In civil democratic societies, the use of physical force by prison authorities is highly regulated and should always adhere to principles of necessity, proportionality, and respect for human dignity.

Even when inmates protest, especially if they are unarmed, force should be used sparingly and as a last resort. Recently, based on several police reports, the situation in Taiping Prison, where excessive force allegedly led to serious injuries and even deaths, highlights significant concerns about the accountability of prison authorities, human rights violations, and the integrity of the prison system.

International frameworks such as the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) clearly prohibit the use of excessive force or violence against inmates. These rules ensure that prisoners, even when protesting, are treated humanely and are not subjected to cruel, inhuman, or degrading treatment.

More importantly, prison authorities must respect prisoners’ dignity and treat them with humanity. Excessive physical force in response to protests violates these core human rights principles.

The force used to subdue inmates must always be proportional to the threat posed. In the case of unarmed inmates, there should be no reason for the use of deadly or excessive force.

The state must take the least violent approach to managing protests. Force should only be used when necessary and after all non-violent methods (like negotiation or de-escalation tactics) have been exhausted.

Obviously, disproportionate force leads to unnecessary harm and escalates tensions within the prison system. It can have long-lasting psychological effects on inmates and undermine any efforts at rehabilitation.

Consequently, when excessive force leads to death or serious injury, prison authorities may face criminal liability and/or civil suits. Hence, this should be thoroughly investigated, and those responsible should be held accountable.

A failure to address such incidents undermines public trust in the rule of law, the prison system, and the government’s commitment to human rights.

In a civil democracy, trust in state institutions is paramount. When incidents of abuse occur, especially involving state authorities like the police or prison staff, it damages the public’s confidence in the justice system.

The fact that reports of excessive force have been made by Taiping Prison inmates’ families and relatives in recent weeks suggests a serious failure of oversight and accountability that must be addressed swiftly.

Given the severity of the allegations and the potential impact on public confidence in Malaysia’s prison system, the establishment of a Special Royal Commission is timely and crucial, regardless of the outcome of the police investigation.

A Royal Commission offers an independent, impartial investigation that can go beyond the police investigation. This helps ensure that the findings are credible and free from political interference or bias. It is particularly important in cases involving allegations of misconduct by state authorities.

A Royal Commission has the power to conduct a thorough, wide-ranging investigation into the incident, including looking at the overall conditions in the prison, prison staff training, policies for handling protests, and whether human rights violations are systemic. This will help uncover root causes and provide clear recommendations for reform.

The establishment of a commission signals to the public that the government is serious about addressing human rights abuses within the prison system. It also provides a transparent mechanism for addressing public concerns and ensuring that the authorities are held accountable.

Ultimately, the findings of such a commission can serve as a foundation for systemic reforms in the prison system. By identifying systemic issues, whether in training, management, or policy, such a commission can guide meaningful changes to improve the functioning and ethical standards of prisons.

The fact that a month has passed since the first death in Taiping Prison and there has been no updates from the Home Ministry or the Director-General of Prisons, apart from the fact that the case is being investigated, is concerning. Silence from high-level authorities in such a critical matter raises several red flags.

Failure to publicly address the issue suggests an unwillingness to take responsibility or even acknowledge the severity of the allegations. In a democratic society, elected officials must be responsive and accountable to the public, especially when serious human rights concerns are raised.

Transparency is crucial when addressing allegations of excessive force. The absence of statements from the authorities raises suspicions about whether the authorities are attempting to avoid scrutiny or hide the truth. Public trust hinges on transparency, particularly in sensitive matters like this.

Thus, without prompt action or a transparent investigation, there is a risk of a cover-up or a failure to hold those responsible accountable. This could further erode public trust in the prison system and the government.

This incident illustrates the urgent need for prison reform in Malaysia. The current system may be failing in the following areas.

Firstly, proper training in human rights, de-escalation, and conflict resolution is crucial for handling protests without resorting to excessive force or violence.

Secondly, independent monitoring of prisons is necessary to ensure that abuses do not occur and that there is proper accountability.

Thirdly, addressing the mental health of both inmates and staff is vital to reducing tensions and improving overall prison conditions.

In addition, clear, humane, and just policies regarding the use of force and inmate protests must be fine-tuned and enforced without fear or favour.

The use of excessive force against unarmed inmates during protests is a violation of human rights, and the situation in Taiping Prison underscores the need for immediate attention and reform.

A Special Royal Commission is critical to uncovering the truth, ensuring accountability, and guiding systemic reform in the prison system. The lack of response from the authorities only highlights the need for urgent action to prevent further abuses and restore public trust in the prison system.

Malaysia Madani is envisioned as a society that upholds human rights and justice for all.

We cannot afford to fail those among us who are oppressed, particularly those in prisons. We urge our leaders to approach such matters with urgency and make them a priority.

DATO’ DR P. SUNDRAMOORTHY
Criminologist
Centre for Policy Research
Universiti Sains Malaysia