Friday, July 28, 2023

How do parties choose their candidates for elections? President decides? Membership decides? No RM10 Million BONDs please?

How do political parties CHOOSE candidates who will representing the party in Elections. 

Responding to the protests, Anwar said that he has the final say on the candidate list."Never mind, people do make mistakes. Listen, listen. The position of the party is what is said by the president.

Anwar's response raises questions  - Anwar said that he has the final say on the candidate list. He did not say that the party leadership has the final say. He did not say that the Party leadership together with State and relevant Division leadership decides.

Does it not sound a bit FEUDALISTIC? Is that also same in UMNO and the other BN-PH parties?

Who should have a say in the CANDIDATES standing for elections?

- The people in the area

- The party members in the Branch, Division of the constituency contested

- The State leadership, and the National Leadership(not just the President or the principal office Bearers)

## It is best that persons wanting to contest submit the candidature way in advance, and it should be publicized. This gives an opportunity of people, especially the party membership in the area, to be able to submit comments or even reasons why a particular candidate ought not be chosen - not all past wrongdoings may be known to people or the leadership. This vetting process helps to placement of the best, cleanest and most competent candidate to be forwarded. This will be a better democratic process...rather than President choosing.

### Why don't candidates also be required to the people and get maybe about 1,000 sign petitions from the people stating they support so and so standing for elections. This maybe not an indication that they must vote, as their decision on voting ultimately relies on the other candidates nominated after nomination day.

Another bad trend is that parties seem to name candidates at the 11th hour, sometimes dropping incumbents or other potentially better candidates.   

- If named earlier, then it gives other hopefuls choice > to appeal the final decision, or even decide to contest themselves as maybe an independent candidate. After all, the 'disappointment' can also arise because membership of the area were not consulted or part of the decision making process.

The 10 Million Ringgit bond agreements  

Why is there such a BOND more so after the anti-party hopping law is in place? Now, if a MP who stood as a party candidate leaves the party, he loses his seat by law, and then there will be a by-elections to choose a NEW MP. Likewise, an Independent MP that joins a political party, then this will result in a by-elections. So, is there any necessity to sign a BOND anymore?

Did not PH-led Selangor enact the anti-hopping law for the State Legislative Assembly? If not, WHY?

The wordings of such BOND must be transparent - Hopefully, it does not include 'must OBEY Anwar or the President'. 

Clauses like 'Must not speak against the Selangor State government or party decisions' should not be there as they are going to be elected as peoples' representatives not party representative. So, they should represent the people and be free to speak for the people even it is something that opposes what the President or the party says or do.

Some ADUNs will not be part of the State Cabinet or State Exco, and so their role will be as 'government backbenchers', and as such they must be free to challenge or criticize or express their OWN views on things the State Executive says or does. Likewise, they should be free to VOTE as they deem fit - not always having to listen to the Party's orders on how to Vote. This is the 'check and balance' role that non-State Cabinet members have to play in the State Legislative Assemblies.

Does the BOND say that they have to simply obey what the Party or the party President says - HENCE, no freedom of expression or freedom of opinion, and no freedom to vote according to what they feel is the best interest of the people they represent.

HENCE, disclose the BOND that PKR made its candidates sign.

BOND AMOUNT - RM10 Million is absurd. In Malaysia, the maximum amount of monies that a candidate for MP is allowed to spend is RM250,000. Is PKR now admitting that they spend RM10 million - hence, breaking our election law?

An MP's income (plus allowances) is about RM40,000. So, is the BOND trying to recover what the MP earned before the MP(in this case ADUN) leaves the party? If yes, should it be the amount earned until he/she leaves? But then, it is NOT the party that pays MP/ADUNs - BUT the State or the peoples' monies.

Should such BONDs be made illegal?  After all, will such bonds simply 'enslave' a MP or ADUN to the party - and that certainly must be seen as UNDEMOCRATIC.

EXAMPLE - At the point of election, I may fully support the party and its various stance. But, then, mid-stream there may be changes in position - which I cannot accept - so bad, that I may be forced to leave the party. Example, I supported because the party's position was Local Council Elections, Abolition of Sedition Act- Detention Without Trial Laws - and other bad laws > then the party or the President or the National leadership changes its position to keep those BAD LAWS and even use them. This may be a fundamental issue - and, in the worse case scenario, I may choose to object openly and vote as it is right(according to me) >>> worse worse case is to leave the party - to protect MY REPUTATION and Credibility. 

Does the BOND contain the fundamental position of the party - or is it simply I allow you to stand and you will pay RM10 million if you leave. 

