115TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS

CURRENT ISSUES IN CORRECTIONAL TREATMENT AND EFFECTIVE COUNTERMEASURES

Zulkifli Bin Omar*

I. INTRODUCTION changes in policies of prisoner daily management. It is the general consensus that the fundamental objective of corrections is Some major contemporary issues rehabilitation, whether such institutions resulting from these social, economic and are prisons, juvenile centers and other environmental changes facing correctional types of correctional institutions. Like administrators include the changing trend many other countries, has been in prison population, overcrowding in strongly influenced by the so-called correctional facilities, improvement of treatment and rehabilitation concepts, and prison conditions, increase of drug-related strongly believe in the possibility of being offenders, shortage of effective treatment able to treat and rehabilitate offenders. programmes and the small issues that can The treatment process within the prisons easily be resolved by prison management. is clearly directed towards the preparation for an eventual return to the community II. RELATIONSHIPS BETWEEN as law abiding and socially productive THE CRIMINAL JUSTICE citizens. Their treatment should spell out AGENCIES IN MALAYSIA principles of legality and humanity, and this conforms in almost every aspect to the The administration of criminal justice in United Nations Standard Minimum Rules Malaysia is enforced and administrated by (Treatment of Offenders) 1954 and the three different agencies, that is the Police Prison Rules. (Investigation & Prosecution), the Judiciary (Criminal Justice Process) and A reasonably high economic growth the Prisons (Correctional Center for sustained by our country for the last Offenders). These agencies are separated several years has furnished and coloured in the sense of administration and the prisons population. Drastic social and jurisdiction, but they are related in their economic changes has created a great functions. This relationship can be seen impact on the annual admission of whenever there are reported crimes; it correctional institutions. The steady flow becomes the responsibility of the police. of foreign workers besides providing and When the police make an arrest, a decision fulfilling our manpower needs for the is made on whether or not to seek formal country’s growth and also contributed charges against the arrest suspects. The significantly and has been a continued police may release a suspect without upward pressure in the prison population. charges if they consider their evidence This issue of over crowding has always insufficient or admissible; or if the suspect been the priority agenda in our prison has established an alibi; if the suspect reformation. The sudden influx of HIV/ agreed to be an informant; if the victim or AIDS infected prisoners have pressured the key witnesses show reluctance to follow management to accommodate some through on prosecution; or for other * Senior Superintendent of Prison, Alor Setar Prison, reasons. When the police do seek formal Malaysian Prison Department, Malaysia charges, the prosecutor must decide

333 RESOURCE MATERIAL SERIES No. 57 whether to issue an information or seek a III. THE ROTATION OF THE bill of inducement from a grand jury. When CRIMINAL JUSTICE PROCESS a case is prosecuted, the guilt or innocence of the defendant must be determined. A Public preliminary hearing of some sorts is usually held first, where the probable cause supporting the charges is reviewed and Prison Police defense motions concerning the admissibility of the prosecution evidence are considered. Judiciary A. The Malaysian Judiciary When a person is sentenced, additional The Malaysian Constitution provides for decisions determine whether that sentence the exercise of power by the legislature, the will be served in prison or a rehabilitation executive and the judiciary. The judiciary center. Decisions are also made about what plays an important role in this balance of kinds of treatments the convicted person power. It has the power to hear and should undergo. In the case of a person determine civil and criminal matters, and sentenced to prison important initial to pronounce on the Legislative and decision concerns the kind of institution to Executive Act. To enable it to perform its which he will be sent. The principal judicial functions, impartially, the judiciary distinction is among minimum, medium is relatively independent. and maximum-security prisons. Generally, the higher degree of security, the less The judicial power of the country is comfortable the accommodation and the vested in the Federal Court, the High more limited the freedom enjoyed by Courts and the Subordinate Courts. The inmates. The prison administration within Head of Judiciary is the Lord President of the framework of its penal legislation the Federal Court. He has direct classifies the prisoners and determines the supervision over all courts, which are treatment programm for them. Therefore, headed by an administrative head, that is we can summarize that the enforcement the Chief Registrar. and the administration of the criminal justice system in essence are to arrest, B. The Malaysian Police Force sentence and rehabilitate the same The Malaysian Police Force headed by offender. The objectives of the Criminal the Inspector General of Police is charged Justice System in Malaysia in relation to with the responsibility of not only law-breakers are that it removes dangerous preventing crimes but also performing a persons from the community, it prevents variety of general duties for the protection others from criminal behavior, and it offers of the general welfare of the people. They the society an opportunity to attempt to are also responsible for investigating transform law-breakers into law-abiding crimes, detecting and identifying offenders citizens. As said earlier, these objectives and prosecuting criminals in courts. are achieved by a close working Besides all those, the police also have to relationship between the Police, the perform other duties including patrolling Judiciary, and the Prisons. coastal water and rivers, jungle operation, tracking down undesirable elements, investigating the smuggling of drugs, arms and other protected items through the

334 115TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS borders ensuring the safety of passengers throughout the country and to ensure traveling in the nations railway and airline consistency of administration in all the system. penal establishments in all the states.

