A/HRC/42/47/Add.8
factories and plantations with its own water supply for employees and neighbours, or those
who live in remote villages that rely on rainwater as their main source of water.
Comment from the Government of Malaysia:
The percentage is 80.5 % in 2016 and not 88%.
Prisoners and Detainees
13.
Paragraph 54
13.
The Special Rapporteur spoke to three refugee men who were detained and also was
put in prison. Their stories indicate poor and almost inhumane conditions of access to water
and toilets in those settings. The Special Rapporteur visited several blocks in Kajang Prison
and observed varying levels of privacy for toilet usage. In most blocks, particularly those
used for rehabilitation, the toilet inside each cell was located next to a low wall separating
other parts of the cell. However, there were also blocks where that wall did not exist and
prisoners were left without any privacy when urinating or defecating.
Comments from the Government of Malaysia:
All blocks in Kajang Prison are provided with toilets in each cell with low walls.
The structures of these toilets are such to ensure the safety and security of the
inmates. A fully enclosed toilet can cause untoward incidents. Nevertheless, inmates
are allowed to use screens while they are using the toilet. Only the Quarantine Block
has no walls demarcating the toilet. However, these blocks are not used to holds
prisoners permanently, inmates stay there the most from 3 to 7 days. The inmates are
allowed to use screens while they are using the toilet.
The Malaysian Prison Department ensures the dignity and privacy of the
inmates at all time without compromising on the safety and security of inmates and
the prison as a whole.
14.
Paragraph 55
14.
The Special Rapporteur highlights that prisoners and detainees must be provided
with sufficient and safe water for their daily individual requirements, taking note of the
requirements of international humanitarian law and the United Nations Standard Minimum
Rules for the Treatment of Prisoners (CESCR General Comment no. 15, para 16(g)). The
Standard Minimum Rules for the Treatment of Prisoners also known as Mandela Rules
stipulates that drinking water shall be available and that prisoners shall be required to keep
their persons clean, and to this end they shall be provided with water and with such toilet
articles as are necessary for health and cleanliness.
Comments from the Government of Malaysia:
Water is provided to the inmates in the prison, with tap water installed in every
cell. Water supply in prison is from the same source as provided to the public. No
water rationing is practiced. Interruption of supply happens if there is an interruption
from the source. However to overcome this issue, prison has storage tanks in all the
blocks. Although tap water is safe for consumption, the Prison Department provides
boiled water from the kitchen and water boilers in some of the blocks.
The Prison Department works closely with independent bodies such as
SUHAKAM (Human Rights Commission), ICRC (International Committee of Red
Cross), Visiting Justice and other government agencies such as Ministry of Health,
Public Utility Board among others, to improve service quality and to provide a better
and humane environment for the inmates.
7
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