What do you think of an EMPLOYMENT AGREEMENT that says if you leave, you pay RM10 million??

I believe Candidates who had to sign BONDs with their party MAY NOT MAKE the best choices. They are now 'slaves of the party' - and as such may not be the BEST peoples' representative...

Parties must evaluate and choose the best candidates smartly based on trust- no BOND needed. If there is a BOND - it means that the party itself does not trust their OWN candidate - hence requiring them to sign a maybe RM10 million BOND?



 

Disappointing, says Kota Anggerik voter who interrupted Anwar for naming Najwan to recontest seat

Shanker Sundaram says PKR should have sent a clear message that it does not tolerate racism.

Staff Writers
2 minute read

Kota Anggerik resident Shanker Sundaram at the event in Shah Alam, where he interrupted Prime Minister Anwar Ibrahim for naming incumbent Najwan Halimi as the constituency's PKR candidate. Photo: Facebook
Kota Anggerik resident Shanker Sundaram at the event in Shah Alam, where he interrupted Prime Minister Anwar Ibrahim for naming incumbent Najwan Halimi as the constituency's PKR candidate. Photo: Facebook

A voter in the Selangor state constituency of Kota Anggerik who interrupted Prime Minister Anwar Ibrahim while announcing PKR candidates for the coming state polls has expressed disappointment with his dismissal of protests against Najwan Halimi over a recent racist remark the latter made about the Indian community.

Shanker Sundaram and his brother protested when Anwar announced Najwan was being fielded for Kota Anggerik, a state seat in Shah Alam.

Responding to the protests, Anwar said that he has the final say on the candidate list.

"Never mind, people do make mistakes. Listen, listen. The position of the party is what is said by the president. We are here to serve the Malays, the Chinese, the Indians, the Dayak and the Kadazans," he said tersely, as he continued to read other candidate names.

Shanker said the prime minister's response raised "concerns about his ability to address racism within his party and among the candidates".

"Anwar merely brushed off Najwan's derogatory remarks as a 'mistake', insisting on his absolute discretion in candidate selection. I condemn the failure on Anwar's part to uphold his commitment to supporting the Indian community," Shanker wrote hours after the event last night.

On July 13, Najwan, responding to a news report on the socialist party PSM that was shared in a PKR WhatsApp group chat, commented "Parti India Estet".

A screenshot of the chat soon went viral, drawing condemnation for its racial overtones.

Najwan, who is the deputy chief of Shah Alam PKR Youth, later apologised, saying he had been ignorant about PSM.

Shanker said Najwan's comments should never be tolerated by the PKR leadership.

- Advertisement -

"As a resident of Kota Anggerik who has voted for many terms, I firmly believe that we must take a stand against any form of discrimination or insult towards any community.

"It is crucial to send a clear message that we will not condone such disrespectful behaviour from anyone, especially from those seeking public office," he added - Malaysia Now, 26/7/2023

 

'Hidden hands' behind candidates' selection: Ramasamy

GEORGE TOWN: Caretaker Deputy Chief Minister II Dr P. Ramasamy has alleged "hidden hands" behind the selection of candidates for the party to be fielded in the upcoming state election.

The three-term lawmaker said it was obvious that all those who were in support of caretaker Chief Minister Chow Kon Yeow were slashed from the candidates' list as announced by party secretary-general Anthony Loke yesterday.

He said the reason given by the top party leadership to axe several of the incumbents was unacceptable.

"For me, and state executive council members Phee Boon Poh and Chong Eng, I can accept that we are dropped. But why axe the other performing excos like Yeoh Soon Hin and Soon Lip Chee, as well as Bagan Dalam assemblyman M. Satees? You say it is about rejuvenation. These are young people who are performing.

"Is it because they are supportive of Chow, that they are slashed? How else do you explain the candidates' selection? It is obvious that the selection is based on the nature of politics in Penang DAP. By that, I mean, the selection is made due to political alignment.

"Those seen to be close to Chow are axed while candidates behind the 'hidden hands' are all fielded. I raised this when I met Loke yesterday. I told him why can't the party be more transparent and not come out with excuses," he told the New Straits Times.

Ramasamy said, if indeed it was for the purpose of rejuvenation, then why were there those who had served as long as him not axed.

"The party needs to come out with clear guidelines and rules so as to be seen as being transparent," he added.

Penang DAP has joined in the state PKR's major shake-up with seven new faces to be fielded in the upcoming state election.

Five DAP state executive council members were dropped. They included Ramasamy, DAP Wanita chief Chong Eng, Phee Boon, Yeooh and Soon.