C. The Malaysian Prison Service on The Prison Department is responsible the Treatment and Rehabilitation for the administration and management of of Offenders and Juvenile 39 penal establishments in Malaysia Delinquents including the Prisons Rehabilitations’ a. Background Centers, Drug Rehabilitation Centers and In Malaysia before the Second World Advanced Approved Schools for juvenile War, the penal establishments in various delinquents. The Minister of Home Affairs Malay States, Straits Settlement (, is the central and final authority for policy Singapore and ) and and making and administration relating to the were directly under the treatment of offenders in Malaysia. responsibility of the respective states and settlements. Each of which had its own INSTITUTION TOTAL prison regulations. The policy in all prisons Headquarters 3 was basically punitive in nature, i.e., Prisons 25 making the life of the prisoner hard and Rehabilitation Centers 3 unpleasant. It was hoped that such Detention Centers 1 conditions would operate as a deterrent to Advance Approved Schools 5 crime. In 1949, a centralized Prison Colleges 2 administration was set up and a Total 39 Commissioner of Prisons appointed to exercise control over the administration of The Director General of Prison is all prisons. From the year 1950 onwards, responsible to the ministry for the in keeping with modern trends of penal direction, supervision and overall control development the deterrent theory of of all penal establishments in Malaysia. At punishments was replaced by the the Prison Headquarters in Kajang, reformative theory and this had an , the Director General is assisted important impact on the department. In by a Deputy Director General and various 1953, there was a repeal of the seven head divisions at the regional level, each separate and different prison enactment’s penal institution is headed by a Director which were replaced by prison ordinance or Senior Superintendent of Prison and prison rules, which were based on the depending on the size and inmates modern concept of human treatment of population of that particular prison. They prisoners and juvenile delinquents. The are responsible to the Director General of replacement by the new legislation does not Prison with regard to the administration, cover the states of Sabah and Sarawak. security of institution as well as the These two states still practiced their own rehabilitation programmes of the inmates. ordinance and rules until the year 1995, when the Prison Ordinance 1952 was b. Roles and Functions of Malaysian replaced with the new legislation called the Prison Prison Act 1995. This new piece of The purpose and objectives of this paper legislation is a landmark in the are to enlighten the role of Malaysian development of the penal system in the Prison as a main correctional body in the country. For the first time, it became Criminal Justice System. Generally the possible to apply uniform penal methods objective and functions of the Malaysian

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Prison Department are: to the treatment of prisoners with the objective that persons deprived of liberty i) To protect the public by segregating should be treated humanely, and enjoy the offenders from the community as basic rights and as far as possible, ordered by the courts. conditions of living in accordance with the ii) To effectuate judicial decisions by dignity of a free man outside the prison holding prisoners in custody until wall. To prove this, upon admission to their actual times of release. prison, a great deal of trouble is taken over iii)To provide a secure, orderly and each individual prisoner whereby each of humane treatment environment for them is documented and a dossier is opened offenders in department custody, and for him. iv) To rehabilitate offenders so that they may regain their self-respect and self- Information about him, like social identity and thus eventually return background, antecedents, physical to their community as law-abiding appearance, offense, sentence, etc. is and socially productive citizens. recorded in the dossier, admission registry and other books. After being medically In order to ensure these objectives and examined, the Reception Board headed by functions being successfully achieved, the Officer-in-Charge or his Deputy various steps have been taken by the interviews the inmates, ascertains their institution. In other word, this is where interests, classifies them and assigns them the Prison Department plays their role. an appropriate form of treatment which is deemed best suited to them. The main principles in treatment of the prisoners are as follows: c. Vocational Training Rule 74, Prison Rules 1953 stated that, i) Discipline and order shall be “Every prisoner shall be required to engage maintained with fairness but in useful work, all of which so far as firmness, and with no more practicable, shall be spent in associated or restriction than is required for safe their work outside the cells, and no prisoner custody and to ensure a well ordered shall be employed on any work unless he community life. has been certified as fit for that type of work ii) In the control of prisoners, prison by the medical officer.” officers should seek to influence them, through their own example and In the Correctional System of Malaysia, leadership so as to enlist their willing prison industry forms an integrated part co-operation; and of the programm of rehabilitation of iii)At all times the treatment of offenders as well as an important convicted prisoners shall be such as instrument for providing employment for to encourage their self-respect and a inmates. The objectives of this trade are: sense of personal responsibility; so as to rebuild their morale, to inculcate i) To provide the offender vocational in them habits of good citizenship and training with a level of training and hard work, to encourage them to lead skills appropriate to his aptitude and good and useful life on discharge and capacity that would enable him to to fit them to do so. compete for related and satisfying employment after release. In Malaysia, particular attention is paid ii) To give the offender confidence,

336 115TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS

satisfaction and self-respect so that machinery and acquire the technical he may adjust easily to normal know-how. society after release. iii) Reduce technical training instructors iii) To cultivate good working habits and administrative work. among offenders. iv) Non-involvement in marketing. v) Increase the earning of inmates. Carpentry, tailoring, metal work, vi) Provide more vocational training laundry, handicraft, rattan-work, printing, facilities for the increasing prison engine-repairs are some trades taught in population. prison. Besides practicing this trade, in 1981, Malaysian Prison Department moved Industries pursued under the Joint- to a new concept of vocational training Venture Scheme are wood-cane, furniture, called “Joint-Venture Scheme.” Under this and knitting of sweaters for export, scheme, the Prison Department supplies a electronic gadgets, carpet inlays and selected number of inmates and others. Since its introduction, the Joint workmanship premises (within the prison) Venture approached has proved to be a and the private companies involved provide success and inmates have benefited machinery, raw materials, trade tremendously from it. For this reason, the instructors, expertise and are also Prison Department is planning to expand responsible for the marketing and sale of this scheme to all prisons. the products. IV. TRENDS IN PRISON The participating firms are also required POPULATION to pay for the rental of the prison A. Prison Capacity workshops, water and electricity bills, There should be a balance between the insurance coverage for inmates and regular number of prisoners and the facilities to salaries to inmates who participate in the accommodate them. Any imbalance will scheme. create severe impacts on the total rehabilitation programm. Currently we The objectives of this new approach are: have 34 penal institutions with a comfortable capacity of 23,884 prisoners. i) Reduce government expenditure and However the prisoner population as per 2 increase revenue. March 2000 was 25,029 (9.54%) that is ii) Provide inmates the opportunity to above the comfortable capacity. be trained in the use of modern

