MADPET is for the Abolition of Death Penalty, an end of torture and abuse of rights by the police, an end to death in custody, an end to police shoot to kill incidents, for greater safeguards to ensure a fair trial, for a right to one phone call and immediate access to a lawyer upon arrest, for the repeal of all laws that allow for detention without trial and an immediate release of all those who are under such draconian laws.
Separating Children From Their Parents in Malaysian Immigration Depot
May Not Be In The Best Interest of the Child
Better for special units to house
families with children
MADPET (Malaysians Against Death Penalty and
Torture) welcomes Malaysian Home MinisterSaifuddin Nasution Ismail statement
that children detained at immigration depots will soon be removed from the
depots and placed in the care of organizations that specialize in child welfare.
The detaining of children with other adult
strangers is not acceptable, as children should be detained with their family
and parents (mother and father).
Rather than separating children from their
families, as proposed by the Minister, it is better to provide special detention
facilities just for families with children, rather than separating the child
from the family.
Convention on the Rights of the Child(CRC),
where Malaysia is a signatory, in
article 9(1) states that ‘1. States Parties shall ensure that a child shall not
be separated from his or her parents against their will…’ unless the court in
judicial review determines that separation is in the best interest of the
child.
Separating especially a young child from
his/her mother/father is certainly not in the best interest of the child. A
better solution is the provision of special detention facilities for families
with children.
Removal after conviction and serving
sentence?
At the moment, those at the immigration depot,
including children, have broken the law. To be removed from Malaysia back to
their country of origin may take some time – as these law-breakers will first
be charged, then serve their sentence if convicted, and then only be allowed to
return home.
As an example, for unlawfully being in Malaysia(section
6), if convicted in court, may result in
a fine not exceeding ten thousand ringgit or to imprisonment for a term not
exceeding five years or to both, and shall also be liable to whipping of not
more than six strokes.
With regards to removal from Malaysia, section 32
Immigration Act 1959/63 states ‘…(1) Any person who is convicted of an
offence under sections 5, 6, 8 or 9 shall be liable to be removed from
Malaysia by order of the Director General…’ This, on the face of it, means that
one can only be removed after being convicted and serving the sentence.
Would these children also be tried and
sentenced, serve their sentence and then only be returned to their country of
origin?
The CRC says that ‘a child means every human
being below the age of eighteen years…’. However, in Malaysia, many of these ‘children’
can also still be charged and tried.
Repatriation on
Application for certain classes
There is also in the Immigration Act the
possibility of repatriation for certain classes on application to the Director
General. Should undocumented migrants
detained with children be made an additional class, which will allow these
families with children to repatriated fast, without the preliminary requirement
of first serving their sentence before withdrawal from Malaysia.
Sadly, we do not have the needed information of
how many babies, young and older children are in the immigration depots in
Malaysia. Were they arrested with their parent and other siblings? A single
solution for all children, irrespective of their ages may not be best.
One must also look into why families and/or
individuals are coming to Malaysia. Is this because of our porous borders,
corruption or because there are employers willing to employ the undocumented? Whilst
Malaysia seems to focus on the migrants, it may be time to target corruption and
even review migrant employment policies.
MADPET is of the opinion that the best option
is that family units with children should be housed together in special facilities,
not the same as with other adult undocumented migrants.
MADPET also feels that it best that these
families be speedily repatriated, rather than being first convicted and removed
from Malaysia only after serving their sentences.
MADPET is also concerned that the Minister says
that children will be under the care of non-governmental organisations (NGO)
specialising in child welfare. It is best that even if children are to be cared
for, it must be done by the government in government facilities.
MADPET reiterates the call for the abolition of
the corporal punishment of whipping. Whipping of poor migrants who come to
Malaysia to find jobs to survive is inhumane.
Charles
Hector
For
and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Detained children to be moved out of immigration depot
Home
minister Saifuddin Nasution Ismail said he had identified the profiles
of the children, their numbers and where they were detained.
A child pictured among migrant workers detained during an immigration raid in Kuala Lumpur in 2021. PUTRAJAYA: Children detained at immigration depots will soon be removed from the depots and placed in the care of organisations that specialise in child welfare, says home minister Saifuddin Nasution Ismail.
He said he has already identified the profile of the children, their numbers and where they were detained.
