PRISONERS remanded for minor offences, non-violent crimes or drug use should be released with conditions as a measure to prevent overcrowding at prisons, said Suhakam.

The Human Rights Commission of Malaysia said this can prevent Covid-19 cases from increasing in prisons.

Suhakam Commissioner Jerald Joseph said they were very concerned about the spread of Covid-19 in detention centres, especially in prisons, immigration depots and police lock-ups.

“At the beginning of the outbreak in March, Suhakam had made recommendations to prevent Covid-19 infections in the detention centres.

“However, now we see that many prisons have been infected and some have recorded a high number of cases,” he said during a press conference today.

According to Suhakam’s data, the official capacity for all prisons nationwide was 53,830, but as of October 15, there were 72,903 prisoners incarcerated.

Joseph said that not only were prisoners getting infected, the staff, prison officers and family members were also put at risk.

He said Suhakam wants the government and local prison management to take more serious steps and actions.

“The spread of this pandemic is expected to continue until it can be completely curbed.”

He added that Suhakam recommended that those in remand but not at risk to public safety or have chronic health problems, be released with conditions.

This, he said, includes remand prisoners for minor offences or cases related to socio-economic problems, and elderly prisoners who are sick, including those with mental illness.

“We suggest that they be released, but they have to check in with the nearest police station regularly.”

Suhakam also stated that approximately 30% of the total prison population was remand prisoners detained because they can’t post bail.

As for immigration detention centres, Joseph said the risk of Covid-19 infection increases with the density of the number of detainees.

This, he said, was due to lack of space for local isolation or quarantine, lack of physical distance and lack of health facilities in detention facilities.

“At the immigration depots, the capacity is 12,530 and the total number of detainees as of July 1, is 15,163.

“There are about 1,000 refugees and applicants eligible for UNHCR status who are still in custody.”

Suhakam recommends the Immigration Department stop all large-scale operations to catch undocumented migrants and look for other alternative measures to solve these problems, such as amnesty programmes.

“Since August 2019, UNHCR has not been granted access to refugees. The authorities must provide access to UNHCR to process those (Rohingya) eligible and subsequently release them from detention.” – November 12, 2020.