Article: The Buzz Around House Arrest

‘House arrest’ has been THE topic for many having a chat in warungs, kopitiams and other watering holes around the country. The average Malaysian has already jumped on the speculation train that this new bill and the discussion around ‘house arrest’ intends to benefit one man. I don’t have to name him because I’m fairly certain he has named himself in the recent past; he ought to have been under house arrest as opposed to prison.

In principle, I am supportive of the expansion of house arrest and other forms of restrictions outside of the prison system. We know how the prison has been overwhelmed with overpopulation over the past few decades. There are only two ways to deal with this problem and that is to ensure fewer people are sent to prison and people who left will not be returning there, ever.

Before I go any further on this policy or potential legislation, let me clarify the “other form of restrictions”. This could include restrictions against a person from travelling outside of permitted areas such as their workplace and home as opposed to being locked up in detention, and in Malaysia, this would likely come with Electronic Monitoring Devices (EMD).

Tackling Prison Overpopulation

Malaysia has an extremely punitive criminal justice system. We have an obsession with corporal punishment and imprisonment. Stories of disproportionate punishment and imprisonment of the poor are not unheard of. We have had legal migrants who were illegally whipped, we have seen single mothers imprisoned for stealing milk powder and we all know how a single mother surviving off a small-time drug trade has been sentenced to death.

The vindictiveness of the criminal justice system has resulted in an ever-growing prison population. While having a broader ambit for house arrest would resolve some of these challenges, it will not put an end to it as it is nothing more than a stopgap for the Prison Department.

While imprisonment fosters a sense of safety for the broader society, rampant and unrestrained use of imprisonment does not solve the root cause of crime and has a tendency to come back and haunt us. Some have described the prison as the University for Crimes, and those who enter tend to come out further emboldened by their experience and the knowledge accrued while they are incarcerated. While there is some truth to this, we must not forget the impact of imprisonment and how it forces some further into a life of crime. 

When we brand the person as a convict or prisoner, that is a title that carries with him for the rest of his life. The notoriety that comes with it eliminates any chance for them to reintegrate back into society without explicit and overt discrimination. When we keep an offender out of prison, the point is not to ignore the crime committed, but it is to give them a better platform to learn from their mistake, reform themselves and make amends with the victim or society. For this to be effective, it should not apply to everyone, nor should it exclude anyone on principle. To put it simply, it needs to prioritise those who are seeking forgiveness and a chance to better themselves. 

Considering how few alternatives we have in our criminal justice system, I do think it is a good idea to give this alternative to prison a chance and explore the best way to implement them in Malaysia.

Won’t Najib Razak benefit from this?

I had some time to think about Najib's release, and I wondered: What would people have said about house arrest if it had been Anwar Ibrahim?

He was imprisoned in 1999 or 2015. He was not particularly young and he suffered from chronic health issues. If there was an option for house arrest, I’d reckon most activists and politicians would have demanded for him to be moved out of prison into house arrest. It is the right thing to do considering his age and health complications.

Any policy on house arrest needs to be well studied and developed based on practical experience from the Prison Department and NGOs providing shelters and halfway homes. I do not think anyone in government is crazy enough to develop this around Najib alone, but this does not mean Najib will not benefit from it.

Should it be different because it is Najib and not Anwar?