Ensure the Right and Ability to Vote to about 100,000 Malaysians in Remand Detentions or Detention in Prison, Police Lock-Ups and Other Places of Detention (MADPET)

 

Media Statement – 16/10/2025

Ensure the Right and Ability to Vote to about 100,000 Malaysians in Remand Detentions or Detention in Prison, Police Lock-Ups and Other Places of Detention.

Postal Ballot and Early Voting Mechanisms are options Election Commission can use to ensure the democratic right to vote is not denied

As the Sabah State Elections draw near, MADPET (Malaysians Against Death Penalty and Torture) calls for the right of prisoners, especially the about 30,000 remand prisoners who have not yet been tried and convicted, be accorded the RIGHT and the ability to VOTE immediately.

These remand persons are PRESUMED INNOCENT until they are tried and convicted, and thus should not be denied the right of a Malaysian citizen to vote in elections.

Remand prisoners are those who could not afford Bail by reason of poverty, denied Bail by draconian laws like SOSMA[Security Offences (Special Measures) Act 2012] and other laws like the DDA[Dangerous Drugs Act 1952], or by other reasons like denial of bail because the Court believed there was the risk of absconding or tampering with evidence.

Besides remand prisoners/detainees, should not the right and ability to vote also be guaranteed for all convicted prisoners serving their prison sentences.

POSTAL VOTING and/or EARLY VOTING a reasonable option

Reasonably, the Election Commission should facilitate so that they could vote by POSTAL VOTE, which is now available for Malaysians who are overseas or could not physically turn up at voting centers physically to cast their votes physically. This is also considering that many Malaysians do still vote not in the place they are currently residing or working.

The other option is EARLY VOTING, which is provided for police, members of the armed forces and those assisting in the election process on voting days.

This right to VOTE should also be accorded to those held in remand in police lock-ups and other detention places of Malaysian law enforcement.

The RIGHT to Stand For Elections

It should also be considered whether remand prisoners, and maybe even convicted prisoners, should also be accorded the right to stand for elections to become Members of Parliament or a State Assemblyperson.

The State could abuse its power by detaining potential contenders in elections, and that right to stand for elections even when detained in police lock-ups or as remand prisoners on the nomination date will make Malaysia more democratic.

After all, it is the people who vote, and if they so choose to vote for a person in detention, including even a convicted person, the people’s right and choice ought to be respected. Even former Prime Minister Najib Razak, now serving his prison sentence, should really be accorded the right to stand for elections if he so desires. Ultimately, the people decide.

In these modern times, it is still possible for an incarcerated MP or ADUN to participate in Parliamentary and State Legislative Proceedings – so, why deny them the right to stand for elections? After all, it is the people that decide who they want to be their peoples’ representative in a democracy.

Proactive action by Election Commission Needed to Ensure Exercise of the Right to Vote

If in prison or other places of Detention, it is difficult for them to get access to the needed forms that need to be filled, posted, etc – thus it is all up to the Election Commission to ensure that they get their right to vote.

More than 100,000 denied right to Vote?

At present, it seems that the right to vote is being denied to maybe about 30,000 remand prisoners in Malaysian prisons, and more than 85,000 in total in Malaysian prisons (NST, 7/11/2024).

There is an even higher number, if we take into account remand detainees in police lock-ups and other remand detention facilities of other law enforcement facilities who are denied the right and ability to vote on voting day by reason of being detained for the purpose of investigation in State detention facilities, and this number could be in excess of 10,000 at least. A few votes can change the outcome of some elections.

Right to Vote to Those in Detention Will Improve Detention Conditions?

One thing good that will happen is that more politicians and potential candidates would reasonably pay more attention prisons, lock-ups and the prison overcrowding issues, as they need to woo support from those in detention and their families.

According to data shared by the department, prison facilities are currently housing 87,419 inmates, exceeding their total capacity of 74,146 by 11.24 per cent. With the current incarceration rate, the department reported a ratio of 245 inmates per 100,000 residents, compared to the global average of 145 per 100,000 residents…Out of 43 prisons in the country, 19 are operating at more than 20 per cent above capacity, particularly those located in major urban areas.

Hence, MADPET calls for an end of the denial of the Right and Ability to Vote for Malaysians in State Detention Facilities. They may not be able to physically be able to go to the various voting centers to cast their votes, but they will be able to vote by Postal Ballot and/or through Early Voting, and the Malaysian Election Commission and the Malaysian Government shall do all that is necessary to end the deprivation of the exercise of the  right to vote by these possibly above 100,000 Malaysians.

No Malaysian should be denied the right to vote in Malaysian State or General Elections, and for those facing difficulty in exercising this right, the responsibility falls on the Election Commission and the Malaysian government to ensure that the ability to exercise this right to vote in ensured.

Charles Hector

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