Total Number of Prisoners as per 2 March 2000

Institutions Total No. of Prisoners Comfortable Capacity Prison 22,176 20,755 Rehabilitation Center 1,884 2,030 Detention Center 29 369 Advance Approved School 940 730 Total 25,029 23,884

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Excess number of prisoners certainly Apart from representing an accused creates some problems for the in court, this would entail a system administrator on the mundane tasks of whereby lawyers are ‘on call’ so that transportation, feeding and bedding. And they may consult with a defendant more importantly it undermines internal as soon as possible after arrest. It is social control, creates high potential for timely to introduce a ‘duty solicitor’ conflict and can negatively influence the whose service is paid by Judiciary relationships between staff and inmates. Department under their legal aid scheme. The central problem in prison b) Shortening the period between management here is its lack of control over admission and judgement or the increasing number of inmates. Its sentence. workload is entirely at the mercy of c) Introducing a holistic approach in magistrates and judges who have no sentencing. The prison system structural involvement in the management should be seen as, and should operate of the prison system and no responsibility as an integral part of an for allocating resources thereto. administration of justice. The courts should be confronted with the reality B. Prisoners Awaiting-Trial that their decisions have resources consequences and impact on the Remand Prisoners as per 2 prison regime. The court should be March 2000 informed that resources do not permit more than a pre-determined number Type Total of of persons in prison - meaning that Remand Prisoners either fewer offenders be incarcerated High Court 392 or some be released. Allocation of Session Court 873 scarce resources (i.e. places in prison) Lower Court 5,161 would be only for the most deserving Foreigners 924 cases. Others 4 C. Foreign Prisoners Total 7,353 Foreign Prisoners as per 2 Another factor adding to the prison March 2000 capacity is the high incidence of prisoners Institution Total of awaiting-trial or remand prisoners in Remand Prisoners prison. As the above chart clearly shows, over 29.38% of all prisoners held on March Prison 5,036 2, 2000 were awaiting trial. This is largely Rehabilitation Center 15 due to a considerable proportion of mainly Detention Center 2 ‘lower socio-economy’ class of accused being Advanced Approved Schools 15 unpresented in court or unable to meet bail Total 5,068 or bail requirements. We strongly feel that the high percentage can be reduced in the following ways. Besides the increasing number of prisoners awaiting trial, the influx of a) The introduction of an easier and foreign prisoners has also changed the more accessible legal aid system. prison population trend. Currently almost

338 115TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS

20.29% (5,068 as per March 2, 2000) of the political conditions. The abrupt prisoners in all our penal institutions are migration process and the flow of foreigners. Although they do not create a foreign nationals to meet the demand physical threat towards discipline or of manpower. security, however their sudden and ever ii) Excessively dependent on increasing number will generate negative imprisonment. The criminal justice responses in terms of prison regime. It has system imposes a great deal of caused ineffective communication between importance to imprisonment as a staff and prisoners (language barrier) and major means of deterring crime and also a rise in various contagious diseases defending society. It is also seen as a (i.e. conjunctivitis, scabies, and diarrhea). primary method of punishment. Therefore more offenders are Furthermore, exceeding capacity will imprisoned than is necessary due to ultimately cause a serious degraded ability the lack of alternatives. to manage education and recreation spaces iii) An increase of drug-related offenses which are turned into sleeping quarters, and long-termers. The number of leading to a lack of services and activities drugs-related offenses has doubled in which quickly translates into boredom, the last ten years. This category of restlessness and tension among prisoners prisoner serves a longer term of and between the prisoners and staff. sentence. Furthermore, serious drug- Prisoners gain more control as morale related cases (39B - Dangerous Drug among the staff is depreciated and there Act 1985) spend an average of 2-3 begins ‘a vicious circle of diminished years in Remand Centers before control’. This causes a substantial number actually being sentenced or acquitted. of prisoners to leave the prison more iv) Prison facilities unable to keep pace embittered and hostile to society than when with the prison population influx. they arrived. They leave prison therefore in a state of mind where they are more b. Implication of Overcrowding in likely to reoffend. Prison i) Intolerable strain on staff, budgets The number of inmates held in a prison and the running of programmes. The should be determined NOT by the number alarming ratio between staff and of beds that can be crammed in but by the prisoners results in a high degree of facilities available to contain people stress among officers. They are decently and provide them with out of cell unable to carry out their duties activity. effectively and efficiently which indirectly effects their morale. The D. Overcrowding lack of space facilities, resources and Prison overcrowding is a pressing technical equipment have hindered problem of the Criminal Justice the prison department to provide Administration. The Prison Department prisoners with a full range of of Malaysia is perplexed to a certain degree training, work and educational by the explosion of the population. opportunities when they have too many prisoners to cater for properly. a. Causes of Overcrowding ii) Prison overcrowding impedes our i) The increasing number of social department to effectively implement problems faced by the country due to international standards in particular. changes in social economical and The United Nations Standard

