitate the offenders, it is also costs saving for the prison,” he said.
In November last year, Sabah Chief Minister Datuk Seri Mohd Shafie Apdal said he was dissatisfied with the level of cleanliness in Semporna which he feared will negatively affect tourist arrivals. - Malay Mail, 11/1/2019

No comments: