THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT 3.43 In this regard, the Commission notes the feedback from the Prisons Department of Malaysia: “Apart from outdoor physical activities, prisoners are involved in recreational activities such as indoor games, library, watching television within the blocks outside the cells”. 3.44 The Commission notes that while the above is in line with Rule 40 of the SMR: “Every institution shall have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall be encouraged to make full use of it”, the Rules require the following: “21. (1) Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits. (2) Young prisoners, and others of suitable age and physique, shall receive physical and recreational training during the period of exercise. To this end space, installations and equipment should be provided.” Dental Health (Q: 33) 3.45 Despite being an essential part of health,74 dental health of prisoners was overlooked in almost all prisons surveyed. 83 per cent (4535 prisoners) reported not being offered any form of dental treatment in prison, possibly due to the unavailability of dentist in prisons. 3.46 The Commission takes note of the feedback from the Prisons Department of Malaysia: “The Prisons Department takes the initiative to bring dentists from the nearest Government hospital. At times, prisoners who need immediate and further attention / treatment will be referred / brought to the hospital”. 74 Prison Act 1995: 14. Medical Officer and Dental Officer for prisons- (1) The Minister charged with the responsibility for health services shall, whenever the circumstances permit, appoint from the staff of the Ministry of Health a Medical Officer and a Dental Officer for each of the prisons. (2) If the circumstances do not permit an appointment under subsection(1), the Minister charged with the responsibility for health services may appoint any registered medical practitioner or any registered dentist to be the Medical Officer or Dental Officer of any particular prison. Standard Minimum Rules for the Treatment of Prisoners: 22 (3) The services of a qualified dental officer shall be available to every prisoner. 48

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