TORTURE by prison staff is rampant with many inmates unwilling to bring it up to the authorities out of fear of personal and family safety, said former inmates and watchdogs.

Several former prisoners told The Malaysian Insight they were subjected to horrendous treatment while being incarcerated, including sexual attacks.

A former inmate who spent a 1½ years in a Penang jail said he was tortured by prison staff, adding he was not the only victim as many others too received similar treatment.

“You do not want to be inside. It is hell. I do not want to recall my time when I was inside. I received daily beatings from the guards.

“It’s not like you are punished for some mistake. They will beat you for no reason. They will not touch your face and use their hands, they will use batons and their favourite spots are at the stomach, feet and back.

“Until today, I have this fear of hearing someone shouting as the sound or the echo reminds me of my time in prison,” said the former prisoner on the condition of anonymity.

“Anyone who has been in a prison can tell you the stories but with different beating methods,” said the 28-year-old who was jailed for drug-related offences.

The Malaysian Insight had contacted director-general of prisons Zulkifli Omar but is still waiting for a response.

Recently an inmate in Penang who was brought to court for his hearing pleaded with the judge not to be sent back to the prison, claiming that he was abused frequently.

Lim Kung Wah, 49, made a teary plea in the magistrate’s court in George Town, but he did not say who beat him, adding that he was willing to plead guilty to “escape prison”.

A spokesman for the Enforcement Agency Integrity Commission (EAIC) told The Malaysian Insight that the agency has received a complaint on the matter.

“Based on news reports, we can confirm that we have received a report on this matter. The case has been registered and is currently under early investigation,” the agency said.

Eliminating Deaths and Abuse in Custody Together (EDICT) urged Lim to lodge a report with the Human Rights Commissions of Malaysia (Suhakam), adding that it would assist the victim on legal matters.

Its spokesman, Khalid Ismath, said such incidents should not have happened in a prison.

“EDICT urges the Prisons Department to take the matter seriously and act against rogue officers who purposely cause hurt and intimidate inmates.

“The Prisons Department should have its measures to stop such incidents. Cases of violence and death in custody have been widely reported, even in courts.

“We would like to encourage the victim (Lim) to lodge a police report and a report to Suhakam, and EDICT is ready to assist on legal matters.”

Risking life, safety

Another former inmate told The Malaysian Insight that most of the abused prisoners chose to keep quiet as they do not want to risk their lives and their chances of getting an early release.

“Either you are stupid, or mentally unstable, to tell police what you are experiencing in prison.

“I know many of them who were beaten and tortured but have chosen to keep quiet because they did not want to risk their safety or prolong the detention. Anything can happen in prison.

“I understand the man’s (Lim) fear. I have been there but I am not sure if telling the judge about your condition will ever save you,” said the 53-year-old man who spent seven years in Sg Buloh prison.

He said he escaped the beatings and torture by “playing politics” in prison.

“The first two years were hell for me. If I could turn back time, I would not return to that moment. However, you gain experience and learn how to escape the situation.

“You need to be a sweet-talker. Tell them that they look handsome. Show them extra respect by saluting or praising them.

“It will take time but eventually the staff and guards will go easy on you. In order to survive in prison, that is what you have to do,” he said.

Outspoken preacher Wan Ji Wan Hussein, who was charged with sedition for allegedly insulting the sultan of Selangor, also alleged he was assaulted by a prison guard after introducing himself.

Wan Ji told The Malaysian Insight he was not able to disclose many incidents which took place in prison due to safety reasons.

“I am not confident with our current justice system. I saw many things inside prison. I can tell you everything that happened while I was there but I do not wish to say anything.

“I am tired of going up and down to the court. Maybe one day when we have a transparent government, I would reveal it all,” he said.

Wan Ji succeeded in obtaining a stay of execution on his one-year jail term at the Kajang prison pending an appeal. He is appealing to not only set aside the jail sentence but also his conviction under the Sedition Act 1948.

Transgenders vulnerable

Meanwhile, a transgender who spoke under the condition of anonymity, said her community was the most vulnerable group inside the prison system.

She said they were forced to give sexual pleasure to prison guards in return for safety.

“We would be intimidated. They will threaten us that we will be gang-raped by other inmates at night and for protection against that, we have to give them sexual favours.

“If you follow their orders, they will protect you and you will get extra treatment, such as good food.

“Do we have a choice? No, we don’t. They will ask you to perform all sorts of sex acts. Sometimes it happens three times a day. If we go out and lodge a report, who will believe our stories?”

The transgender was jailed for a year for cross-dressing, an offence punishable under the shariah law.

Human rights group Suaram said the government must take such complaints more seriously.

“We urge that all allegations be taken seriously, with independent investigators from Suhakam and EAIC be allowed to conduct immediate investigations,” said its executive director Sevan Doraisamy.

He added that investigation must prioritise and ensure victims are kept safe.

“We need to protect the victims and the perpetrators must be brought to justice and criminal action be taken if allegations are substantiated.”

Assaults common

Suaram in its 2019 report said two assault cases in prisons resulted in one death.

It cited Wan Ji’s case as one of the two. The second case resulted in the death of a prisoner in Kepayan prison in Sabah.

“Ten prison wardens were detained and remanded for the Sabah case. Initial reports suggested the deceased suffered blunt force trauma on the body. The 10 wardens were later prosecuted at the Kota Kinabalu court.

“The exact details leading to the death are unclear but the detainee was in prison for a drug offence,” the report stated.

In another case in 2014, Kamarulnizam Ismail, a general worker at a sugar refinery factory in Penang, was jailed for possessing stolen goods, and died in prison allegedly from a lung infection.

Unhappy with the death report, Kamarulnizam’s family filed a suit against the government, claiming he suffered injuries to the body.

In August 2019, the family won their civil suit against 12 individuals and the government.

Judicial commissioner Anslem Charles Fernandis said in his judgment that the defendants were liable for the negligence that caused Kamarulnizam’s death.

However, Anslem agreed with the pathologist’s findings that Kamarulnizam died of a lung infection. – October 1, 2020.