Statement: House Arrest - Expanding Rehabilitative Justice

HAYAT welcomes the introduction of legislation to further enable and expand the possibility of house arrest and other alternatives to imprisonment.

Despite the warnings by civil society organisations and other stakeholders, Malaysia has persisted in pursuing highly punitive criminal justice policies that only serve to exacerbate prison overcrowding and alienate the possibility of rehabilitation and reintegration. The expansion of house arrest and other alternatives would give credence to the MADANI government’s pursuit of greater rehabilitative and restorative justice.

In a media statement, the Prison Department of Malaysia indicated that it has a capacity for 74,146 prisoners but currently houses 87,419. While the overcrowding of prison is severe enough as reported by the prison department, the reality on the ground is far worse than what has been described. Last year, Malaysia’s prison capacity was reported to be 65,762 prisoners and overcrowded by 6,675 prisoners. There is no feasible way for the prison department to rapidly scale up its capacity without compromising other elements of its services or duties.

Any effective reintegration and rehabilitation needs to build on community participation. Having a strong community or stakeholder participation in this policy is critical both in providing communal support and work opportunities. House arrest would grant current prisoners the opportunity to better themselves in a controlled environment without the alienation of being in prolonged incarceration. Coupled with suitable work opportunities, this alternative could be effective in keeping people out of the prison system and allowing them to contribute and reintegrate into society.

For this to be possible, the government must commit to broader consultation with stakeholders including civil society organisations to develop a cohesive strategy and policy around house arrest that would be accepted by society at large. Failing to engage with the community at large through consultation would likely create and reinforce speculations around the motivation for introducing house arrest policies at this juncture.

HAYAT looks forward to further deliberation of the matter by the government and calls for a public consultation to be held at the soonest.