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Minimum Rules (Treatment of prisoners. Besides living quarters, Offenders). The poor living expansion of other facilities was also conditions thereby causes tension done simultaneously. and stress for both inmates and officers. iii) Building New Blocks in the Existing iii)Due to this acute problem we are Prison unable to categorize prisoners New additional accommodation has specifically to undergo a designed been built in several prisons such as programm. Prisoners from various in Penor Prison, Pengkalan Chepa categories mix and this creates Prison and Kemunting Camp. various stressful situations. Building a new block with facilities will help to overcome overcrowded c. Present Strategy to Overcome prisons. Overcrowding The trickling down effects of this iv) Co-operation with Other Agencies overcrowding problem is perceived by our Our department holds an average of department very seriously. Short-term 4,500 to 6,000 of foreign prisoners solutions are as below: (18-25% of total population) at any one time. Besides space and i) Mobilizing Prisoners language obstacles, a huge mount of Prisoners from an over populated financial resources is spent annually institution are moved to another for their upkeep, about RM30.00 a which are able to accommodate them. day. Periodic meetings are held with Multiple variables are considered the immigration and members of prior to allocation of these prisoners. consulate offices to expedite The process of mobilizing prisoners repatriation and deportation. causes severe strains on escorting / security personnel and financial d. Long-Term Strategy to Overcome control. Prisoners being placed Overcrowding hundreds of miles away from their i) Building New Prison homes, with adverse effects upon The most direct solution to prison their ability to maintain contact with overcrowding is constructing more their families and plan for their prison facilities. For example: The future. Critics claim that this Pudu Prison which was built in the strategy hinders society for playing so-called suburbs in 1895 to cater for a vital role in molding the deviant 600 prisoners, currently situated behavior of the prisoners and near the K.L’s golden triangle. preparing them to become an integral Therefore it has been relocated at part of society. This strategy enables Sungai Buluh with the capacity of every inmate to have a comfortable 2,500 prisoners. In the seventh living space and to ensure the Malaysia Plan our department has rehabilitation programm is run proposed several new prisons to be effectively. built and operationalized. After several rounds of negotiations an ii) Cell Expansion Programmes agreement was reached between the Several out-dated buildings were central government and the identified and reconstructed to department that some colonial and accommodate the increase of pre-war prisons shall be replaced

340 115TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS

with high-tech and modern facilities the Ministry of Home Affairs has to meet the projected demand into the made recommendations to the next century. Judiciary for new avenues in sentencing i.e. introduction of a Extremely high costs in building parole system and community service these institutions has forced all orders. It is timely that the concerned parties to seek Compulsory Attendance Act 1954 be alternatives. In principle the revised and utilized extensively. Economies Planning Unit has agreed and awarded several projects to V. THE PROVISION OF FOOD AND private companies. The involvement HEALTH SERVICES IN PRISONS of the private sector has sparked new A number of issues relating to prison ideas in design and construction with health services have been discussed in the cost-efficiency in mind. previous conference and it is not proposed the same discussion be repeated here. Hence, the emphasis on this occasion will A proposal of a new prison has been be particularly on the following: - made to build an additional prison in several places such as in Pokok Sena, 1. Food Services Central Prison of Kuching, Temerloh, 2. Health Services , Raub, Gombak, Kuala Kangsar, Seberang Prai, Jeli and a. Provision of Food in Prisons Bintulu. i) There is great dissatisfaction with the times for serving prison meals, ii) Alternatives to Imprisonment particularly when the evening meal Courts usually impose custodial is served very early to precede the sentences (i.e. imprisonment) when nightly lock-up. The Director- it is thought to meet one or more of General of Prisons, Malaysia has the perceived aims of sentencing viz., recently issued a Standing Order to retribution, deterrence, protection of all prison institutions to serve the public and rehabilitation. One evening meals to all categories of major factor which influences a court prisoners after 6 p.m. to impose a prison sentence is the lack of suitable alternatives such as non- ii) To ensure that all prisoners receive custodial sentences including fines, reasonable levels of nourishment whipping, binding certain offenders while they are in custody. over, discharges (absolute and conditional), probation, police Prisons Rule 61 states, “The food of a supervision and some fairly little prisoner shall be in accordance with utilized provisions for compensation. the diet scales set out in the First Schedule hereto, or such other diet Research has shown that first-time scales as may from time to time be offenders that are imprisoned for approved by the Minister of Home offenses are more likely to later Affairs on the recommendation of the embrace criminality than offenders Minister of Health.” given alternative sanctions. Therefore the Prison Department Prisons Rule 62 states, “Debtors, with the assistance and blessing of