Also dropped were former Bagan Dalam assemblyman Satees and former Pulau Tikus assemblyman Chris Lee Chun Kit. Lee cited health reasons.

Chow will be defending his Padang Kota seat while DAP national chairman Lim Guan Eng, his Air Putih seat.

DAP will contest in 19 of the 40 state seats in the upcoming state election, similar to the 14th general election (GE14).- NST, 26/7/2023

Zuraida to pay RM10 million to PKR [Updated]

KUALA LUMPUR: Former PKR vice-president Datuk Zuraida Kamaruddin was ordered to pay RM10 million to PKR for breaching a bond binding her to the party.

High Court Judge Datuk Akhtar Tahir, in his judgment, said the bond was valid and Zuraida's allegation in this suit was an afterthought.

"The defendant herself had acknowledged that the plaintiff had spent an amount exceeding RM10 million on her candidacy during the election.

"This is a clear admission on the part of the defendant that she cannot retract.

"The bond was aimed to deter the party's candidates from acting against the interest of the party before or after an election," he said.

He said evidence during the trial showed that Zuraida signed the bond with full knowledge of the contents.

The former Ampang member of Parliament was also ordered to pay RM50,000 in cost to PKR.

Earlier, Zuraida in her defence claimed that she was forced to sign the bond with the party to become its candidate in the 14th General Election (GE14) in 2018.

Zuraida said she received the document from the party's leadership a day before nomination day and did not have ample time to read the entire content.

"I was told that I need to put my signature on the documents to allow me to contest under PKR. I do not have the opportunity to read the content of the document I signed.

"I have been forced to sign certain documents against my will, without being given genuine choice," she said.

She alleged that the party unilaterally prepared the document, and all candidates who contested under it were compelled to sign without any other options.

The suit was filed by PKR secretary-general Datuk Seri Saifuddin Nasution Ismail on behalf of the party via Messrs William Leong & Co on Sept 28.

Saifuddin, when testifying as a witness in the suit, said the defendant signed a party bond without any force or pressure.

He said Zuraida did not raise any objection when she was asked to do so as a requirement for candidates to contest under the party's ticket.

In the statement of claim, Saifuddin said Zuraida had executed a bond that bound her to pay the party the sum in accordance with the terms and conditions set under the bond.

The terms include, among others, that Zuraida agrees to pay the party a sum of RM10 million not later than seven days upon winning the election on the PKR ticket and then resigning from the party or joining any other political party or becoming an independent elected representative.

Saifuddin claimed that on Feb 24, Zuraida had announced her resignation from the party through a statement with 10 other PKR Members of Parliament (MPs) without stepping down from her elected post of Ampang MP.

He said the defendant, together with Parti Pribumi Bersatu Malaysia (Bersatu) and then opposition parties, namely Barisan Nasional (BN), Parti Islam Se-Malaysia (Pas), Gabungan Parti Sarawak (GRS) and others formed a new bloc known as "Perikatan Nasional" (PN).

This, he claimed, had caused the fall of the Pakatan Harapan federal government and when PN took over, Zuraida was appointed as a minister in the PN federal government.

On the same day, the PKR central leadership council approved a resolution to terminate Zuraida's membership from the party with immediate effect, with Saifuddin as the party's secretary-general issuing a certificate dated July 24, confirming the termination.

PKR claimed that it had, through its legal representatives, issued a letter of demand dated Aug 7 requiring Zuraida to pay the sum of RM10 million in accordance with the terms of the bond.

Saifuddin claimed that the defendant had failed, refused and neglected to pay the sum which the party was entitled to claim.

He said the defendant has enjoyed the benefits of being elected as the party's candidate and winning the Ampang parliamentary seat and it was therefore unjust for her to retain the benefits without paying compensation for such marks and support she received.- NST, 23/6/2023

 

PKR state polls candidates must sign bond, says Rafizi

Applications to be a PKR candidate for the elections in six states open today.

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PKR deputy president Rafizi Ramli said those interested in running for election in the six states have until 5pm on July 10 to submit their papers online.



PETALING JAYA: PKR’s candidates for the forthcoming elections in six states will be required to sign a party bond before being fielded, says PKR deputy president Rafizi Ramli.

He said those interested in running for elections on the party ticket in the six states could submit their papers online until 5pm on July 10.

“Applicants must be PKR members, aged 18 and above. They must be confirmed by the insolvency department as being not bankrupt.

“They must not have a criminal record, must be ready to declare their assets and must sign a party bond as a PKR elected representative.