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“Very soon, I will bring them out. I have been dealing with NGOs that are involved in providing welfare services to children,” he told reporters last night.
The human rights commission of Malaysia (Suhakam) had recently expressed concern about the welfare of 36 children housed at the Lenggeng depot. The children were among 67 Indonesian migrants rounded up in a raid on an illegal settlement in Nilai Spring on Feb 1.
Speaking of a Bangladeshi child who was found in a container at Westport in Port Klang last month, Saifuddin said the child would be sent home next week.
The eight-year-old from Chittagong, Bangladesh, had accidentally wandered into a container and was locked inside for six days before being spotted by Malaysian authorities. He was taken to hospital and is currently under the care of an NGO.
Saifuddin said the ministry had managed to locate the child’s family “and I have informed my counterpart in Bangladesh that the kid will be sent back. All the documentation process at the embassy has also been done”. - FMT, 16/2/2023
Suhakam welcomes govt’s decision to move children from immigration detention depot
Suhakam
chairman Datuk Rahmat Mohamad said the decision is in line with
Suhakam’s recommendation to the government to implement Alternatives to
Detention for the children concerned. — Picture by Ahmad Zamzahuri
.
Friday, 17 Feb 2023 1:40 PM MYT
KUALA
LUMPUR, Feb 17 — The Human Rights Commission of Malaysia (Suhakam) has
welcomed the government’s decision to place children in immigration
depots under the care of non-governmental organisations (NGO)
specialising in child welfare.
In a statement today, Suhakam
chairman Datuk Rahmat Mohamad said the decision is in line with
Suhakam’s recommendation to the government to implement Alternatives to
Detention (ATD) for the children concerned.
“Suhakam hopes that the enforcement authorities will ensure that children will not be placed at the immigration depots anymore.
“As
a party to the Convention on the Rights of the Child, Malaysia is
obliged to ensure that the detention of a child shall be used as a
measure of last resort, in particular when they were detained together
with their parents or guardians due to immigration offences,” he said.
He
added Suhakam will continue to monitor the implementation of ATD and
advocate for the rights and well-being of all children in the country.
Home
Minister Datuk Seri Saifuddin Nasution Ismail who announced the matter
yesterday reportedly said he had already identified the profile of the
children, their numbers and where they were detained. — Bernama - Malay Mail, 17/2/2023
Set up fund for detainees to post bail, govt urged
FMT Reporters - February 7, 2023 9:00 PM Malaysians Against Death Penalty and Torture says about 40% of those in prison have not been tried or convicted.
PETALING JAYA: A rights group has called on Putrajaya to consider setting up a fund for the poor to use as court bail as a way to overcome the problem of overcrowded prisons.
Malaysians Against Death Penalty and Torture (Madpet) said with the money available, detainees would not have to remain in prison while waiting for the outcome of their court cases.
Madpet spokesman Charles Hector said Malaysia could emulate Thailand, which provides legal assistance to those in the low-income bracket so they could have proper defence in court and be released on bail while awaiting trial.
“About 40% of detainees, who have not been tried or convicted, are in Malaysia’s overcrowded prisons of about 76,336 inmates. This is a travesty of justice.
“Prison overcrowding would be resolved if the majority of these pre-trial or remand detainees are released on bail pending the end of their trial,” he said in a statement today.
Hector said many detainees could not afford bail as they had no acquaintances or family members who were rich enough or willing to post bail, which could sometimes amount to thousands of ringgit.
“It must be acknowledged that many innocent people, especially the poor, plead guilty so they can serve their sentence and move on with their lives.
“As trials are delayed, many innocent remand detainees end up pleading guilty. They choose to abandon their quest for justice that they had hoped to get from a fair trial,” he said.
He also called for more judges and courts so the number of remand detainees could be reduced to less than 5% of the total prison inmate population.
Hector also pointed out that although the National Legal Aid Foundation scheme provided financial payments for lawyers to provide assistance on criminal matters, foreigners were generally excluded.
“Many detainees are foreigners, and we urge the government to provide legal aid lawyers for all as this will also help expedite and ensure a fair trial,” he said. Subscribe to our newsletter and get news delivered to - FMT, 7/2/2023
About 40% (or
30,000) innocents, not yet tried and convicted, are in Malaysia’s overcrowded
prisons of about 76,336 inmates - A travesty of justice.