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prisoners awaiting trial, prisoners on seem desirable to record; (2) “No remand, and all others committed for prisoner shall be put to labour until safe custody who do not elect to the medical officer has certified that provide their own food shall be he is fit for such labour, and the supplied with the same diet scales as medical officer shall certify whether prisoners undergoing sentence.” a prisoner may be employed to do hard labour or light labour”; (3) Prisons Rule 64 states, “No prisoner “Every prisoner shall be examined by shall receive or have in his possession the medical officer before being any food other than that authorised discharged or removed to another by the diet scales, except; (a) with the prison and no prisoner shall be authority of the Officer-in-Charge in removed to another prison unless the special circumstances, or (b) with the medical officer certifies that the authority of the medical officer if a prisoner is fit for removal.”; (4) “A variation of diet is desirable on prisoner due for discharge who is medical grounds for an individual suffering from any acute or prisoner.” dangerous illness shall be transferred to a government hospital.” Prisons Rule 66 states, “Care shall be taken that all provisions supplied to Prisons Rule 19 states, “A prisoner prisoners be of proper quality and may be vaccinated or re-vaccinated weight, and in all cases food shall be at the direction of the medical officer.” given to prisoners before the day’s work begins. Scales and standard Prisons Rule 20 states, “If a prisoner weights and measures shall be shall be found to be suffering from provided for weighing the food any infectious or contagious disease, supplied to them.” or to be in a verminous condition, steps shall at once be taken to treat iii)To ensure that the health standards the condition and to prevent it from of prisoners are maintained. spreading to other prisoners.”

Prisons Rule 7 states, “In every Prisons Rule 58 states, “Every prison, an infirmary or proper place prisoner shall be supplied with for the reception of sick prisoners bedding adequate for warmth and shall be provided.” health in accordance with a scale approved by the Director-General. Prisons Rule 18 states, (1) “Every Additional bedding may be supplied prisoner shall as soon as possible in special circumstances on the after this admission be separately recommendation of the medical examined by the medical officer, who officer.” shall enter on the prisoner’s record particulars of the state of health of Prisons Rule 59 states, “The clothes the prisoner; whether or not he has of a prisoner shall be changed and been vaccinated, or had smallpox; washed weekly, and bedclothes shall whether he has been on opium.” be aired and washed as often as the officer-in-charge may direct. The Consumer, and to what degree; and prison clothing discarded by a any other information which it may prisoner on discharge shall be

342 115TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS

thoroughly washed, dried and nations have prohibited the use of dietary disinfected before being returned to restrictions as a form of punishment and store or re-issued.” control. However, the Prisons Department of Malaysia still mobilises “Half Rations” / Prisons Rule 69 states, “Bread and Water” as management “Arrangements shall be made so far strategy for recalcitrant or troublesome as practicable for every prisoner, prisoners and prisoners who committed unless excused by the medical officer serious offenses, such as assaulting staff on medical grounds, to take exercise or repeated attempts to escape. and physical recreation daily.” “Punishment by close confinement or reduction diet shall never be inflicted Prisons Rule 75 states, “A prisoner unless the medical officer has examined the certified not to be fit for hard labour prisoner and certified in writing that he is by the medical officer may be fit to sustain it.” Rule 32 (1) U.N.S.M.R. employed in one or more of the following forms of light labour: - Prisons Rule 122 states, “An Officer-in- sewing, gardening, laundry work, Charge, if a Chief Officer or Principal cleaning and white-washing the Officer Grade 1, may punish any prisoner, prison, conservancy, and any such found after due enquiry to be guilty of a similar services as the officer-in- minor offence, by ordering him to undergo charge may from time to time direct.” ‘confinement in a punishment cell for a period not exceeding three days on the Prisons Rule 184 states, “A prisoner punishment diet prescribed in the First on remand or awaiting trial shall, if Schedule hereto’.” necessary for the purposes of his defence, be allowed to see a registered Prisons Rule 124 states, “An officer-in- medical practitioner appointed by charge, if of or above the rank of himself or by his relatives or friends superintendent, may punish a prisoner or legal adviser on any week day at a found, after due enquiry, to be guilty of a reasonable hour, in the sight, but not minor offence, by ordering him to undergo in the hearing, of the officer-in-charge ‘confinement in a punishment cell for a or an officer detailed by him.” team not exceeding seven days on the punishment diet prescribed in the First Prisons Rule 185 states, “When an Schedule hereto’.” unconvicted prisoner wears his own clothing in prison the medical officer, Prisons Rule 125 states, “An officer-in- may, for the purpose of preventing the charge, if of or above the rank of introduction or spread of infectious superintendent may punish a prisoner disease, order that the clothing be found, after due enquiry, to be guilty of an disinfected, and during the process of aggravated prison offence by ordering him disinfection the prisoner shall be to undergo (a) corporal punishment not allowed to wear prison clothing.” exceeding twelve strokes with a rattan, (b) confinement in a punishment cell for a term b. Dietary Restrictions not exceeding seven days on the The United Nations’ Standard Minimum punishment diet prescribed in the First Rules for the Treatment of Prisoners does Schedule hereto.” not prohibit the use of dietary punishments but requires medical supervision. Many

