The Bar Council has called on the government and Home Minister Datuk Seri Saifuddin Nasution Ismail to immediately take steps to abolish solitary confinement of prisoners, and for prison authorities to implement appropriate reforms to improve the living conditions of inmates, especially those on death row.
Its president Karen Cheah Yee Lynn told theSun the call is particularly important as it is “psychologically traumatic” for convicts on death row with a moratorium in place.
She added that on Jan 13, the Bar Council met Prime Minister Datuk Seri Anwar Ibrahim, “and prison reforms were among the matters discussed”.
Cheah was commenting on theSun’s report on April 7 quoting eminent forensic psychiatrist Datuk Dr Suarn Singh, who said: “It is cruel and inhumane to keep a prisoner in solitary confinement for years as it could cause mental disorders in those who do not have any, and a relapse in others with pre-existing conditions.”
Cheah said: “Prolonged isolation as a form of punitive sentencing is unduly harsh, and we agree with the statements made by Datuk Dr Suarn that these could have long-lasting negative consequences on the psyche of inmates.”
She stressed that death row conditions “constitute a denial of fundamental human needs for social interaction and autonomy (in the appropriate sense within prisons)”.
“We understand (from Suarn) that there is research pointing to the tremendously devastating impact solitary confinement has on the emotional, mental and physical health of inmates, and there is a US study that found those who were held in solitary confinement were more likely to self-harm themselves compared with others.
“The World Health Organisation has also stated that the effects of solitary confinement on the health of prisoners include anxiety, depression, anger, cognitive disturbances, perceptual distortions, paranoia and psychosis.
“Suarn has also pointed to evidence from research in the US that people who suffer mental illnesses are over-represented in prisons, and solitary confinement could potentially exacerbate their mental problems and render them a threat to themselves and others,” she said.
Cheah added that as part of the Bar Council’s call for reforms, prison staff must be sufficiently equipped with the knowledge to perform their duties while respecting the dignity of inmates.
She said this will require skills that are complex and multifaceted, so prison authorities and staff must be trained to understand human rights within a prison context.
She also said this was in line with Rule 75 of the United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules.
“The Rules stipulate that ‘all prison staff shall possess an adequate standard of education and shall be given the ability and means to carry out their duties in a professional manner’, and that ‘the prison administration shall ensure the continuous provision of in-service training courses to maintain and improve the knowledge and professional capacity of its personnel’.”
Cheah reiterated Suarn’s contention that Regulation 25(6) of the Malaysian Mental Health Regulations 2010 prohibits the seclusion of a mentally disordered person in psychiatric hospitals for more than eight hours consecutively or more than 12 hours intermittently over 48 hours without an independent review by a psychiatrist.
Considering this, she said: “The Bar Council calls on prison authorities to be held to the same standards, and for the Malaysian Prison Act 1955 (Act 537) (Amended 2009) to be reviewed to effect this if required.”
Cheah said Malaysia has yet to ratify the United Nations Convention against Torture and Other Cruel, Inhumane or Degrading Treatments or Punishments and its optional protocol.
“The acceptance of international human rights norms will allow Malaysia to establish baselines for human rights in this country.
“The Bar Council is looking not just at the abolition of solitary confinement, but for the government to abolish the death penalty in toto, as well as to ratify other international instruments.
“Once they are ratified, it would rationally follow that such inhumane treatment can be addressed through holistic reforms and legislative enactments, including the sub-category of solitary confinement, where our call is for such punishment to be eliminated.”
Cheah stressed that the Bar Council has always maintained that prisoners must be treated with dignity to reflect the ideals of a progressive criminal justice system – one that serves as an institution of detention and rehabilitation. These must comply with internationally accepted standards.
“We submitted proposals to the Institutional Reforms Committee in 2018, and again to the government in February on how our prison systems should be reformed under the Nelson Mandela Rules.
“We have sought for a specialised committee comprising various stakeholders, including the Bar Council, prison authorities, Suhakam and criminal reform specialists, to be established to undertake a comprehensive study on prison reforms and make the appropriate recommendations.
“If there are inconsistencies in the law, such provisions should be construed in a manner where justice can be best served. Reforms must be carried out after consultations with stakeholders and consideration of relevant factors.”
