MALAYSIA


What are prison conditions like generally?
Communal areas seem reasonably well kept. Prisoners wear uniforms that denote their status (remand/sentenced; good behaviour; escape risk etc), differences are shown by stripes and colours on the mainly white uniform. Shorts and plastic sandals are worn. Prisoners appear to be clean-shaven.
Upon arrival prisoners are put into remand areas, which will house them for a month after which they will be allocated different housing.
Generally prisoners with HIV or HepC are kept in a "hospital" wing.
The better the disciplinary record of the prisoner, the better the housing.
Those in communal cells (sometimes up to 12 in a cell) have to keep their possessions to a minimum. Bedding must be rolled away each morning. Religious study is encouraged for all Muslim prisoners.
Those sentenced to death have their own cell 15' x 9' x 12' high. Inside the cell there is a tap, bucket and 'scoop & can' (shower) and waste paper basket. Prisoners are confined to their cells all day except for an hour in the morning and half an hour in the afternoon. They are kept separate from the rest of the prison population. Executions are carried out by hanging.

Is there corporal punishment?
Caning with a thick bamboo cane called a "rotan" is a regular event at some prisons. The rotan is only used on males over the age of 18. Foreigners are not exempt from this punishment. A separate cane is used for HIV+ prisoners. A court must impose the sentence of caning.
The flogger is a professional member of the Prison Authorities who is specially trained to carry out this punishment. Medical attendants are on hand to help the prisoner after his punishment. Depending on the number of strokes that have been imposed; the sentence may be carried out over a number of months. Scarring from this practice will be lifelong. It is reported that this is the punishment that is most highly feared amongst those in the criminal justice system.

What food and drink is provided and what else can be obtained?
All prisoners are given three meals a day. (Different hours are applicable during Ramadan) All food served is Halal. Prisoners eat the local diet, which consists mainly of rice. Additional food and drink can be bought from the prison canteen. Fruit and nuts can be brought in on visits but no other cooked foods are allowed to be brought in.

What about health and hygiene in the prisons?
Prisoners are given a medical assessment on arrival, where medical needs are discussed. When necessary, prisoners have access to doctors but they are first seen by a medical attendant in the prison. If a prisoner needs to be taken to the hospital then this is arranged, free of charge.
Visiting dentists come to the prison periodically.
Prisoners are allowed to wash in their cells and, by local standards, sanitation is reasonable.

What are the opportunities for work?
Most prisoners are expected to work in factory/workshop/laundry/kitchen positions. Good disciplinary records will help to achieve more prestigious jobs for well-behaved prisoners.
For condemned prisoners and those on remand, there is no possibility of work in the prison. It is possible for convicted prisoners to get work.

How does a prisoner receive and have access to money?
Please contact relevant Consulate for details of the system to send money to a prisoner.

What are the regulations concerning letters, parcels etc?
Letters can be sent to the prison but not parcels. Visitors can also take in letters and faxes to the prisoners and take the prisoners letters out of the prison once they have been censored by the guards.
Newspapers, books and magazines are censored. A visitor can take in parcels containing reading material but not food.
The number of visits allowed per month will be determined by the prisoner's disciplinary level. In some prisons the visiting is non-contact.

Prisoners are not allowed to make phone calls.

What type of legal system is there?
The legal system is partly based on the British one but there is no trial by jury.

How is the case investigated? What happens during the remand period?
Depending on the offence, a prisoner can be held on remand for up to one year. The prisoner's lawyer has unlimited access to the prisoner. The prisoner is not allowed to make or receive phone calls but can write and receive letters. The prisoner is allowed one visit a week.

What provision is there for bail?
There are provisions for bail for those that have committed minor offences including minor drug offences, such as the possession of a small amount of soft drugs.

What kind of legal assistance is available?
There is no legal aid for foreign prisoners; they must fund their own defence.

What happens at the trial?
Witnesses are called for the prosecution, are then questioned by the prosecution and then cross-examined by the defence and vice versa.

How can appeals be made?
A prisoner has the right to appeal to the Appeals court. Depending on the region that they are imprisoned in, they appeal to either the Appeals court in the Peninsular or the East of Malaysia. If an appeal fails, then the prisoner can then appeal to the Federal Court of Appeal.

What provision is there for reduction of sentence e.g. for good behaviour?
A prison sentence can be reduced by a third for good behaviour. However, if a prisoner has fines and is unable to pay, then they must serve out the rest of their sentence.

What provision is there for early release e.g. on parole?
There is no parole for non-nationals except a reduction in a prisoner's sentence for good behaviour.

What provision is there for clemency or pardon?
Appeals for clemency or pardon are made to the Appeals Board in the state in which the prisoner has been convicted. The appeal is passed onto the head of state. He is advised by an office in the Ministry of Home Affairs.

Is transfer to another prison a possibility? If so, what are the provisions for
this?
At present, there is no provision for transfers to other prisons in Malaysia or to the home country
.
What are the procedures for release and deportation?
On release, a prisoner or his or her family must find the money for the fare back to the Home Country. Failure to do so will mean that the prisoner will be detained by immigration until the fare is found.

Prison System
Singapore's penal institutions are classified into maximum, medium and minimum security prisons depending on the physical structure of the institutions and the categories of prisoners accommodated within.

Maximum Security Prisons
Queenstown Remand Prison is a remand, reception and allocation centre for adult male offenders. It also houses short-term prisoners.
Changi Prison houses long-term prisoners including condemned prisoners, preventive trainees and adult male offenders sentenced to more than five years' imprisonment. A link to a description of life in Changi can be found here. http://www.phaseloop.com/foreignprisoners/prison-changi01.html
Tanah Merah Prison is equipped with advanced security features and communications equipment. Inaugurated in late 1993, it houses Criminal Law detainees (CLDs), corrective trainees, and drug traffickers sentenced to more than five years' imprisonment.
Changi Women's Prison commenced operations in early 1994. It houses all categories of female adult penal offenders.

