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V.  Inhumane Conditions in Simpang Renggam

The Simpang Renggam Behavioural Rehabilitation Centre in Johor houses detainees held under the Emergency Ordinance and the Dangerous Drugs (Special Preventive Measures) Act 1985, as well as convicts and remand prisoners. Former detainees, the Malaysian Bar Council, and the Parliamentary Caucus on Human Rights have described poor conditions of detention. People who had been detained at the facility told Human Rights Watch of overcrowded cells, inedible food infested with worms, limited access to fresh air or exercise, and unhygienic living conditions—allegations which are consistent with those made to the other groups. These continuing claims raise serious concerns that conditions in Simpang Renggam amount to inhumane or degrading treatment, as those terms are defined in international law. These are serious allegations that warrant a serious investigation by the Malaysian government, periodic visits by independent organizations like the International Committee of the Red Cross, and regular monitoring by local and international human rights organizations.

In July 2005, Human Rights Watch requested permission to visit Simpang Renggam, but was denied.

Conditions of Detention

Overcrowding

Simpang Renggam was built to house 2000 prisoners,⁸⁷ but in public figures released by the government in November 2004 the detention center holds 3,911 persons, of which 737 were remand prisoners, 1,486 convicts, and 1,688 people detained under the Emergency Ordinance and Dangerous Drug Act.⁸⁸ The government has not publicly released any updated statistics on the Simpang Renggam population.

Members of the Malaysian Bar Council who visited Simpang Renggam in November  2004 concluded that the detention center “faces severe overcrowding and the Prison Dept do not seem to be able to cope [sic].”⁸⁹ In June 2005 the Parliamentary Caucus on Human Rights, comprised of members of parliament from both the government and the opposition—United Malay National Organization, Malaysia Chinese Association, and Democratic Action Party—visited Simpang Renggam and concluded that the detention center is “over congested.”⁹⁰ The caucus spent three hours at the center and found that “many cells” housed five to six people.⁹¹ A member of the caucus later told journalists that the “conditions seem overcrowded and unhealthy.”⁹²

Poor Hygiene and Cleanliness

Former detainees and the Malaysian Bar Council allege that conditions of detention in Simpang Renggam do not meet basic standards of health and hygiene.

A former detainee described the cell conditions to Human Rights Watch as follows: “When I first arrived in Simpang Renggam I was given a small bucket to be used as a toilet. I was in this cell for seven days. . . .We were given a jug of water to wash.”⁹³The detainee was then transferred to another cell block and recalled, “There was a tap in the cell and a toilet hole in the ground. It smelled really bad. We did not get water on a daily basis.”⁹⁴ Another former detainee confirmed the inadequacy of water for bathing when he was in Simpang Renggam: “Detainees do not have access to adequate water for showers on a daily basis. It’s dirty, sweaty, and hot.”⁹⁵ 

One likely consequence of the inadequate supply of clean water has been the spread of skin diseases such as scabies. In November 2004 the Malaysian Bar Council interviewed eight detainees at Simpang Renggam separately and found that “most of the detainees [they] met had serious skin ailments needing immediate attention.”⁹⁶ An attorney representing EO detainees told Human Rights Watch, “Every time I visit my clients I get shocked. They have boils waiting to explode. They have rashes and scabies.”⁹⁷

While not dangerous, scabies, an infestation of the skin, spreads rapidly in crowded conditions where there is frequent skin-to-skin contact between people.⁹⁸ Scabies causes severe itching and discomfort and if untreated may spread over the body. Those with scabies are at risk of secondary bacterial infections if they scratch the affected areas. Scabies may also be transmitted by skin contact and puts detention center staff and their families at risk of contracting the disease.