“PKR has already started a democratic, transparent and objective process of selecting candidates,” he said in a statement. 

Rafizi said the party’s various wings, divisions and branches could also nominate candidates, and these would be considered by PKR’s central election committee.

“The screening process will be performed by a candidate selection committee chaired by me as the election director. It will comprise all seven PKR vice-presidents.

“As enshrined in the party’s constitution, the power to select candidates is left to the PKR president.

“So, the committee will filter and shortlist the three best candidates (for each seat) for the president to make the final decision.”

Last month, the Kuala Lumpur High Court ordered former PKR vice-president Zuraida Kamaruddin to pay RM10 million in damages for breaching a party bond she had signed six years ago.

Justice Akhtar Tahir said under the terms of the bond, Zuraida had promised to pay RM10 million in any of three events, including if PKR terminated her membership or if she resigned.

PKR, through its secretary-general Saifuddin Nasution Ismail, had filed a suit in 2020 against Zuraida, claiming she had breached the contractual bond by joining Bersatu following the Sheraton Move in late February 2020.

Abolish Whipping, a Cruel, Inhumane and Degrading Penal Punishment in Malaysia - 25 Groups

 

Media Statement – 28/7/2023

Abolish Whipping, a Cruel, Inhumane and Degrading Penal Punishment in Malaysia

We, the undersigned 27 groups call on Malaysia to abolish the sentence of whipping or caning, which is an inhumane, degrading and cruel form of penal punishment. Whipping, is a corporal punishment, that is a violation of human rights. In Malaysia, it exists as sentences for more than 50 different criminal offences, and many times as a mandatory sentence, in Malaysia.

In Malaysia, whipping is penal statutes, was first introduced by the British in the 19th century, first codified under the 1871 Penal Code Ordinance of the Straits Settlements, and is still retained in many laws and is a sentence for more than 50 offences.

Criminal Justice Act 1953 Section 4 stated, ‘No person shall be sentenced by a court to whipping with a cat-o'-nine tails; and every law conferring power on a court to pass a sentence of whipping with a cat-o'-nine tails, or whipping, shall be construed as conferring power to pass a sentence of whipping with a rattan.’.

Using a rattan does not diminish the fact that it is still cruel and inhumane. Penal whipping is so much worse that the caning normally imposed by Islamic law in Malaysia. Poor undocumented foreigners and/or migrant workers are the biggest victims of whipping in Malaysia.

Many countries have already abolished whipping as a punishment from their statutes, such as India and the United Kingdom, pursuant to the Indian Abolition of Whipping Act 1955 and the Criminal Justice Act 1948, respectively. On April 2020, it was reported that Saudi Arabia also have abolished flogging as a form of punishment.

Whipping – a mandatory sentence in laws

Immigration Act 1959/63 was amended and as of August 2002, and the sentence of whipping was introduced for undocumented migrants, who if convicted shall be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to whipping of not more than six strokes. To date, Malaysian law still does not recognize asylum seekers or refugees, and as such they are considered illegal or undocumented foreigners/migrants and are at risk of being whipped.

“According to Prisons Department records, 47,914 foreigners were found to have violated the Immigration Act from 2002 to 2008. Of these, 34,923 were caned or whipped. The trend continues, and undocumented migrants in Malaysia may likely make up the majority of those being whipped.

Abolition Of Mandatory Death Penalty Act 2023 now provides for an alternative to death penalty, being a 30-40 years sentence of imprisonment, ‘and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes.’ This means that if one is not sentenced to death, but to imprisonment then judges have no choice but to sentence to be whipped at least 12 times. The Parliament removed the judge’s discretion not to sentence whipping by making the sentence mandatory.

Whipping – Experience of Victims

In all cases, the whipping is inflicted on the buttock of the offender by specially trained officers using a ‘rattan used for whipping shall be not more than half an inch in diameter.’

‘Whipping is clearly intended to be a humiliating experience as it will produce huge red welts and permanent scars. It is also said to have caused impotence. The cane marks are permanent and these will be a source of humiliation to the prisoner for the rest of their lives.

New Zealander, Aaron Cohen who received six strokes in 1982 for drug-trafficking recalled his ordeal: -

“I got six. It’s just incredible pain. More like a burning - like someone sticking an iron on your bum. That’s the sort of feeling. Pain - just ultimate pain. The strokes come at a rate of one a minute - but it seemed like a lifetime to me. I waited and waited for the first one and as soon as I let my breath out - “baam”. Afterwards my bum looked like a side of beef. There was three lines of raw skin with blood oozing out.” ..’ - Extract from preamble of the 2007 Malaysian Bar Resolution For The Abolition Of Corporal Punishment Of Whipping.

