police lock-up.35 In fact, this procedure should also be duplicated at all
reception points of all places of detention.
CHAPTER 1
Based on observations made, the inability of the detaining authorities to
provide basic necessities such as toiletries and bedding was mainly due to
budgetary shortages. The Commission was made to understand that there
were prisons that provide only a pair of cloth to a prisoner for the whole
period of detention. Therefore, it is not shocking to find that skin diseases
are rampantly spread in prisons.
(d) Food
Rule 22(1) of the Nelson Mandela Rules requires the authorities to ensure
that every prisoner shall be provided with nutritional food adequate for
health and strength. In addition, the Prison Regulations further provides that
prisoners’ food shall be in accordance with the diet scales approved by
the Ministry of Health.36
Bearing in mind the principles above, the Commission observed that in
Sungai Udang Prison, the portions of the meals supplied were inadequate
and appeared to lack nutrition. Further, the food was served in trays that
had not been cleaned properly, short of being labelled filthy. Similarly, the
portions of food provided in Johor Bharu Utara District Police Headquarters
were small and insufficient.
Meanwhile, in Pekan Nenas Immigration Detention Centre, while there is
no issue in respect of the portions of food, the Commission found issue in
respect of the preparation of the meals where the Commission observed
that not all kitchen staff were provided with aprons, gloves, and/or head
caps, in violation of universal food safety standards.
(e)
Access to Drinking Water
The Commission further observed that there was a limited supply of drinking
water for prisoners in Sungai Udang Prison, as they were provided with
drinking water only during meals. The Commission also observed that
inmates in IPD Johor Bahru Utara used plastic bags to keep their supply of
drinking water.
In this regard, the Commission would like to underline the fact that the
Nelson Mandela Rules clearly state that drinking water shall be made
available to every prisoner whenever he needs it (Article 20(2)).37
35 See the report of the Commission’s public inquiry into the death in custody of S Hendry, 2006.
36 Regulation 16, Prison Regulations Malaysia.
37 https://www.unodc.org/pdf/criminal_justice/UN_Standard_Minimum_Rules_for_the_Treatment_of_Prisoners.pdf accessed on 23/2/16
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