Expedite
trials, financial assistance for the poor to be released on bail, review of
laws denying bail, more judges and courts, legal aid, etc. are needed to overcome
the 36% prison overcrowding and to ensure justice
In mid-2021, about 41.7 percent
of persons in Malaysian prisons are yet to be tried, convicted and sentenced, according
to World Prison Brief, who obtains information from Malaysian government sources.
They are called ‘Pre-trial detainees / remand prisoners’, and this means they
are innocent, as stated in Article 11(1) Universal Declaration of Human Rights,
which reads, “Everyone charged with a penal offence has the right to be presumed
innocent until proved guilty according to law in a public trial at which he
has had all the guarantees necessary for his defence.”
The Malaysian Prison Department disclosed
prisons on 3/2/2023, that the inmates in Malaysian prisons are
packed to overflowing. The department said the number of inmates in prisons
nationwide exceeds its current maximum capacity of 4,200 by 36 per cent.
This rate is based on international regulations. “Measures to reduce congestion
will continue with the cooperation of various agencies that will also focus on
reducing the number of remand prisoners,”(Malay Mail, 3/2/2023)
In October 2022, Prison
Department director-general Nordin Muhamad revealed that there were a total of
82,539 prison inmates and of that number, 76,336 were in prison, while
6,203 had been placed in the community rehabilitation programmes. (11/10/2022,
FMT)
Prison overcrowding would
be resolved if the majority of these per-trial/remand detainees are released on
bail pending the end of trial. Most of these are the poor, who simply
cannot afford bail.
Denial of bail for serious crimes
like murder may be justifiable. Statutory denial of bail by laws like for all
SOSMA listed offences must also end, and let judges decided on bail. Lesser
offences not resulting in death or grievous bodily harm should be entitled to
bail.
About 30,000 innocent persons
in Malaysian Prisons
If there are 75,000 in prison, that
will mean that about 40% (or 30,000) are inmates that heave yet to be tried,
convicted and sentenced.
Poverty is one of key reasons,
why the yet to be tried and found guilty are in prison. They simply cannot
afford to post bail, as they have no acquaintance or family member that is rich
enough and willing to place the bail sum that could be thousands of Ringgit in
court. The surety who places the bail money simply would not be able to use
this money until the trial is over, and many a poor simply cannot afford to
post bail, if it means that they will not be able to have access to them even
in times of need.
The rich like the Deputy Prime
Minister Datuk Seri Ahmad Zahid Hamidi’s is out on RM2 million bail whilst his
criminal trial proceeds, but many a poor person simply cannot even raise the
bail amount, let alone fine sureties willing to post bail sums of thousands of Ringgit.
In Thailand, with the passing of
the Justice Fund Act, B.E. 2558
(2015), there is now legal assistance provided by government made available
to low-income people so that they could have proper legal defence in court and could
be released immediately on bail whilst awaiting their trial to end. Between
October 1, 2021 and March 31, 2022, this fund has approved THB190 million to
help low-income people related to lawsuits against them … helped 1,425 people
fight legal cases in court …also provided money to help 473 people offer
financial guarantee for release on bail …’(Nation, 15/4/2022)
MADPET (Malaysians Against Death
Penalty and Torture) calls on Malaysia to consider and set up a similar fund
that will give the poor access to monies that can be used for bail, so that
they no longer need to languish in prison until the court decides after trial
whether they are guilty or not.
Expedite Trials ofthe about 30,000 pre-trial/remand detainees
Remember that these are persons
that did not plead guilty and demanded trial. If they are to be remanded until
end of trial, these trials must be expedited and targeted to end within 3
months or sooner – noting that after trial, they may be found not guilty. As it
is now, Malaysia still does not have a Criminal Compensation Act, that will
compensate the innocent victims for the detention and suffering endured until the court finds them not guilty.
Gross injustice when the
innocent ends up being convicted/sentenced
It must be acknowledged that many
an innocent person, especially the poor, do plead guilty so that they can serve
their sentence and move on with their life. The reason could be
poverty, and the fact that if they do not plead guilty, they will still end up
as pre-trial/remand detainees in prison for an undefined period for no one
knows when their trial would proceed and end. It is sad that many may be in
prison for a term longer that the sentence they will be imposed if they pleaded
guilty fast. There is loss of faith in criminal administration of justice.