Sabri Umar, the wrongly convicted documented Indonesian migrant worker, who was a legal migrant worker had this to say about his experience of being unlawfully whipped.

‘… Sabri Umar said all the inmates were asked to strip with only a piece of cloth to cover their private parts. “We took turns to step onto a wooden frame and our legs were spread apart but not bound. Our hands were spread upward and tied to the frame we were standing on. “They untied us after the caning and told us to put on our shirts back while we waited in a group and watched others being caned,” described the 31-year-old, his voice quavered as if he was reliving the horror again.

“Many of them screamed and cried, but those who were stronger didn’t cry. I remember one person receiving 10 strokes that day. “After being caned, I immediately felt drained of all my energy. The cane tore the skin on my buttocks and I started to bleed after a few minutes. “I could not sit for the next 10 days and I slept facing down to avoid making my wounds worse,” Sabri recalled. (Malaysiakini, 17/8/2022). Sabri Umar was unlawfully whipped as his appeal was pending, and the law specifically prohibits whipping until appeals are over.

Whipping is dangerous and can cause permanent harm

Without a doubt, whipping is excruciatingly painful which would result in extensive soft tissue injury and possibly other injury, possibly even permanent.

The law acknowledges the health risk that comes with whipping, and as such requires the presence of a Medical Officer.

Section 2 of the Criminal Procedure Code, “(1) The punishment of whipping shall not be inflicted unless a Medical Officer is present and certifies that the offender is in a fit state of health to undergo such punishment. (2) If, during the execution of a sentence of whipping, a Medical Officer certifies that the offender is not in a fit state of health to undergo the remainder of the sentence the whipping shall be finally stopped…”. No sentence of whipping shall be executed by instalments, and that means once stopped, it cannot be later resumed on another day.

The then Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar “Personally, I view whipping as very brutal and violent and simply inhumane… most offenders suffer open wounds with many fainting after three strokes.”

By law, whipping cannot be affected in the same way on youthful offenders (who above the age of eighteen and below the age of twenty-one). For youthful offenders, whipping shall be inflicted in the way of school discipline with a light rattan. Women, males sentenced to death and generally males whom the Court considers to be more than fifty years of age cannot be punished with whipping. (Sec. 289, CPC.

Abolition Call by SUHAKAM, Malaysian Bar, previous PN government, …

Noting also that the immediate past Perikatan Nasional government, before the last General Elections, had said on 6/9/2022 via the Minister in charge of Parliament and Law that ‘Malaysia will abolish the mandatory death and whipping sentences by next year, with amendments to the laws to be tabled in Parliament next month. (Malay Mail). On 10th October, Parliament was dissolved making way for the General Elections.

We ask that the current Pakatan Harapan-led unity government of Prime Minister Anwar Ibrahim, if committed to human rights, will speedily abolish whipping and corporal punishment in Malaysia, which is internationally acknowledged form of torture.

The Malaysian Bar, SUHAKAM(Malaysian Human Rights Commission) and many others have called for the abolition of whipping. On 23/8/2022, ‘Suhakam urged the government to prohibit corporal punishment by abolishing all domestic laws warranting the imposition of corporal punishment such as whipping and caning, which are all inconsistent with international human rights principles.’ . On 3/4/2023, government backbencher, Hassan Karim also called  the abolition of the “sadistic, primitive and inhumane” caning punishment.

The Human Rights Measurement Initiative’s (HRMI) Rights Tracker 2023, measured…Malaysia having the lowest score for the right to freedom from torture and ill-treatment, at 4.9 out of 10.  Malaysia remains one the rare democracies that has not yet ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. (Malay Mail, 23/6/2023)

Therefore, we

a)      Call on Malaysia to speedily abolish whipping as a sentence in all laws;

b)      Call for an imposition of an immediate moratorium on whipping pending abolition;

c)       Call for the abolition of the mandatory sentence of whipping, that removes judge’s discretion to not sentence a person to be whipped, as is also found in Abolition of Mandatory Death Penalty Act 2023, where if sentence is not death, the judge ‘…shall also be liable to whipping of not more than six strokes…’ and

d)      Call on Malaysia to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Charles Hector

Fpr and on behalf the following 27 organisations

ALIRAN

MADPET (Malaysians Against Death Penalty and Torture)

Association of Domestic and Maquila Workers (ATRAHDOM), Guatemala Central America

AACP (Australians Against Capital Punishment)

Black Women for Wages for Housework, International

Building and Wood Workers International (BWI) Asia Pacific Region

German Coalition to Abolish the Death Penalty (GCADP)

Global Women’s Strike, UK

Haiti Action Committee

International Women's Rights Action Watch Asia Pacific

Japan Innocence and Death Penalty Information Center

Lawyers Collective, India

Legal Action for Women, UK

Malaysian Physicians for the Prevention of War

Migrant Care, Indonesia

MAP Foundation, Thailand

North South Initiative

Payday men’s network (UK/US)

Pergerakan Tenaga Akademik Malaysia (GERAK)

Redemption, Pakistan.

