Najib’s house arrest: Not a get-out-of-jail free card — Hafiz Hassan

On September 19, house arrest was explained as not being a get-out-of-jail free card. The writer, Hafiz Hassan, noted that Najib Razak is still a prisoner even while serving his sentence under house arrest. House arrest is not legally recognized in Malaysia, but it can be enforced under existing provisions of the Prison Act 1995 (Act 537).

Section 2 of the Act defines "prison" broadly to include any house, building, enclosure or place declared as a prison under Section 3. The Home Minister can declare any such place or part thereof to be a prison for the purposes of the Act. Section 12 allows the Commissioner General of Prison to issue orders, known as Commissioner General’s Standing Orders, which govern the prisoner's status, discipline and adherence to prison laws and regulations during the house arrest period.

Section 26(1) states that a prisoner is subject to prison discipline and all relevant laws while in lawful custody, regardless of whether they are within prison premises. Section 43 permits the Commissioner General to release a prisoner on licence with conditions, and Section 67 allows the Home Minister to publish necessary regulations for prison management, which can encompass house arrest conditions.

The writer emphasized that despite these concerns, Najib's house arrest sentence remains within the rule of law, not a special exemption.