Withdraw amendment bill for Prisons Act, group tells govt

PETALING JAYA: A group advocating an end to custodial deaths has urged the government to withdraw proposed amendments to the Prisons Act 1995, saying stakeholders were not consulted and that the changes are problematic.

Lawyer-activist M Visvanathan of Eliminating Deaths and Abuse in Custody Together (EDICT) took issue with the proposed new Section 63A, which he described as highly regressive and inconsistent with the government’s reform agenda as it appears to diminish prison officers’ accountability.

According to the draft section shared by EDICT, no action, suit, prosecution or other proceedings may be brought or maintained in any court against any prison officer or other person for any act done, or purportedly done, under the order, direction or instruction of the commissioner-general.

Visvanathan said the proposed provision could weaken safeguards essential to ensuring transparency, professionalism, and respect for the rights and welfare of persons in custody.

He also warned it risks undermining public confidence in prison governance and accountability mechanisms.

“The introduction of such a provision is troubling,” he said.

“Any legislative amendment affecting prison administration should strengthen, rather than weaken, mechanisms of accountability and public confidence.”

He added that cases involving deaths in prisons, as well as last year’s riot at Taiping Prison, underscore the urgent need for meaningful and comprehensive reforms in the prison system.

Visvanathan also said the amendments appear to have been drafted and tabled without prior consultation with relevant stakeholders, including civil society organisations, legal practitioners, human rights advocates, prison reform experts and others.

He urged MPs to reject any attempt to rush the bill through and to insist on a comprehensive consultative process before further consideration.

The amendment bill was tabled for its first reading in the Dewan Rakyat on Tuesday by deputy home minister Shamsul Anuar Nasarah.

It seeks to empower the commissioner-general to order the installation of electronic monitoring devices on inmates, including those in prison, and those released on licence or parole.

The bill also proposes a new Section 66A to allow the commissioner-general to appoint volunteers to assist prison officers in carrying out rehabilitation programmes, Bernama reported.