Inadequate Ventilation and Light

A former detainee described the cell conditions to Human Rights Watch: “When I first arrived in Simpang Renggam . . . I was in this cell for seven days. There was no fan or window. There was one light bulb. There were lots of mosquitoes.”⁹⁹ The detainee was then transferred to another cell block. “After the first seven days we were taken to block 3D. . . .There was no fan and light in the cell. Light would come from the corridor. I could not read.”¹⁰⁰ Another detainee confirmed the absence of lights and fans in the cells: “There were no lights or fans in the cells. We used to sit in our cells dripping with sweat.”¹⁰¹ 

Inadequate Food

Former detainees of Simpang Renggam had complaints about the quality and amount food. “The food was disgusting; I could not eat it,” said a former detainee. “Many times I would find worms in the rice.”¹⁰² A lawyer whose EO clients are in Simpang Renggam confirmed that the food in 2006 has continued to be often inedible.¹⁰³ Another former detainee agreed that the food was “terrible,” but also complained about portions: “They did not give us enough food and I was often hungry.”¹⁰⁴

Little Contact with Outside World

Detainees are allowed family visits, but the frequency is determined by the length of their detention. Those held for periods of three months or less are allowed only a single family visit during their entire stay. A former detainee explained that the length of detention determines the frequency of the visits. The longer a person is in detention the more frequent the family visits.¹⁰⁵ A 2002 SUHAKAM visit to Simpang Renggam confirmed how the length of detention determines a detainee’s privileges in terms of frequency of family visits.¹⁰⁶

Family visits last no longer than forty-five minutes.¹⁰⁸ A glass separates the detainee from physical contact with his or her family. Families communicate through a telephone.¹⁰⁹

Lack of Opportunities for Rehabilitation and Recreation

A former detainee told Human Rights Watch, “They call it Simpang Renggam Rehabilitation Center, but there is no rehabilitation. We had nothing to do.”¹¹⁰ Another former detainee recalled, “We got very little exercise, only one day per week.”¹¹¹

In November 2004 the Malaysian Bar Council reported that there “does not seem to [be] any form of structured program of rehabilitation or vocation” for EO detainees at Simpang Renggam.¹¹² In June 2005 the Parliamentary Caucus on Human Rights also noted that the detention center lacked adequate work and rehabilitation programs for detainees.¹¹³

During the day the main recreational activity for detainees is watching television. SUHAKAM, in its 2002 report about Simpang Renggam, noted that watching television is the only recreational activity and recommended that other activities be made accessible, such as indoor games like chess.¹¹⁴

Legal Standards on Detention

International standards require that “[a]ll persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.”¹¹⁵ In 1992 the United Nations Human Rights Committee explained that states have “a positive obligation toward persons who are particularly vulnerable because of their status as persons deprived of liberty,” and stated:

[N]ot only may persons deprived of their liberty not be subjected to treatment that is contrary to article 7 [torture or other cruel, inhuman or degrading treatment or punishment], including medical or scientific experimentation, but neither may they be subjected to any hardship or constraint other than that resulting from the deprivation of liberty; respect for the dignity of such persons must be guaranteed under the same conditions as for that of free persons. Persons deprived of their liberty enjoy all the rights set forth in the [ICCPR], subject to the restrictions that are unavoidable in a closed environment.¹¹⁶

Significantly, the Human Rights Committee also stressed that the obligation to treat persons deprived of their liberty with dignity and humanity is a fundamental and universally applicable rule, not dependent on the material resources available to the state party.¹¹⁷

The United Nations Standard Minimum Rules for the Treatment of Prisoners (Standard Minimum Rules) serves as an authoritative guide for states on how to comply with their international obligations to protect the human rights of persons held in all forms of detention.¹¹⁸ Key provisions require:

• Sleeping accommodations that meet basic requirements of health and hygiene, including adequate sleep space, air, lighting, heat, and ventilation;

• Adequate bathing and shower installations;

• Proper maintenance and cleaning of all parts of a detention facility;

• Provision of toilet articles as necessary for health and cleanliness;

• Food of nutritional value adequate for health provided at normal times; drinking water available at all times;

• Access to medical and psychiatric care and psychological support services;

• Absolute prohibition against cruel, inhuman or degrading treatment or punishment;

• System for making complaints;

• Provision for regular exercise and access to natural light and fresh air;

• Provision of a library, educational programs, and access to necessary social services.¹¹⁹

The substandard conditions described above violate internationally recognized basic minimum standards for the treatment of detainees. The Malaysian government should take immediate action and provide medical care to all detainees found to be infected with scabies and other infectious diseases; take preventive measures to avoid the incidence of scabies and other infectious diseases; provide detainees with adequate opportunity to bathe; and provide detainees with edible food to meet all requirements of health and human dignity.