KUALA LUMPUR – The Attorney-General’s Chambers (AGC) has the authority to file an application to obtain an order from the court to take away any special privileges that may have been accorded to a prisoner, according to a senior lawyer.
M. Visvanathan said this in response to allegations that former prime minister Datuk Seri Najib Razak has been given preferential treatment by prison authorities since he began his 12-year sentence last month.
“The court can only act if there is an application by the AGC. If the AGC keeps mum about the issue, then that’s that,” he told The Vibes today.
"The AGC must look at this issue and say this is infringing prison procedures. Then it can be submitted to the court seeking the order.”
If this fails, Visvanathan, who is the chairman of the Eliminating Deaths and Abuse in Custody Together rights group said, a civil action can also be initiated as part of a case of public interest.
“Perhaps someone who has gone through prison feels Najib is being treated differently than others. He can file to court accusing Najib of being given special treatment. If anybody is willing to take up the matter, I will offer myself to be their lawyer.”
The Vibes has reached out to Attorney-General Tan Sri Idrus Harun for comment but has yet to receive a response.
Since Najib’s imprisonment, various quarters have accused the Prison Department of giving the Pekan MP special privileges.
Among other things, many have taken issue with how the former prime minister is able to move around without handcuffs, while others have also accused him of being given access to his social media accounts, going by the multiple posts he has made despite being behind bars.
A check on his Facebook found that a total of 32 posts have been uploaded on his account since his incarceration on August 23.
Allegations have also surfaced online over how Najib, who has supposedly been given the codename “Merpati” (pigeon), is being moved to Cheras Rehabilitation Hospital to allow better access to visitors and that his prison cell has been renovated.
The Prison Department had on August 24, a day after Najib’s jailing, denied rumours of the Umno man being provided VIP treatment.
'No doubt of Najib’s special treatment'
For Visvanathan, despite the denial, there is no doubt of the special privileges accorded to Najib, with his social media posts and uncuffed hands lending credence to his claim.
“In my 20 years at the Bar, I have not seen anyone come to court in a jacket and a tie. If anybody questions this, I can take them to any court in the country. You simply won’t find one.
“Also, they can argue that someone else is posting on social media on Najib’s behalf, but how was the information related to them? To send a letter from prison itself will require you to go through a long, tedious filtration and approval process.”
However, Visvanathan said the issue does not lie with Najib, but rather the prison authorities for failing to uphold the law, questioning if there are hidden hands within the government ordering the department to provide certain leeway.
Former Bar Council president Salim Bashir Bhaskaran similarly noted that the jurisdiction to ensure equal treatment of all prisoners is with the prison authorities, stressing that all inmates shall be treated as equals, regardless of one’s stature.
The only exception, he said, is when a person requires medical treatment or is a security risk, providing that they can be separated from the rest of the inmates.
“So yes, he can stay in the hospital, on grounds of health. But other than that, no other privileges can be given to him, not even to use his phone or to eat outside food.”
“It is the prison officers’ duty to ensure this is upheld,” he said.
Najib began his sentence last month after the apex court upheld his guilty verdict on all of his seven charges in the RM42 million SRC International Sdn Bhd corruption case.– The Vibes, September 21, 2022
