CHAPTER 1
him to drink tap water; and he had to repeatedly call out for the
sentry every time he wanted to go to the toilet as there was no builtin toilet. The Commission highlighted the allegations to the Police,
to which the Police replied that detainees were not allow to wear
clothes in lock-ups as there had been an incident where clothes were
used to commit suicide; there was a proper room for prayers that the
detainee should have requested to use; and that it was the decision
of the Public Works Department to build the lock-up without a toilet
and the Police is not to be held responsible. The Commission replied
to the Police on 11 March reminding the Police to abide by the LockUp Rules in terms of providing clothes and necessary items such as
mattresses to all detainees, and that the right of individuals including
detainees to practise religion should be respected as entrenched
within the Federal Constitution.
ii)
On 31 March, the Commission received a complaint from a female
former prisoner regarding alleged mistreatment of female prisoners
at Alor Setar Women’s Prison. The complaint alleged that about 65
prisoners had been forced to be bare-naked in the middle of a field
within the prison compound for body-checking in October 2015;
that a prisoner who had been caught with a tattoo on her body was
beaten during interrogation by two male Prison personnel; and that
several other prisoners had been treated harshly by Prison personnel.
The Commission visited Kedah from 17–18 May to inquire into the
complaint. Based on interviews conducted with the complainant,
eight female prisoners at the Prison, and four Prison personnel, the
Commission concluded that the alleged violations possibly occurred
due to the Prison personnel’s suspicion that the female prisoners had
engaged in same-sex love. The Commission revealed the findings
of the closed inquiry to the Ministry of Home Affairs and the Prison
Department on 12 October with the recommendation that an internal
investigation by a neutral party should be initiated immediately in line
with Rule 57(3) of the UN Standard Minimum Rules for the Treatment
of Prisoners 1955 (Nelson Mandela Rules), and thereafter appropriate
action must be taken against Prison personnel who are found to have
violated the Prison Rules, in accordance with the law. In addition to
that, the Commission reminds the Prison Department to ensure that
women prisoners are always under the supervision of female Prison
personnel, including during interrogation; and to provide more
training to Prison personnel on Prison Rules and Regulations as well as
the international standard on the treatment of prisoners.
The Commission visited the lock-up at Tanjung Kupang Police Station
on 24 August after receiving another complaint of mistreatment of a
58 SUHAKAM ANNUAL REPORT 2016
suhakam 2new.indd 58
3/23/17 5:54 PM