[COLUMNIST] Reducing Malaysian prison overcrowding through justice reform
Reuters
20/12/2024
Overcrowded prisons have undeniably exacerbated already dire living conditions within the facilities. - FREEPIK
OUR criminal justice system primarily focuses on punitive justice. When an individual is found guilty of a crime, they are subjected to penalties, typically in the form of fines, imprisonment, or both.
Malaysia’s current maximum prison capacity is set at 74,146 inmates. However, as of 11 November 2024, the prison population stands at 82,482 inmates, exceeding maximum capacity by 11.24%, according to the Malaysian Prison Department (New Straits Times, 2024). Notably, prisoners account for 94.35% of the total inmate population, while the rest are serving in community programmes.
While the issue of overcrowding has improved compared to October 2022—when prisons were reported operating at 36% above the maximum capacity, at a total of 76,336 inmates (refer to “A call to humanise our prisons”)—the total number of inmates has increased since then, despite the lower overpopulation percentage.
Malaysia’s imprisonment rate also significantly exceeds the global average, standing at 245 inmates per 100,000 people compared to the global average of 145 per 100,000 (New Straits Times, 2024).
Overcrowded prisons have undeniably exacerbated already dire living conditions within the facilities.
It is well-known that the living conditions in Malaysian prisons are substandard. Inmates endure practices that border on violations of very basic human rights, including overcrowded cells and insufficient access to clean drinking water, often forcing them to drink unclean water directly from pipes (Malaysiakini, 2021).
This environment not only jeopardise inmates’ physical and mental health but also create significant barriers to their reintegration into society, especially for those convicted of drug-related or non-violent offences.
Moreover, overcrowding adversely affects prison officers, potentially leading to the mistreatment of inmates. While abusive behaviour by officers cannot be excused, the overwhelming pressure of managing excessive number of prisoners in confined spaces can be mentally exhausting, and some may resort to violence to relieve their stress.
Such incidents are not unprecedented. In one case, 125 inmates filed a petition urging the government to investigate allegations of abuse by prison wardens (Free Malaysia Today, 2023). Alarmingly, there is little evidence to suggest that these issues are abating. The Prime Minister’s Department reported 74 custodial deaths in 2023, including a recent case involving a 49 year-old inmate who died of a blood infection shortly after being canned—an incident pointing to potential medical negligence by officers (Free Malaysia Today, 2024).
The issues of custodial deaths and abuse are significant and complex, requiring multifaceted solutions. One clear pathway toward better prison conditions is reducing the prison population. However, this suggestion may face resistance, particularly from the public.
Multiple administrations have attempted to reduce the number of prisoners, with limited success. In July 2024, the Madani government took a progressive step by decriminalising substance abuse and prioritising rehabilitation as the primary approach to combat this issue. While this policy marks progress, further refinements are needed (refer to “Decriminalising Substance Abuse: A Step Forward with Room for Refinement”).
In October 2024, and later during the tabling of Budget 2025, the government proposed integrating house arrest into the justice system. This sparked public outcry, especially considering controversies surrounding the royal pardon of former prime minister, Najib Razak.
Minister of Home Affairs, Saifuddin Nasution Ismail, clarified in November 2024 that house arrest would apply only to individuals on remand temporarily, and only for minor offences (Free Malaysia Today, 2024a).
As of 7 November 2024, approximately 28,000 inmates were awaiting trial, meaning they had not yet been convicted (The Edge, 2024). Adding to that, Loeffler and Nagin (2022) found multiple studies suggest that pretrial detention results in higher conviction rates and increased recidivism.
If all pretrial detainees were placed under house arrest, the prison population would reduce to roughly 59,419 inmates—around 72% of maximum capacity. This assumes all detainees are non-violent offenders. However, even if only half of 28,000 detainees were non-violent, the prison population would still fall to approximately 89% of maximum capacity.
House arrest, despite its controversies, could be an effective strategy for reducing new inmate numbers. At its core, house arrest confines individuals in a different setting, and if implement thoughtfully, could allow detainees to continue their employment.
However, clear limitations must be established regarding which offences qualify for house arrest. Transparency International Malaysia, publisher of Corruption Perception Index (CPI), has suggested excluding those convicted of corruption and breach of trust (Transparency International Malaysia, 2024).
In addition to house arrest, community service could serve as an alternative to punitive imprisonment for certain non-violent offences, barring those involving corruption or trust breaches.
While community service remains a form of punishment, its benefits extend beyond mere retribution. It provides inmates with opportunities to learning skills that improve their employability. Studies have shown that offenders who complete community service are less likely to reoffend, making it a valuable tool in reducing recidivism and prison population (Wermink et al., 2010; Yukhnenko et al., 2023).
Another effective method for reducing the prison population is the expanded use of community-based rehabilitation programmes that we have to support the social reintegration of prisoners. According to the Director-General of the Malaysian Prison Department, Nordin Muhamad, 19,269 individuals participated in community rehabilitation programmes in 2023, achieving a remarkable success rate of 95.77% (Malay Mail, 2024).
In addition, the recidivism rate among those who underwent community rehabilitation stands at only 0.24%, compared to 17.6% for those rehabilitated within prison facilities (Malay Mail, 2024a).
Despite their undeniable effectiveness, the efficiency and scale of these programmes remains unclear. As reported on 11 November 2024, only 4,937 inmates, or 5.65% of the total prison population were serving their sentences through community programmes (New Straits Times, 2024). Additionally, 98% of offenders placed under community service between 2008 and 2023 were juveniles or children (The Star, 2024).
For context, less than 6% of total crimes in 2021 were violent crimes, such as assault, rape, and murder. The vast majority were drug-related, property, or commercial crimes (refer to “A call to humanise our prisons”).
To effectively reduce prison overcrowding, community-based rehabilitation programmes are as crucial as house arrest initiatives. Expanding these programmes to accommodate more inmates is essential for facilitating reintegration into society and reducing recidivism.
Ideally, Malaysia could transition toward a restorative justice model, which is widely regarded as superior to punitive justice. Numerous studies, including meta-analyses, have demonstrated the successes of restorative justice in reducing recidivism, fostering offender accountability, and even providing positive psychological outcomes for victims (Nascimento et al., 2022; Fulham et al., 2023; Priyana et al., 2023).
However, the implementation of restorative justice in Malaysia faces significant challenges. As Priyana et al. (2023) stated, successful adoption requires strong community support and careful implementation. Given the public’s reaction to proposals such as the abolition of the death penalty and the introduction of house arrest, it is clear that both public sentiment and the stance of some lawmakers lean heavily toward punitive justice—a prevailing belief that “an eye for an eye” must be upheld.
In the meantime, prioritising house arrest and community-based rehabilitation programmes is the very least we can do. These measures not only reduce prison overcrowding and recidivism rates but also enhance public safety and offer inmates a genuine second chance to rebuild their lives.