Sabah Plantation Industry Employees Union (SPIEU)

Sarawak Dayak Iban Association

Union of Domestic and Maquila workers (SITRADOM), Guatemala

Women of Color/Global Women’s Strike, US

WH4C (Workers Hub For Change)

Persatuan Sahabat Wanita Selangor,Malaysia

JALA PRT (National Network. For Domestic Workers Advocacy) Indonesia

 

.

 


 



Wrongfully jailed: 'I was among 35 inmates whipped on same day'
S Vinothaa
Published:  Aug 17, 2022 8:45 AM

The Indonesian migrant worker who was wrongfully imprisoned and whipped said he was among 35 other Tawau Prison inmates who were whipped on the same day, one after another.

Recalling his harrowing experience waiting for his turn to be whipped, Sabri Umar said all the inmates were asked to strip with only a piece of cloth to cover their private parts.

“We took turns to step onto a wooden frame and our legs were spread apart but not bound. Our hands were spread upward and tied to the frame we were standing on.

“They untied us after the caning and told us to put on our shirts back while we waited in a group and watched others being caned,” described the 31-year-old, his voice quavered as if he was reliving the horror again.

Sabri said it was a terrifying moment being gathered in the same area and witnessing others before him being caned.

“Many of them screamed and cried, but those who were stronger didn’t cry. I remember one person receiving 10 strokes that day.

“After being caned, I immediately felt drained of all my energy. The cane tore the skin on my buttocks and I started to bleed after a few minutes.

“I could not sit for the next 10 days and I slept facing down to avoid making my wounds worse,” Sabri recalled.

Sabri’s woes

Over a period of just four months since April, the former employee of a plywood factory in Kalabakan in Tawau, Sabah, was wrongfully terminated of his employment, arrested and wrongfully detained by the Tawau police.

Sabri was investigated under Section 14(a) of the Sexual Offences Against Children Act 2017 but eventually charged and sentenced under Section 6(1) (c) of the Immigration Act 1959/63.

He claimed to be innocent of both charges, but the Sessions Court sentenced him to 11 months in jail and five strokes of the cane.

Four months after his arrest, Sabri was acquitted by the High Court in Tawau, but he lived in constant fear of a re-arrest under the sexual offence and of finding himself behind bars as swiftly as he was put there the first time.

Owing to the swift manner by which he was imprisoned and sentenced, Sabri agreed that there was a high possibility that there were other wrongfully imprisoned inmates in the Tawau Prison.

Sabri, who now has the support of the Indonesian Consulate in Tawau, was administered five strokes of the cane despite a pending notice of appeal and he told Malaysiakini that he would seek justice.

For two days after the whipping, Sabri was running a fever and he only took the yellow medicine handed to each inmate after the caning.

He alleged that they received no other medications and some inmates who also had fever were asked to just take a cold shower.

After his acquittal, he went to see a doctor and get himself checked as he was experiencing pain when urinating.

The consul at the Indonesia Consulate in Tawau, Heni Hamidah, told Malaysiakini that they sent Sabri for a second medical test on Monday to find out the extent of the complications resulting from the whipping.

‘Ratify UN Convention against torture’

Criminal lawyer Michelle Rossana Usman from Kota Kinabalu, who was engaged to represent the migrant worker by the Sabah Timber Industry Employees Union of which Sabri is a member, noted Malaysia’s notoriety for its flogging practices.

Quoting a statistic by Amnesty International, Michelle said the international human rights organisation estimates that as many as 10,000 people are subjected to caning in Malaysia every year, most of whom are foreign nationals.

"Sabri was unfortunately whipped for an offence that he could not have been guilty of as he had proper documentation to enter Malaysia as a migrant worker.

"It is high time Malaysia ratifies the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

"The government also needs to ratify the International Covenant on Civil and Political Rights," she stressed.

Michelle, who is a member of the Sabah Human Rights Centre, pointed out that Sabri's case was an example of a workers' union member who was wrongfully charged with crimes he was not guilty of.

