contradicts international standards.12 Further, she elaborated that the lack of access
to legal assistance will lead to longer remands and not receiving a fair trial, all of which
would further add to overcrowding.
Finally, she encouraged Malaysian politicians to engage with the Prison Department
and detention centres in their respective constituency, to be the voice of those who
are incarcerated and to speak against discrimination and stigma towards prisoners
which exist at all levels. She ended her remarks with a hope to see the reforms made
to address criminal justice policy starting with a simple reform especially in drug
offences legislation and sentencing policies.
1.5. YB Datuk Jonathan Yasin, Deputy Home Affairs Minister II, Ministry of Home Affairs
in his keynote address stated that the Prison Reform is fully supported by the Ministry
of Home Affairs, Malaysia. As early as in 2018, the Ministry has aimed at addressing
five main areas namely security and correctional, management of prisoners,
rehabilitations, reintegration and probation, and community corrections. The
transformation of the Malaysian prisons in Malaysia revolves issues faced by prisons
such as overcrowding, access to health care and correctional activities. 13 He
expressed his wish that all stakeholders comprising of government agencies and nongovernmental organisations to work together in supporting the agenda of prison
reform in Malaysia.
SESSION 1: PRISONS IN SOUTHEAST ASIA – WHERE ARE WE?
2.1. YBhg. Dato’ Haji Nordin bin Haji Muhamad, Commissioner General of Prisons,
Department of Prison, Malaysia started his presentation with the evolution of the
prison regime in Malaysia.14 YBhg Dato' Haji Nordin also explained that the early
concept of prisons from 1800 to 1940 was solely for punishment and torture to instill
public awareness and fear of crime.
In 1950s, the modern concept of rehabilitation was implemented.15 The modern
concept of rehabilitation was introduced in 1957 in the Malaysian prison system.
During this period, vocational training, and rehabilitation programs were
implemented throughout the country. Vocational programs were made the basis of
the rehabilitation programs in 1960s. It began to expand into the introduction of
rehabilitation programs outside known as the Ibrahim System. In 1995, the Prison
Ordinance was replaced with the Prison Act 1995 and Prison Rules 2000.16 In 2004,
the Human Development Programme was implemented as a holistic and integrated
12
Pre-trial detention increases the likelihood of abuse in criminal justice process. The conditions in pre-trial
detention are much worse than prison.
13
Since one of the objectives of the transformation is to manage prisons, it is crucial to ensure that the solutions
are in line with the rule of law, respecting individual human rights as well as in accordance with the UN Standard
Minimum Rules for the Treatment of Prisoners (Mandela Rules) and other international human rights standards
governing the treatment of prisoners.
14
The history of prisons in Malaysia began in 1790 when a group of prisoners from India were brought to build
Fort Cornwallis, a prison in Penang Island.
15
Based on the Prison Ordinance 1952 and Prison Rules and Regulation 1953.
16
Priority was given to the rehabilitation of inmates.
7