CHAPTER 2 - REPORT OF THE COMPLAINTS AND INQUIRIES WORKING GROUP
In a letter dated 14 November, the Prison Department responded to these recommendations:
(i)
A guideline had been issued in 2004 instructing all prison officers to wear face masks while
conducting checks, as a safety precaution against potential infection from diseases.
(ii)
The Prison Department SOP provides for detainees to be taken to hospital immediately in the
event of an ‘extraordinary incident’. The delay in sending the detainees for treatment in this
case was because they had not complained to the warders about any injuries. The authorities
only knew about the injuries after the family-members of the detainees lodged police reports.
(iii) Apart from contraband, any items bought from the prison canteen which exceed the permitted
quantity will be confiscated.
(f) Freedom of Religion
Freedom to profess a religion is a right guaranteed by the Federal Constitution, in line with the UDHR.
Article 3(1) of the Federal Constitution states that Islam is the religion of the Federation, but other
religions may be practised.
The Commission received a complaint from a group of Shiah followers in Gombak, Selangor, after
a team from the Selangor Islamic Affairs Department (JAIS) entered the premises where they were
conducting a closed ceremony. Several of their leaders were arrested. The Commission took the
initiative to meet separately with the complainants, who maintained the stand that they have a
right to freely profess their faith. The Commission has begun discussing the matter with JAIS, the
Department of Islamic Development, and other religious figures and authorities. The discussions are
still in progress.
The Commission is of the opinion that the right to religion is for all, as guaranteed by the Federal
Constitution and the UDHR, and regardless of differences in the school of thought as is the case with
Shiah followers. The Commission is aware of the sensitivity surrounding the issue but reiterates that
every individual has the right to freedom of faith. However, the Commission also takes note of the
provision that State or Federal law may control or restrict the propagation of any religious doctrine
or belief among people professing Islam.
(g) Children’s Welfare
In May, a media report highlighted that children at a religious school in Kedah were being used to
collect donations at petrol stations and at ‘Rest and Recreation’ centres throughout Malaysia. This
issue attracted the Commission’s attention as it contravenes Article 32 of the CRC, which obliges State
Parties to protect children from economic exploitation that can interfere with their education.
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