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Prisons Rule 126 (3) states, “The Visiting Officer, and shall have only such out-door Justice shall, upon receipt of the report exercise as the latter certifies is absolutely where a prisoner is accused of an necessary for health. Every prisoner aggravated prison offence, attend at the confined in a punishment cell or subjected prison without undue delay and investigate to restricted diet shall be visited at least the charge, and may punish a prisoner once a day by the Officer-in-Charge and the whom after due enquiry upon oath he or Medical Officer, and if he is confined in a they may find guilty of such offence with punishment cell he shall be visited by the (a) confinement in a punishment cell for a appointed prison officer at intervals of not term not exceeding thirty days upon the more than three hours during the day and punishment diet prescribed in the First night.” Schedule hereto; (b) corporal punishment not exceeding 24 strokes with a rattan.” c. Provision of Food and Water i) “Every prisoner shall be provided by Prisons Rule 127 states, “Every prisoner the administration at the usual sentenced to dietary or corporal hours with food of nutritional value punishment shall be sent to the medical adequate for health and strength, of officer for examination, and a certificate wholesome quality and well that its infliction is not likely to produce prepared and served,” Rule 20 (1) any serious or permanent injury shall be U.N.S.M.R. obtained by the officer-in-charge before it ii) “Drinking water shall be available is carried out.” to every prisoner whenever he needs it,” Rule 20 (2) U.N.S.M.R. Prisons Rule 128 states, “A prisoner iii) Food services to meet the needs of undergoing punishment shall be supplied minority groups. with such clothing and bedding as may be (a) Members of particular religious certified as essential by the medical officer.” groups in prison may have very specific dietary requirements and Prisons Rule 129 states, “Whenever a prohibitions which they regard as prisoner is sentenced to undergo close essential to their well being. confinement in a punishment cell for a (b) Other minorities with particular period exceeding three days on a dietary needs: punishment diet, he shall be given full diet - foreigners on every fourth day.” - women who are pregnant - prisoners who are unwell Prisons Rule 130 states, “Confinement (c) Special needs or privileges for in the punishment cells shall not exceed unconvicted or remand prisoners, an aggregate of ninety days in a year for even though in some nations they any one prisoner, and the execution of any comprise the majority of all two consecutive sentences shall be prisoners. Historically, in some separated by a period not shorter than the systems, remands have been longer of such sentence.” allowed to have their meals sent in rather than being required to Prisons Rule 131 states, “A prisoner eat the prison food. sentenced to confinement in the (d) Provision of professional advice punishment cells shall see no one other and supervision by dietitians to than prison officers in the execution of their ensure that the nutritional value duty, a Minister of Religion and the Medical and scheduled variety of prison

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food is maintained. Guidelines given by the Ministry of (e) Privatization of all food services Health regarding precautions and to a prison or even prison system. managing the spread of HIV will be The cost-effectiveness of this followed strictly. Prison staff that will be venture of entering into contracts involved in controlling HIV prisoners have with private business to attend seminars, courses, lectures which organizations for the supply of all gives them knowledge about HIV and food services. AIDS.

VI. PROVISION OF HEALTH The Malaysian Prison Department has SERVICES to maintain the health of all prisoners and also to prevent HIV from spreading within The objectives of health services are to the prison wall, so in order to make sure provide proper medical services to this is done, screening by the team from prisoners to provide first aid services to the hospitals and prison counselor have to be needy and to handle emergency cases that done with new prisoners. From these need immediate medical attention. results, all the HIV positive inmates will be placed in one building. Even though Doctors, medical assistants and nurses they stay in HIV blocks they are still are the employees directly employed or involved in every activity that other transferred from other government prisoners have, such as playing games, departments of the Malaysian prison working in workshops together and being system. At present, the prison medical unit involved in other rehabilitation consists of (1) medical officer, (19) medical programmes. To make sure that these HIV assistants and (1) staff nurse. They are all prisoners get proper treatment, they will full time employees of the Prisoner be placed in certain prisons that have Department operating 27 prison clinics enough medical facilities and every year throughout the country. There are (17) more allocations will be given to that prison institutions with sick-bags that can each to buy more medicine and give better accommodate (15) beds at any one time. treatment. Prison clinics and sick-bags cater only for minor cases. All the serious and major The Prison Department also has cases are referred immediately to the counselors dealing with HIV/AIDS, as we District Hospital outside. know that since 1991 it has spread widely around the world including Malaysia. At The challenge received by the health present, we have quite a number of service in prison began when four prisoners prisoners involved in drugs. Among them, were identified as HIV carriers in 1989 those who have been affected by HIV/AIDS through blood screening done by the could have practiced risky behavior and Ministry of Health group. The number of lifestyles such as individuals with multiple HIV positive inmates kept on increasing sexual partners, drug abusers who share every year. Steps should be taken to needles, prostitution etc. overcome this problem if not this situation will effect the credibility of the prison A. Objectives of HIV/AIDS health service. To prevent HIV cases from Counseling spreading in prisons the management take HIV/AIDS counseling is done to achieve further steps and a have close rapport with various objectives. Among them are: - the Ministry of Health.

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a. Prevention of infection through think how to treat them within the prison promotion of healthy life styles, walls. It is not that easy to make them behavior, moral and spiritual values. change their lifestyle to be a normal person. b. Prevention of transmission through modification of risky lifestyles and In the year 1981, the Malaysian Prison behaviors. Department first introduced a c. Provision of psychosocial support to rehabilitation programm where it started those infected and / or affected by with an integrated approach, which also HIV/AIDS to achieve optimum levels involves other rehabilitation agencies in of functioning and a satisfactory and outside of prison. Counselors were quality of life. trained in skills and techniques of d. To complement health education and counseling. Now we have 150 posts for the correct misconceptios or myths about counseling officer and we have filled 125 HIV/AIDS. of them and when we compare the ratio with the prisoners the difference is still For the prisoner that cannot accept that very high. The ratio that has been he is HIV positive the prison counselor will suggested by the Public Service play their role until this prisoner can accept Department is 1:30 but the ratio in the the reality. To maintain the health of the Malaysia Prison Department is 1:90. HIV prisoners the prison officer will make sure the medicine given to them will follow The duty of the counseling officer is not the schedule and the follow up at hospital meant to be for drug-related prisoners only will be arranged depending on the due date but they have to cover other types of in the treatment card. prisoners also. In short term strategy, our department tries to fill in the post that we When HIV prisoners are released, letters have and in long term strategy, the post to the nearest hospital will be sent and a will be restructured and should have at copy to the prisoners to ensure that further least 400 posts comprised of the ranks of treatment will be had by him. Prison superintendent, deputy superintendent counselors also take this opportunity to and assistant superintendent. give advice to them to follow the hospital precautions to prevent the spread of HIV The integrated approach programm will outside. include