As trials are delayed, many a
innocent pre-trial/remand detainees in prison may
still end up pleading guilty, because of delays in trial. They choose to
abandon their quest for justice, that they had hoped to get from a fair trial.
The problem thus may be with the
courts – the inadequacy of judges and courts to ensure speedy trial. MADPET
calls for an increase of judges and courts, so that we can speedily reduce the pre-trial/remand
detainees in prison to at least less than 5 per centum of the total prison
inmate population.
Programs to reduce prison population
in Malaysia to date seems to impact only the convicted serving their sentence,
not the pre-trial/remand detainees in prison.
The initiatives implemented since
2008, such as the parole system, compulsory attendance order, resident
reintegration programme, licenced prisoner release, community rehabilitation
programmes and several other programmes
could reduce overcrowding in prisons across the country are really for the prisoners,
already convicted serving their sentence.
Provide lawyers to all pre-trial/remand
detainees
The Malaysian government did not
provide legal aid for suspects and accused in criminal cases until about 2012,
and thus the Malaysian Bar, with its own funds and lawyers filled this gap.
Only since 2012, through theYayasan
Bantuan Guaman Kebangsaan(National Legal Aid Foundation, “YBGK”) scheme did the government step in to provide financial
payments for lawyers providing legal aid for criminal matters. However, foreigners
are generally still excluded, and they can only still rely on the Malaysian Bar
Legal Aid lawyers or lawyers who come in on their own to act pro bono or with
minimal fees.
Noting that many of the pre-trial/remand
detainees in prison today are foreigners, MADPET calls on the Malaysian government to provide legal aid
lawyers for all, as this is also help expedite and ensure a fair trial.
The major problem with the
overcrowding in prisons is the large percentage of pre-trial/remand
detainees, and on an urgent basis, Malaysia must expedite trials, and take
steps to reduce the number of pre-trial/remand detainees.
Maybe, courts should review the
bail amounts and conditions of all pre-trial/remand detainees, and the government should assist even financially
to ensure that no innocent person languishes in prison before they are tried, convicted
and sentenced. Even Najib, after conviction was allowed out on bail, until the end
of the final Federal Court appeal.
Charles
Hector
For
and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Prisons Dept reveals jail congestion at 36pc, taking measures to reduce overcrowding
The Malaysian Prison Department today disclosed prisons in the country are packed to overflowing. — AFP pic
By John Bunyan
Friday, 03 Feb 2023 2:45 PM MYT
KUALA LUMPUR, Feb 3 — The Malaysian Prison Department today disclosed prisons in the country are packed to overflowing.
The
department said the number of inmates in prisons nationwide exceeds its
current maximum capacity of 4,200 by 36 per cent. This rate is based on
international regulations.
-Advertisement-
“Measures
to reduce congestion will continue with the cooperation of various
agencies that will also focus on reducing the number of remand
prisoners,” it said in a statement.
The department said it has
undertaken reforms which aims among other things to reduce overcrowding
and recidivism in all prisons, including Sungai Buloh Prison in
Selangor. This includes putting in bunk beds in prison cells and
dormitories.
“The
department is also cooperating with the courts to speed up trials and
focus on the rehabilitation programmes in the community which currently
involve a total of 82,487 prisoners with a recidivism rate of only 0.24
per cent
“The
rehabilitation programme in the community also involves a number of
convicted prisoners placed in Sungai Buloh Prison,” it said.
The
department said it is using the former National Service Training
Programme premises as a Resident Reintegration Centre and Satellite
Prisons.
“The department is studying the use of electronic
monitoring devices for low-risk remand prisoners to prevent them from
being held in prison,” the department said.
It added that its measures so far have helped reduce overcrowding in Sungai Buloh Prison. - Malay Mail, 3/2/2023
Two-thirds of prisoners to undergo community rehab by 2030
Prisons
department director-general Nordin Muhamad said there was overcrowding
as the prisons could only house about 66,000 inmates.
KAJANG:
The prisons department hopes to place two-thirds of eligible inmates in
a rehabilitation programme within the community by 2030 to reduce
overcrowding in prisons.
