Existing Law Prohibits Govt From Releasing Petty Offence Inmates Hamzah

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The government did not propose to release inmates who are jailed for non-serious offences prior to the Covid-19 pandemic.
This is because, Home Minister Hamzah Zainuddin (photo, above) explained in a parliamentary reply, the existing law prohibits the government from releasing inmates prior to them completing their sentences.
"In principle, the government has no proposal to reduce the jail sentence of the prisoners during the pandemic. Without the provision of law and regulation, a prisoner cannot be released arbitrarily," he said.
The inmates, however, were not denied their right in receiving a release by parole order, release on licence (ROL) as well as a release by pardon upon the approval of state Pardons Board, even during the pandemic, Hamzah said.
As for other inmates, he said the current practice remains, where these group of people would only be released upon completing their jail sentences.
As of Nov 3, there were 65,139 inmates serving their sentence in 39 prisons and that has exceeded the capacity limit of 46,420 by 18,719 inmates or 40.33 percent, he said, citing statistics provided by the Prison Department.


Kepong MP Lim Lip Eng

Discussions were held by the Home Ministry and Prison Department with other agencies from time to time to strengthen the management and welfare of the inmates, he said.
Hamzah was responding to Lim Lip Eng (Harapan-Kepong) who asked why the government was yet to announce its plan to release prisoners who were serving non-serious offences in prisons prior to Covid-19.
The custodial institutions have been the epicentre of the outbreak of the highly infectious coronavirus. At least 18 prisons, five immigration detention centres and four police lock-ups have recorded Covid-19 positive cases.
It was reported on Oct 6 that the Prison Department planned to release 11,018 minor offenders sentenced to less than a year of imprisonment, with less than three months left to serve.
Last month, Lawyers for Liberty (LFL) urged the government to grant inmates jailed for minor offences to be granted release on licence as a move to address the rising Covid cases in the prisons.
The Human Rights Commission (Suhakam) has also urged the government to consider releasing those remanded for petty and non-violent crimes and drug addiction in order to reduce the risk of further Covid-19 outbreaks in overcrowded prisons. - Mkini

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