such as Malaysia and Kenya, how do they implement the compliance to
Mandela Rules with scarce resources since the counter argument that
SUHAKAM always receives was that there are no funds to change the
system? Is there any creative way to implement the compliance to the
Mandela Rules?
Mr. Tanaka responded that it is understandable that some rules do require
budgets. Some prisons might face difficulties to implement compliance due
to limited budget and resources. In some countries including Southeast Asian
countries, resources are focused to the administration and management but
in terms of the outbreaks of COVID-19, there some countries that have
already implemented some clear and rapid countermeasures to reduce
prison populations because overcrowding causes serious challenges to the
management of prisoners. Similarly, it is important to empower prison staffs
with awareness. In terms of prisoners infected by COVID-19, they should not
be brought into the prison to contain the spread of virus. Mr. Tanaka believes
that guidelines or SOP can be developed with the support of WHO for prison
staffs to perform operations in prisons during the outbreak of infectious
diseases such as COVID-19.
As for Kenya, Ms. Wachira said that they are facing issues with the
maintenance of prisons with colonial structures. The structures are below
the standards, but she has seen lots of creativity when it comes to
maintaining the standards for example efforts to decongest prisons through
the release of a huge number of prisoners. The judicial system helps to
support the prison with alternative sentences instead of imprisonment
which is beneficial in improving the condition in prisons. She had learned that
incarceration is not necessary for a lot of offences especially during the
outbreak of COVID-19 pandemic. Further, Kenya is practicing an open-door
policy where NGOs are allowed to step in to support the prison system in
maintaining human rights standards and the condition in prisons.
Ms. Verma reiterated that government funding is not the only way to address
the implementation of prison standards in Malaysia and around the world.
Prison crisis happens since prison management is not a political priority and
that is a reality. However, funding is important, and it is the State
responsibility to ensure that resources are available to protect and to
promote the rights of people in prison and the works that need to be done
on rehabilitation which is the primary goal of imprisonment as set by the
Mandela Rules. The approaches to the Mandela Rules depend on the
interpretation of the authorities. She thinks that there are creative
approaches and in fact, there are studies and research indicating that
imprisonment imposes a far higher cost on the government and society.
VIII. Dato’ Narander Singh mentioned that Mandela Rules is not the result but
a process for the prison to achieve the proposed standards. He presented
a hypothesis that achieving the total standard of Mandela Rules is easier in
37