THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT • • • • • • • • • Artificial light was not always provided for the prisoners to read or work without injury to eyesight. Sanitary installations although adequate to enable every prisoner to comply with the needs of nature when necessary, were not strategically placed within the cell (disregard for privacy). Every prisoner was provided by the administration at normal and acceptable hours with food of nutritional value, adequate for health (approved by Ministry of Health). Drinking water was available to every prisoner. Every meal is eaten alone, and death row prisoners are not eligible for work or education programmes or congregational religious services. Prisoners are allowed to purchase a radio and/or CD player for their cell. Lack of medical care is a major problem in almost all prisons visited. Death row prisoners do not necessarily receive psychological or psychiatric treatment. While a few prison buildings were dilapidated, death row prisoners generally lived in sanitary conditions. It was observed that most prison staff treated death row prisoners with compassion and respect. 4.57 In relation to the above, the Commission in November 2015 welcomed the announcement by the Attorney-General of Malaysia that the Government will take necessary steps to abolish the mandatory imposition of the death penalty for drug related offences so that Judges will have the power to dispense discretion in all drug trafficking and related cases. The Commission also advised the Government to review all criminal laws to ensure that the death penalty, if imposed, was applicable only to the most serious crimes as defined by Article 6(2) of the International Covenant on Civil and Political Rights (ICCPR). 4.58 The Commission reiterates that the death penalty undermines human dignity and violates the most basic of all human rights; the right to life. Prisoners with Disabilities 4.59 The special needs of prisoners with disabilities naturally depend on the nature of their disability, though there are some key concerns that are common to all. Prisoners with disabilities should have equal access to all 75

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