THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT due to the high cost of the medication as well as the comparatively short duration of imprisonment of foreign prisoners. 4.47 In this regard, the Commission advises non-discrimination and equality are fundamental human rights standards and critical components of the right to health.131 4.48 Recently in Botswana, the High Court132 in its decision delivered on 22 August 2014 at the High Court of Gaborone ordered the Government to provide treatment to HIV-positive foreign prisoners at the State’s expense as the denial of anti-retroviral (ARV) treatment to foreign prisoners violated their human and constitutional rights to equality, dignity and nondiscrimination. The Court further affirmed that providing ARV treatment to all prisoners who need it is critical to effectively addressing HIV in the country. 4.49 The Commission cautions that the intentional refusal of vital medical care such as HIV treatment may amount to inhuman treatment and accordingly recommends that all prisoners who are HIV positive be accorded the same medical treatment. Solitary Confinement and Death Row Prisoners 4.50 In Malaysia, there is an automatic placement of death row prisoners in solitary confinement. Solitary confinement is defined as 22-24 hour isolation in a closed cell, according to Solitary Watch.133 4.51 In the Malaysian correctional system, death row prisoners are kept in solitary confinement for up to 23 hours a day. One hour a day is permitted outside the cell, but within the confined spaces of their dormitory. 4.52 At this juncture, the Commission takes note of the feedback received by the Prisons Department of Malaysia: “Solitary confinement does not exist in Malaysian Prisons. Single cells provided for death row prisoners is not solitary confinement but is a single occupancy cell as stipulated in the Prison Rules for security reason; for the safety and security of the prisoner and other prisoners. Death row prisoners are allowed to participate in religious activities, recreational, physical exercise and family visits on a http://www.ohchr.org/Documents/Publications/Factsheet31.pdf Dickson Tapela and Mbuso Piye, together with Botswana Network on Ethics Law and HIV-AIDS (BONELA) v The Attorney General & Others, 2014 133 Solitary Watch is a web-based project aimed at bringing the widespread use of solitary confinement out of the shadows and into the light of the public square: http://solitarywatch.com/facts/faq/ accessed on 23/2/16 131 132 73