Custodial death: Release Commissioner General’s Standing Order to understand how Taiping Prison officers think, says lawyer

A lawyer representing 99 detainees allegedly assaulted at Taiping Prison on Jan 17 has urged the Prisons Department to release its Commissioner General of Prisons Standing Order, saying it would help hold officers accountable.

T. Shashi Devan made the call after a prison officer told the Human Rights Commission of Malaysia’s (Suhakam) public inquiry that it was acceptable to use force on inmates – so long as no one died.

It was the second time an officer at the inquiry expressed such a view.

Khairol Azmeer Ibrahim, 49, a sergeant at Taiping Prison, made the statement when questioned by Suhakam’s assisting inquiry officer, Aida Suraya Haron.

On July 25, assistant prison superintendent Mohd Hairie Jumri, who has served at the facility since 2022, said: “If the inmate didn’t die, it means it is minimal force.”

“After today’s testimony, we now, more than ever, need to see the Commissioner General of Prisons Standing Order. It could help us better understand how these officers think,” said Shashi.

“The lack of empathy, the willingness to use force, and the justifications offered are mind-boggling. Several witnesses cited ‘KJP E126’ of the Standing Order, which allows the use of batons to weaken or subdue inmates – yet they cannot recall when they last read it or what else it contains.”

The Standing Order is classified under the Official Secrets Act.

Shashi said releasing it would not only improve transparency, but also strengthen accountability and checks and balances.

“I’m surprised the Prisons Department hasn’t made it public. One would expect that such rules, if shared, would reflect their seriousness in maintaining discipline,” he added.

Earlier, during questioning by Aida Suraya, Khairol Azmeer denied that officers acted aggressively, despite injuries to several inmates and the death of 62-year-old Gan Chin Eng on Jan 17.

Aida Suraya: Based on the CCTV footage showing prison officers beating inmates, do you agree they were aggressive?Khairol Azmeer: Aggressive how? Minimal or maximum force?

Aida Suraya: Beating the inmates.Khairol Azmeer: I mean, is it minimal force or maximum force?

Aida Suraya: What is minimal force to you?Khairol Azmeer: Causing injury, as long as no one dies.

This prompted inquiry panel chairman Datuk Seri Mohd Hishamudin Md Yunus to ask: So, if no one dies, that is minimal force?Khairol Azmeer: That is my understanding.

Aida Suraya: Is there a definition of minimal or maximum force in the Prisons Department’s regulations?Khairol Azmeer: I’m not sure.

Earlier, Sergeant Zaiful Mashadi Zainal Aidin – who denied involvement in the transfer of inmates from Hall B to Block E on Jan 17 – was caught contradicting his statement by Shashi’s colleague, Yoges M. Verasuntharam.

Zaiful had claimed he was on office duty and only went to Block E after collecting keys from Block C. He also said he didn’t record anything in his pocket diary.

However, CCTV footage showed him at Block E, counting inmates in a cell and speaking on the phone – appearing to give instructions to fellow sergeants.

Yoges: You said you weren’t ordered to assist with the transfer, yet you did many things that go against prison rules. I put it to you that you were ordered to assist.Mohd Azhari: Yes.

Yoges: I put it to you that you didn’t bring your pocket diary because it contained those orders.Mohd Azhari: Yes.

Zaiful and another sergeant, Mohd Azhari Edris, also admitted they did not think Gan’s condition was serious enough to warrant medical attention. Both confirmed that four sergeants were present in Block E when Gan collapsed – but none checked on him.

Suhakam’s  assisting inquiry officer, Sheril Aina Ahmad Salihin asked Zaiful: “In this video, how many prison guards are there?”Zaiful: Including me, five.

Sheril Aina: So none of you checked on Gan’s condition?Zaiful: Yes.

Mohd Hishamudin: I see two officers behind a desk. What are they doing? Why didn’t they help Gan?Zaiful: I think they were listening to the inmates talk about the incident.

Sheril Aina: But they could see Gan lying there. They didn’t help?Zaiful: Yes.

Sheril Aina: You’re saying you felt he didn’t need urgent medical attention?Zaiful: Yes.

Mohd Azhari admitted misjudging the severity of Gan’s condition, assuming he had already been treated before being moved to Block E.

Another witness, Sergeant Mohd Annuar Othman – who accompanied Gan to the hospital on Jan 17 – testified that the inmate was still alive during the “five-minute drive” from the prison to Taiping Hospital.

The inquiry continues on Monday.