"What about the thousand others who are charged in our courts but are not represented at all?" she asked.

Michelle urged the government to amend existing legislation to treat immigration violations as administrative offences, rather than crimes punishable with imprisonment and caning.

Tawau Prison

Judicial caning in Malaysia and Saudi Arabia

Judicial caning in Malaysia is meted out for more than 60 criminal offences such as drug trafficking, rape, illegal entry into Malaysia under the Immigration Act 1959/63 and making false passports under the passport Act 1966.

According to the Amnesty International Report 2020/21, the judicial caning sentence was also meted out to Rohingya refugees during the pandemic.

Following protests from local activists, the sentence was set aside for the 27 Rohingya refugees at a hearing in the High Court in Alor Setar in 2020. However, the migrants continued to be caned, in addition to their prison sentences for illegal entry into Malaysia.

The 27 refugees, who were among 40 refugees convicted by a Magistrate’s Court in Langkawi for entering Malaysia without a valid permit, had obtained legal representation to appeal.

The 40 were also sentenced to seven months in jail.

The High Court in Alor Setar decided that caning would be inhumane as the men were refugees with no prior history of criminal activity or violence.

Meanwhile, a country that was known to carry out flogging in public squares, Saudi Arabia, abolished that corporal punishment in April 2020.

Crown Prince Mohammed Salman has spared the rod and offenders will instead be fined or receive jail sentences. - Malaysiakini, 17/8/2022

Survey: In Malaysia, refugees, immigrants, Indians seen as more vulnerable to torture and ill-treatment

Survey: In Malaysia, refugees, immigrants, Indians seen as more vulnerable to torture and ill-treatment
In HRMI’s survey of local human rights experts asked on who were especially vulnerable to torture and ill-treatment by government agents in 2022, they mentioned that ‘torture tends to occur in detention facilities, and there is lack of police accountability when deaths occur in custody’. — Picture by Firdaus Latif

KUALA LUMPUR, June 23 — Refugees, immigrants and those of particular races or ethnicities were identified by local human rights experts to be more at risk of being subject to torture or ill-treatment in Malaysia in 2022, the latest edition of an international human rights tracker released yesterday said.

In the Human Rights Measurement Initiative’s (HRMI) Rights Tracker 2023, it measured the Malaysian government’s respect for five rights under the Safety from the State category, with Malaysia having the lowest score for the right to freedom from torture and ill-treatment, at 4.9 out of 10.

As a whole, Malaysia scored 7.0 out of 10 on its government’s respect for the rights of Safety from the State, better than the two other South-east Asian countries which had an overall score for these rights — Thailand (5.4) and Vietnam (4.9).

But Michaelle Phoenix Yeo, HRMI’s East and South-east Asia Lead, said a significant number of people in Malaysia “are not safe from various violations including torture and ill-treatment, and arbitrary arrest”.

“Malaysia scored particularly low on the right to freedom torture and ill-treatment. It is one of the rare democracies that has not yet ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” Yeo said in a statement.

Malaysia’s Safety from the State rights score in Human Rights Measurement Initiative’s (HRMI) Rights Tracker 2023. — Graphic courtesy of HRMI
Malaysia’s Safety from the State rights score in Human Rights Measurement Initiative’s (HRMI) Rights Tracker 2023. — Graphic courtesy of HRMI

Who are the groups viewed to be more at risk?

In HRMI’s survey of local human rights experts asked on who were especially vulnerable to torture and ill-treatment by government agents in 2022, they mentioned that “torture tends to occur in detention facilities, and there is lack of police accountability when deaths occur in custody”.

“Refugees, mainly those of Indian and Indigenous descent are the biggest demographic affected,” HRMI said of one of the points stated by the respondents.

According to HRMI, the survey respondents also said those who support the Opposition — particularly PKR or DAP — are subject to ill-treatment, and that LGBTQIA+ people are “at risk of torture, such as public caning”. PKR and DAP were formerly the federal Opposition, but are now part of the ruling coalition since the general elections last November.

Based on the survey, 54 per cent of local human rights experts identified migrants/immigrants and refugees/asylum seekers as two groups being at risk of torture and ill-treatment, while others at risk include detainees or those accused of crimes (38 per cent), LGBTQIA+ people (38 per cent), people of particular races (38 per cent), those with particular ethnicities (23 per cent) and those with particular political affiliations or beliefs (23 per cent).

In the same HRMI survey, the experts said those especially vulnerable to arbitrary or political arrest and detention by government agents in 2022 include “anyone who speaks publicly against the government or demands their rights”, and “Rohingya people and indigenous people, mainly Orang Asli”.