The question on the provision of health 1. Vocational Training services by a private organization needs 2. Religious Education / Morale serious consideration at this moment due 3. Academic to the difficulties in employing medical 4. Marching professionals and the high cost 5. Spots / Recreation maintenance. 6. Activities in Libraries, Music, TV and etc. VII. INCREASE OF DRUG RELATED OFFENDERS On February 1992, the prison based Therapeutic Community (TC) programm The increase of drug-related offenders was introduced where basic training in was also an important issue that shall be therapeutic community was given to the considered by the prison management. The counselors as well as the inmates. increase of these prisoners will make us

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A. Prison-Based TC Programmes i) More than 90% on physical On 2 September 1992, one pilot project rehabilitation of the TC rehabilitation programm was ii) Love and caring attitudes implemented in the Drug Rehabilitation iii) Family oriented Center, Kajang Prison. From that programm we achieve success and this TC B. Religious Activities programm has been introduced and Religion is a main subject in a human expanded to other prisons such as: life no matter what race he/she comes from because every religion carries good 1. 1 December 1994 - H e n r y G u r n e y teaching and good faith. It provides a guide School, , to be an honest citizen, decent and honest Melaka living. Malaysia is a multi-racial society 2. 27 July 1996 - Drug Rehabilitation and prisoners of different races and religion Institution, Jelebu, are committed to custody. Freedom of Negeri, Sembilan religious worship is allowed for all 3. 1 August 1999 - Womens Prison, prisoners. Religious instructors and Kajang teachers from various faiths provide 4. 1 October 1999 - Marang Prison, religious guidance in all penal institutions. By doing so, it is hoped that each prisoner 5. 7 July 1999 - H e n r y G u r n e y realizes his mistakes and sins of the past School Kota and try to change into a good well-matured Kinabalu human being. Religion alone can be a 6. 1 October 1999 - Seremban Prison, strong medicine for rehabilitating a prisoner, which carries a very strong 7. 1 November 1999 - S i b u P r i s o n , impact upon their release. Sarawak Besides visits from family members, The expansion of this TC programm is visits by religious groups and volunteer still going on and will be implemented to agencies will help prisoners connect with other prisons. some religious beliefs and have a better understanding of the outside world and a. Objective of the TC Programmes perhaps their future. These visits will, in i) To provide long term residential one way or another, encourage prisoners treatment programmes for drug-free to have a better out-look on life. This and productive lifestyles and become religious influence may entice this category good Malaysian citizens. of prisoners to spend some of their time ii) To utilize concepts / peer support and praying or reading religious scripts. review progress in conjunction with professionally structured therapy The rehabilitation programm that has programmes. been introduced and exposed to the iii) To say no to drugs and abstain from offenders in prison as an institutional drug abuse. treatment is hoping to be a starting point for them to change their future b. Strength of the TC Programmes undertakings. Without public participation The Therapeutic Community (TC) the process of changes wills stop half way. Program has its owned modality aim unlike What we hope is that, the prisoners or other drug rehabilitation programmess. offenders that are ready to change or repent This concentrates on: will play their role after release. After

347 RESOURCE MATERIAL SERIES No. 57 release, these offenders will go back to VIII. INTERNATIONAL TRANSFER society and become part of society. With OF PRISONERS the changes made by these ex-offenders International cooperation is generally this will at least prevent them from being defined as mutual assistance between involved in drugs outside and follow countries; where all parties gain mutual religious activities. benefits. Beneficial in terms of the exchange of information, ideas, materials C. Reformation Programmes - and resources. It is undeniable that with Message from Prison the vast technological innovations in the One of the new rehabilitation programs world today people are more mobile and that is useful for prisoners involved in drug travel time is short. However such speed or drug-related offences is the reformation and freedom cannot be applied to prisoners programmes - message from prison. This serving in nations other then their program is a teamwork program between homeland as treaties for the transfer of the Prison Department of Malaysia and the prisoners from one country to another have Education Department of Malaysia. This yet to be established in most nations. program was launched on 1 April 1999 as an alternative to fight against social illness International transfer treaties are or problems among teenagers, mainly beneficial if established as the positively students. With this cooperation, the Prison contribute to the rehabilitation process of Department has taken steps in choosing the prisoner in terms of being in a suitable inmates, trained them, made them environment where family relations and involved, exposed them to the community friends may provide moral support. and let them share their experience and background up until their involvement in Familiar atmospheres additionally criminal offences and the results of being assist in elevating mental stress sentenced to prison. Their backgrounds, experienced by prisoners serving terms in the hardship faced by inmates and a country foreign to them. repenting following the prison rehabilitation program will be shared As of 2 March 2000 there were a total of among their inmates, students and also 5,068 foreign prisoners in Malaysian parents. prisons. The number accounts for 20.29% of the total number of prisoners. Therefore From this program the inmate will feel if transfers of prisoners are made possible, that they are also important and can give the congestion of Malaysian prisons may their support to the government and realize be alleviated by 22.95%. This will not only that the community can also appreciate lesson the congestion but also avoid them. The program will also encourage problems such as hunger strikes which are them to change their life and have a sense often sparked by the wish to return to their of personal responsibility. Also this homeland, linguistic differences, remand program will rebuild their morale and costs, etc. formulate habits of good citizenship and hard work, to lead a good and useful life. However, although the international transfer programs carry benefits complications arise due to the differences in form and length of sentences, prison administration and legal system

348 115TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS incompatibilities. to that of the male inmates.