Its director-general Nordin Muhamad
said initiatives implemented since 2008, such as the parole system,
compulsory attendance order, resident reintegration programme, licenced
prisoner release and several other programmes could reduce overcrowding
in prisons across the country.
He said there were a total of
82,539 prison inmates and of that number, 76,336 were in prison, while
6,203 had been placed in the community rehabilitation programmes.
“Currently, the prisons can only house about 66,000 inmates so there is overcrowding of about 10,000 inmates.
“This
initiative is expected to reduce overcrowding, and we estimate that
more offenders will be considered by the courts to undergo community
rehabilitation programmes,” he said in briefing the media about the
Offenders Compulsory Attendance (Amendment) Act 2022 at the department
headquarters here.
Nordin said the implementation of the amended
Act could provide an opportunity for minor offenders to serve their
sentences outside prison.
The compulsory attendance order is an
alternative punishment outside the prison walls for offenders who commit
certain offences. Such offenders will carry out compulsory work in the
interest of the community.
He added that the community
rehabilitation programme had proven to be effective as it had
successfully reduced the rate of repeat offenders. He estimated that
only one in 400 released inmates returned to prison.
“We aim to
reach 10,000 offenders to undergo compulsory attendance order this year
and we have already reached 79.5%, and are confident that the number can
be reached before November this year,” he said.
He said there
were 52 compulsory attendance order centres. He hoped the government
would consider adding 20 more across the country. - FMT, 11/10/2022
Prisons dept mulls off-days from jail to solve overcrowding
The
emergency management days system has been used in many countries, where
prisoners can apply to leave jail, including during personal
emergencies, on certain conditions, especially good behaviour.
Prison officers stand at the entrance of Sungai Buloh Prison.
Prison
authorities are considering allowing emergency management days (EMD)
for low-risk prisoners as one of several measures to address the problem
of overcrowded jails nationwide.
The prisons department said this was one of five measures to reduce
congestion in prisons, including Sungai Buloh Prison where it said there
had been some success.
"Through the measures taken, the problem of overcrowding at Sungai
Buloh Prison has been reduced. There is an excess of 36% compared to the
maximum capacity of 4,200 prisoners, which is an additional 20% of
existing capacity," the department said.
The EMD has been used in many countries, where prisoners can apply to
leave jail, including during personal emergencies, on certain
conditions, especially good behaviour.
The department said apart from the EMD proposal, it is also installing double decker beds in cells and dormitories.
Prison authorities are also focusing on rehabilitation through
community activities involving 82,487 inmates, as well as working with
the courts to speed up trials.
The department said former sites used for the National Service
Training Programme and satellite prisons will also be utilised to house
inmates. - Malaysia Now, 7/2/2023
Justice Fund helps legal defence of over 2,400 low-income people
FRIDAY, April 15, 2022
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THE NATION
The
Justice Fund has spent THB190 million to help 2,457 low-income people
and victims of violent crimes during the past six months, Justice
Minister Somsak Thepsuthin said on Friday.
Between
October 1, 2021 and March 31, 2022, the fund has approved THB190
million to help low-income people related to lawsuits against them and
for compensating crime victims, Somsak said.
The fund helped 1,425 people fight legal cases in court and is assisting 130 others, Somsak said.
The fund has also provided money to help 473 people offer financial
guarantee for release on bail and it is helping 119 others. So far, the
fund has paid compensations to 14 crime victims and it considering 18
other cases.
Somsak added that 80 low-income people had sought legal advice from the fund and 66 of them had been helped.
The fund approved THB18 million for helping legal cases of low-income people from the total budget of THB45 million.
The
fund had budgeted THB130 million to provide money to help crime
suspects secure release on bail, but it has spent THB168 million to help
them.
The fund has paid out THB160,000 to help victims of crime victims
from the THB2 million budget, and has spent THB3.2 million to provide
legal knowledge to people from the budget of THB20 million.
In total, the Justice Fund has spent Bt190 million on different missions from the THB197-million budget, Somsak added.
The minister said he had instructed agencies of the Justice Ministry
to speed up providing legal assistance to low-income people so that they
could have proper legal defence in court and could be released on bail.
After the Songkran holidays, the help would be carried out in a
proactive manner. The goal is to bury forever the old saying ‘Only the
poor go to jail’, Somsak said.
He said low-income people who need legal assistance can call hotline 1111 ext 77. - Nation
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