THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
buckets or portable units in their cells during lock up, generally after
dinner. In the morning, the prisoners have to then empty their buckets
into the main septic tank.
4.125 The Commission wishes to highlight that prisoners complained that they
are required to eat, sleep and defecate in the same area and accordingly
reiterates its recommendation to the Prisons Department to consider
remodelling or rebuilding affected prisons to ensure that every cell has its
own toilet facility.
4.126 The Commission explains that the European Court of Human Rights
considers the act of discharging human waste in a confined space used as
a living area to be degrading.160
(vi)
Exercise and Sport
4.127 Outdoor exercise is crucial for the mental and physical well-being of
prisoners as part of a balanced regime of activities in prison. This is
especially so, given that many prisoners spend most of their time in their
cells with limited access to sunlight and fresh air. International standards
specify that prisoners should have at minimum one hour in the open air
per day as time outside can also provide prisoners with the opportunity to
socialise or take part in recreational activities.
4.128 The Commission explains that outdoor activities are an important and
integral part of healthcare delivery in prisons to ensure a healthy physical
and mental health status of prisoners. Suitable facilities must be provided,
which are large enough, safe and properly equipped, in order to provide
the opportunity for genuine exercise and recreation as well as to benefit
prisoners with chronic illnesses, like hypertension, heart disease, and
diabetes who require regular exercise. Unfortunately, the Commission
observed that Malaysian prisons lack such facilities.
4.129 Although this is justified on disciplinary or security grounds, for example,
those serving life sentences with limited or no time for outdoor exercise,
the Commission is of the view that the prison administration must take
measures to ensure that all prisoners have access to the minimum of one
hour outdoor exercise per day, including those under segregation, isolation
or punishment. This can be achieved with proper prison management and
160
Napier v The Scottish Ministers [2004] S.L.T. 555
92