Medium Security Institutions
Moon Crescent Prison houses short-term and some long-term prisoners. The long-term prisoners are those who have been transferred from the maximum security prisons to serve the tail-end of their sentences as a way of preparing them for their imminent return to society.
Tampines Prison houses short-term and long-term prisoners of medium security rating.
Abingdon Prison houses illegal immigrants and short-term prisoners.
Bedok Reformative Training Centre houses young offenders between the ages of 16 and 21 years who have been sentenced to reformative training.
Minimum Security Institutions

Abingdon Work Release Camp houses prisoners on the Work Release Scheme. This scheme allows prisoners to leave the camp for work during the day and return to camp in the evening after work, enabling them to reintegrate gradually into society.
Seletar Work Release Camp houses Criminal Law detainees selected to undergo the 1-year Work Release Scheme.

Daily Life in Prison

Each section is fitted with high security doors and these can easily be secured if necessary. The corridors are monitored all the time, giving prisoners little chance of even planning an escape.
A prisoner’s day is well planned from sunrise to sunset. Roll call early in the morning ensures that all prisoners are accounted for. Violent offenders, young and first-time prisoners are segregated for safety and security reasons.. Physical recreation is high on the list of priorities. Activities keep inmates healthy, fit and occupied, whilst recreational games help relieve the pressure of incarceration and promote positive interaction between inmates.

Visiting a Singaporean Prison

Family Visits: Families can visit their relatives in prison. Literature and certain food items are allowed but they have to be screened before being given the inmates. Occasionally inmates may ask to speak to non-relatives with whom special attachments exist.

Foreign Prisoners

Little is known about the Singaporean system and it is advisable to contact the relevant Consulate for more information about a particular prisoner’s situation.
Singapore’s Judicial System

The court system in criminal matters consists of the Supreme Court and The Subordinate Court.
The Supreme Court consists of the Chief Justice and the judges of the Supreme Court
and divided into the High Court, Court of Appeal and the Court of Criminal Appeal. The High Court exercises unlimited original jurisdiction in criminal cases.
Generally, the High Court sits with one judge, but since the abolition of
the jury system in 1969, offences in which the punishment of death is authorised by law
are now triable by a court of two judges, one of whom presides.
The Court of Criminal Appeal hears appeals by persons convicted by the High Court.
Lower courts, known as Subordinate Courts, consist of the nine District Courts,
eleven Magistrates' Courts, one Juvenile Court, one Coroners Court and
the Small Claims Tribunal.
The District Courts try all offences for which the maximum term of imprisonment provided by
aw does not exceed seven years or which are punishable by a fine only.
A District Court has one judge sitting. Magistrates' Courts have the power to hear, try,
determine and dispose of offenders in summary prosecution for offences where the
maximum term of imprisonment provided by law does not exceed three years or which
are punishable by a fine only. The procedure and functions of criminal courts are
defined mainly by the Criminal Procedure Code, the Supreme Court Judicature Act,
the Subordinate Courts Act, and the Children and Young Persons Act. The minimum age of criminal responsibility is seven.
In addition, a child above seven years of age and under twelve, is not criminally
responsible if he/she has not attained sufficient maturity of understanding
to judge the nature and consequence of his/her conduct on that occasion. Does Singapore have the Death Penalty?
The death penalty is mandatory for drug trafficking, murder, treason and certain firearms offences.
Does Singapore have corporal punishment (caning)?
Caning, remains mandatory for some 30 crimes, including attempted murder, rape, armed robbery, drugs trafficking, illegal immigration offences and vandalism.
Under the law, caning may be imposed on child offenders, in breach of the UN Children’s Convention.

Foreign Consulates in Singapore

Australia (http://www.singapore.embassy.gov.au/aboutus.html)
Canada (http://www.dfait-maeci.gc.ca/asia/singapore/menu-en.asp)
New Zealand (http://www.nzembassy.com/contact.cfm?CFID=21101841&CFTOKEN=88669814&c=28&l=74)
UK (http://www.britishhighcommission.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1065715019755) (http://www.britishhighcommission.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1065715019755)
USA (http://singapore.usembassy.gov/contact_us.html)

COMMIT A SERIOUS OFFENCE IN PRISON ? YOU RISK A CANING

It's a little-known fact that prisons can give inmates a rotan sentence

A judge can sentence a convicted person to be given up to 24 strokes of the cane for certain grave crimes like rape.
If the convicts gets into serious trouble in prison, the law allows him to be given up to another 24 strokes.
It's a little known fact of the criminal justice system.
Offences in prison which may invoke the rotan are serious ones: fighting, rioting and being involved in gang activities.
Gang members, while serving time in prison, can be caned if found guilty of continuing to engage in gang activities, like gang fights, drawing of gang signs, shouting gang slogans and planning or engaging in assault on rival gangs or prison officers.
However, the Singapore Prison Service said such punishment is rarely meted out.
Unlike the court system, where a judge decides on the punishment, in prison, it's the superintendent of the prison who decides.
In June, The New Paper ran a report on how some convicts joined gangs in prison and even got into gang fights.
They can be placed in solitary confinement, have their family visits reduced or removed, and have their time behind bars extended by months.
In addition to all that, prisoners can also be caned for committing offences under the Prisons Act.

Full Story: Electric News (http://newpaper.asia1.com.sg/news/story/0,4136,139270,00.html)