The Ayer Molek police lockup in Johor Bahru is in a deplorable state and should be shut down if "acceptable standards" cannot be maintained, said the Human Rights Commission (Suhakam).

Commission chairperson Razali Ismail said that a site visit showed that the facility posed a health hazard for detainees and detainees were not given adequate food and water.

"Suhakam is of the view that the conditions are so poor, that they amount to cruel, inhumane, or degrading treatment.

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"We reiterate that treating persons deprived of their liberty with humanity and respect for their dignity is a basic and universally applicable tenet.

"If acceptable standards in detention cannot be maintained, the Ayer Molek and other lockups in similar conditions must be closed," he said in a statement today.

Razali said that the lack of financial resources could not be used as an excuse. 

He said that Suhakam could see that all cells had "decaying floors", inadequate lighting, poor ventilation, lack of lockup clothes and lack of bedding.

The team said the police lockup had a daily budget for three meals for each detainee was RM8. This, said Razali, was "unacceptable". 

"Even the lockup staff acknowledge that this amount does not allow for sufficient portions that are nutritionally balanced and adequate according to the diet prescribed by the health ministry," he said.

Breach of laws

The team found that drinking water was provided to detainees only three times a day, therefore violating the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) which stipulated that detainees should have access to drinking water when needed.

Razali also expressed concern over poor sanitation, overcrowding and the lack of medical facilities at the lockup - itself a violation of Lockup Rules 1953 - had led to the spread of infectious diseases.

"Suhakam empathises with lockup officers who have to purchase face masks and gloves on their own to protect themselves against tuberculosis and other diseases. 

"Suhakam was informed that there were cases of police officers stationed at the lockup who had contracted tuberculosis from sick detainees," said Razali.

Razali said that the managers of a lockup must ensure that a detainee's unconvicted status is demonstrated in their treatment. 

He also called on the home ministry to take immediate steps to remedy the deplorable and inhumane conditions endured by persons who are on remand and not yet charged.

source : Malaysia Kini