KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam) has described the Ayer Molek Police lock up conditions as deplorable and hazardous to the health and wellbeing of its occupants.
Suhakam chairman Tan Sri Razali Ismail said based on a recent visit to the lock up in Johor Bahru found that all cells were in extremely poor and dilapidated conditions, and detainees have been deprived of drinking water and even food.
Razali said pursuant to its legislated mandate for an independent and objective scrutiny of the conditions and human rights situation of lock ups, Suhakam visited the premise on July 31 before stating its observation in the open today.
" 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 emphasised that 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.
The Ayer Molek Police Lock Up was formerly a prison with the capacity of 180 detainees but was converted into a temporary police lock up in Jan 2009.
While detainees were not necessarily subjected to overcrowding, Razali said the cells were small, without adequate lighting and ventilation as well as bedding.
He added that during the visit, Suhakam also received complaints regarding the quantity and quality of food that was provided.
"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 Health Ministry," Razali said.
He said if acceptable standards in detention cannot be maintained, the Ayer Molek lock up and other lock ups in similar conditions should be closed.
"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 as well.
"Given the numbers of persons in detention, the allocated national budget for this population must be revisited," he said in a statement.
Razali added that checks also revealed the absence of a custodial medical team and medical officer at the lock up as stipulated under the Lock Rules 1953 to provide immediate medical care to detainees.
"This has been said over and over again and despite our repeated and numerous recommendations, the situation remains the same.
"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 of diseases such as tuberculosis within the lock up," he said.
In the past there have been 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 in this case," Razali said.
He said the lock up management must ensure that the detainee’s unconvicted status is demonstrated in their treatment and called on the Home Ministry to take immediate steps to better the conditions endured by persons who are on remand and not yet charged.
Razali added the conditions were so poor that they amoun
ted to cruel, inhuman or degrading treatment and reiterated 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.