AS the nation is transitioning to the endemic phase of Covid-19, perhaps the government should consider those issues that were once most pertinent and in need of reform during the pandemic.

For example, facilities such as prisons and detention centres should be given the priority to reform – especially their sanitary conditions and policies – so that they can be better prepared for the next pandemic should it strike again in future.

During the outbreak in 2020, former prime minister Muhyiddin Yassin once stated in a speech that the Covid-19 outbreak was worsening due to the presence of undocumented migrants and prisoners, triggering a spike in case numbers in Sabah and Kedah.

Considering the general public’s indifferent, lukewarm attitude towards undocumented migrants, most Malaysians would have believed him. Therefore, they did not consider this narrative problematic.

During the lockdown, there were large numbers of arrests of undocumented migrants, but the majority of Malaysians did not show sympathy to these groups.

While the number of daily confirmed cases in detention centres and prisons increased during the pandemic, some people were not aware or just being ignorant about the real reasons for inadequate prevention of the pandemic in such facilities.

The issue is long overdue

Way before the outbreak, the country’s prison and detention centre system, health facilities, sanitary facilities had all received attention from civil society.

Members of Parliament also introduced bills to reform prisons and lock-ups. Unfortunately, the pandemic hit before the reforms could begin.

In 2018, the Human Rights Commission of Malaysia (Suhakam) reported that the circumstances in prisons were appalling, with overcrowding, poor maintenance and sanitation, and lack of essential amenities including clean water, food, and medical care.

These concerns became glaringly obvious and surfaced during the pandemic, resulting in the rapid spread of Covid-19 in these facilities.

However, overcrowding was one of the key issues that had emerged long before the pandemic.

Suhakam once gave startling statistics for the overcrowding problem: it found that the total capacity of the country’s prisons was 53,830, but the population in the prisons reached 72,903 during the pandemic in 2020.

This exceeds the original capacity by 40%. Similarly, in the detention centres, the current population is 15,163, which is 2,633 over the original capacity.

Is it possible to maintain the social distance required for the prevention of Covid-19 spread with such density of people?

The entire network cannot protect inmates in its current form, once Covid-19 virus made inroads and spread within.

Such overpopulation in these places over the years was really beyond the boundary of being humane. Even prisoners should have their basic human rights guaranteed.

Chronic overcrowding puts a strain on the prisons, detention centres and perhaps even the entire security system, leading to a domino effect of disease spread. In fact, sanitation conditions and inferior basic facilities are often implicated.

In my current work, I interviewed some of the ex-detainees and found that the sanitary conditions in the prisons were extremely poor.

They were all staying in the same cell, regardless of whether one is close contact, unless the person is confirmed Covid-19 positive.

If it is a major prison, the disease would have been contained by block but because it was already overcrowded, it became difficult for the inmates to maintain social distancing.

Inmates slept on the floor and the space was so cramped that they barely had enough room to sleep on one side only.

The pandemic forced them to eat, drink, and use the toilet in the same space. Unfortunately, sometimes even without access to water.

This is undoubtedly why the Covid-19 virus was so overwhelmingly spreading in prisons.

The sanitary conditions in our prisons are not in accordance with the existing section 13 of the Lockup Rules 1953, which stated that “every prisoner should be supplied with bedding which should be changed and washed as often as may be necessary but never less than once a month”. 

One of the interviewees also revealed that the prisoners were not provided with masks to prevent the spread of the virus.

It was the case until only the later stage, when the Covid-19 outbreaks really overwhelmed the prisons and caught media attention.

The centres still lacked important supplies, reflected in the fact that one prisoner was only given two masks, these masks were not changed regularly but were used continuously.

The need for urgent reform

The problem of overcrowding, sanitary conditions, and poor facilities in the prisons and detention camps needs to be addressed urgently.

Not only that, the management of the Bureau of Prisons and detention centres, as well as the entire judicial system needs to be reformed.

This includes improving management at all levels, reforming detention, staff training, regulations, facilitation, and helping prisoners reintegrate into the society.

As for the detention centres, the government should co-operate with civil society groups, instead of ignoring the gaps and problems waiting to be fixed. Even so, these solutions require the boldness and political determination of policy makers to achieve them.

Truth be told, prison management and services are the most neglected and forgotten part of the national security system.

For both the general public and those in power, basic human rights for prison inmates and detainees are often easily and conveniently ignored.

Therefore, I hope that as our country enters the post-Covid-19 pandemic phase, we should address the problems of prisons and detention centres comprehensively and not ignore the need for prison reform. – May 16, 2022.

* Esther Sinirisan Chong is a member of Agora Society. She was born and raised in the Land Below the Wind. Her research interest lies in education and government policies, and the history and heritage of East Malaysia.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.