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Overcrowding behind rapid spread of Covid-19 in Malaysian prisons

KUALA LUMPUR: Lawyers for Liberty (LFL) has called on the Prisons Department to address overcrowding issues at Malaysians prisons, which have become Covid-19 hotspots nationwide.

Its coordinator, Zaid Malek, said the Health Ministry's plan to review the standard operating procedures (SOP) in prisons may have "negligible effect" as long as prisons nationwide remain overcrowded.

"The crux of the problem that needs to be addressed is the overcrowding of detainees in our prisons.

"It has been reported that prison facilities are currently housing 73,000 prisoners in spaces intended to only hold 52,000 inmates.

"Without significantly reducing the number of inmates in our prisons, any SOP in place is likely to fail, and the consequences may be catastrophic, not only to the prisoners, but also the prison staff and their families, as well as the community at large," he said in a statement today.

On Oct 6, Prisons Department director-general Datuk Seri Zulkifli Omar announced it will release on licence (ROL) minor offenders who were sentenced to less than one-year imprisonment, and who have less than three months left to serve.

However, Zaid said the measure has yet to yield any positive development.

"There have been no reports of how many inmates have been released under ROL to date, if any.

"Furthermore, the limited criteria of those eligible for ROL would mean that this proposed solution would not drastically reduce overpopulation of inmates in our prisons, and our detention facilities would remain a breeding-ground for Covid-19 infection.

Therefore, Zaid urges the government to consider several suggestions to curb overcrowding in prisons.

"The government must not only immediately release prisoners who are detained for minor offences as previously announced, but also those detained under non-violent crimes.

"Inmates who have served two-thirds of their sentences, as well as prisoners at risk should be given similar consideration.

"Similarly, the large number of foreigners or immigrants currently being held in prison for remand or upon conviction for immigration offences or minor offences (who are not categorised as asylum seekers) should be repatriated immediately to their countries of origin," he said.

Zaid reminded the authorities to protect the welfare of inmates, as they are still guaranteed the right to life and liberty under Article 5 of the Federal Constitution, despite their criminal charge or conviction.

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