The difference in sentences above In Malaysia, female inmates are mentioned is primarily for countries which segregated from the male inmates. In carry out corporal punishment, hanging respect of accommodation, the Prison Rules and death by firing squads whereas judicial 1953 provides for the following: differences in terms of the penalty for drug trafficking can sometimes be a mandatory “Male and female prisoners shall be death sentence but in other countries kept absolutely separate from each traffickers receive a lesser sentence. other and shall be confined in different buildings. The wards, cell Administrative differences may involve and yards where women prisoners instances where a prisoner loses the benefit are confined shall if possible, be of pardons in countries which practice secured by locks different from those parole or pardons due to national securing the wards, cell and yards celebration days. allotted to male prisoners. Women prisoners shall in all cases be In Malaysia, the international transfer attended by women prison officers. A of prisoners is not a norm as there are as male prison officer shall not enter a yet no treaties with other countries and prison or part of a prison appropriate furthermore, in Malaysia decisions for such to women prisoners except on duty policies are addressed to and tabled by the or unless accompanied by a women Ministry of Home Affairs. All applications officer.” or requests for the transfer of prisoners must be directly forwarded to the Ministry Although the number of female inmates of Home Affairs. The Prison Department is small, the rehabilitation programs that supplies all relevant information are being run by the female prisons are pertaining to the cases requested and act similar to those at the male prisons. The upon receiving instructions from the programs are geared towards the ministry. preparation of inmates for their eventual return to the community as law-abiding IX. SPECIAL ISSUES RELATING TO citizens and socially productive persons. THE MANAGEMENT OF FEMALE OFFENDERS The rehabilitation program encompasses the following: As of 2 March 2000 there were 1,365 female prisoners held in prisons a) Vocational training throughout Malaysia. Of this number, 881 b) Spiritual welfare were at Kajang Female Prison (largest c) Recreation female prison) while the rest were in the d) Counseling female sections of several regional prisons throughout the country. a) Vocational Training Convicted female inmates are provided Female inmates in prisons come from with opportunities to equip themselves different races and backgrounds and the with a form of skill or trade. The following crimes they are convicted of are also of trades are normally available: various types. For every crime committed, the imprisonment sentence is no different i) Tailoring

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ii) Handicraft pregnancy, they will be frequently checked iii)Hairdressing by the doctor in the prison. However, iv) Laundry during the latter stage they will be sent to v) Domestic Science the hospital for weekly check ups. They vi) Vegetable Gardening are always encouraged to give birth at the hospital in order to ensure the good health b) Spiritual Welfare of both the mother and the child. Under It is recognised that religion can function the Prison Rules 1953, female inmates are as an important agent in rehabilitation. permitted to keep their children who are With this in view, religious teachers of under 3 years of age with them while they various faiths visit the prison to impart are in prison. religious instruction to the inmates. The Prison Department of Malaysia c) Recreation maintains good relations with the public. Recreational and extra mural activities Non-Government Organizations (NGO) not only contribute towards physical and have contributed much to the inmate mental well being but also provide rehabilitation program. It is very constructive means of spending leisure important that prisoners have some contact time and assist to relieve tensions, with outside agencies before release, so anxieties and monotony. In female prisons, that problems such as accommodation, several recreational facilities are made counseling and job placement can be available and singing and cultural worked out in advance. activities are also encouraged. With respect to aftercare assistance and d) Counseling job placement, organizations such as In all female prisons, counseling is Selangor Discharged Prisoners Aid Society always made available to them. They are (DPAS), Malaysian Care. PENGASIH, more susceptible to feelings of pressures, PINK Triangle and Narcotics Anonymous anxieties and worries - very often worries have rendered meaningful assistance. All about their parents, husbands and children the organizations can offer support and who are in the outside world. For this advice to the prisoners. In this way the reason, counseling occupies an important problems of losing contact with the place in the prison rehabilitation program. prisoners can be minimized.

Woman can become infected by HIV in X. CONCLUSION exactly the same way as men. It is often In respect of implementing prison useful for an HIV positive individual to sentences and the treatment of offenders, receive specialised counseling and support the Prison Department of Malaysia during their sentence. In this way the subscribes to the concept of human prisoner has the chance to learn about her treatment that stresses a fair and firm situation, ask questions and express approach when dealing with prisoners. It emotion and learn to cope more effectively also conforms in almost nearly every aspect and responsibly with their condition. with those of the United Nations Standard Minimum Rules for the Treatment of Female inmates that conceived during Prisoners. their imprisonment period will be given a special diet based on the recommendation of the doctor. During their early stage of

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There are so many issues which arise in the Malaysia Prison Department but only the big and vital issues as above have been highlighted and the countermeasures taken by the management of the prisons.

In this era of rapid change and development, the Malaysia Prisons Department realises the fact that it cannot remain complacent with its present achievements but continuously seeks to be on the move seeking new innovations such as the progress of computerisation that will bring a greater efficiency in penal administrations as well as keep it abreast of modern trends in penology.

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