The experts also mentioned artists (especially those who produce works that are satirical of the government or related to LGBTQIA+ issues) and those engaged in peaceful protests or demonstrations (especially those related to women’s rights or LGBTQIA+ rights).

Those identified by the local experts as being at risk of arbitrary arrest include people with particular political affiliations or beliefs (identified by 69 per cent of experts), those who protest or engage in non-violent political activity (62 per cent), human rights advocates (46 per cent), migrants/immigrants (38 per cent), those of particular ethnicities (38 per cent), refugees/ asylum seekers (38 per cent), labour union members or workers’ rights advocates (31 per cent), people of particular races (31 per cent), and people without a legal identity (31 per cent).

When asked in the survey to give context on who was especially vulnerable to forced disappearance or disappearance by government agents, the HRMI survey respondents said there was a lack of transparency about the “whereabouts of missing people, particularly Christian people, migrants, refugees, and LGBTQIA+ people”.

The respondents also said “Malaysian Muslim people are reportedly sent away to government-funded religious camps”, and also mentioned “pastors of religions that the government does not agree with, and their families” as vulnerable groups.

The full data from HRMI’s Rights Tracker 2023 can be found at https://rightstracker.org/  - Malay Mail, 23/6/2023.

Suhakam lauds govt for labelling caning as excessive, says time to end corporal punishment

Suhakam lauds govt for labelling caning as excessive, says time to end corporal punishment
Suhakam urged the government to prohibit corporal punishment by abolishing all domestic laws warranting the imposition of corporal punishment such as whipping and caning, which are all inconsistent with international human rights principles. — Picture by Yusof Mat Isa

KUALA LUMPUR, Aug 23 — The Human Rights Commission (Suhakam) today expressed support for Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar's stance on considering caning as excessive punishment.

Suhakam urged the government to prohibit corporal punishment by abolishing all domestic laws warranting the imposition of corporal punishment such as whipping and caning, which are all inconsistent with international human rights principles.

"Suhakam calls on the government, as duty bearer to ensure the prohibition of torture and to expeditiously institute measures nationwide, including a comprehensive Plan of Action for Torture Prevention be developed, taking into account three interrelated elements including a legal framework that prohibits torture, effective implementation of the legal framework and mechanisms to monitor the legal framework and its implementation,” it said in a statement today.

The human rights commission also reiterated its strong commitment towards fight against torture and continued advocacy for the accession to the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and its Optional Protocol.

It also mentioned that it will always support the prohibition against torture as is enshrined in both Article 5 of the Federal Constitution and Article 3 of the 1948 Universal Declaration of Human Rights (UDHR).

Yesterday, the government through the Legal Affairs Division and the Attorney General's Chambers (AGC) said that it is studying alternative punishments to replace caning which is seen as cruel and inhumane.

Wan Junaidi is of the view that lashing up to 15 times is considered excessive as it takes only three lashes to 'destroy the flesh' of a person even though many may disagree with that view. - Malay Mail, 23/8/2022

Report: Malaysia to end mandatory death and whipping sentences by 2023, says law minister

Report: Malaysia to end mandatory death and whipping sentences by 2023, says law minister
Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar speaks to the media during a press conference in Putrajaya June 13, 2022. — Picture by Shafwan Zaidon

Kuala Lumpur, Sept 6 — Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar said that Malaysia will abolish the mandatory death and whipping sentences by next year, with amendments to the laws to be tabled in Parliament next month.

Wan Junaidi told English daily The Star that judges will be given the discretion to hand down the two sentences instead if the amendments are passed.

“If everything goes well and there are no disruptions to the coming Budget session, we will no longer have the mandatory death sentence in 2023,” said Datuk Seri Wan Junaidi.

“This will also apply to whipping as it will be left to the discretion of the judges,” he added.

Wan Junaidi said he intended to table the proposed amendments during the Parliament meeting that begins on October 3.

“The amendments on the mandatory death sentences will cover amendments to 33 sections under the law and involve mandatory death sentences for 11 offences,” he added.

It is understood that the 11 offences comprise nine under the Penal Code and two under the Firearms (Increased Penalties) Act.

On whipping, Wan Junaidi said the proposed amendments would not do away with the punishment, but again give judges the discretion on whether to impose it.

Personally, I view whipping as very brutal and violent and simply inhumane.

“This is why I am suggesting that judges have the discretion to impose the punishment,” he said, adding that most offenders suffer open wounds with many fainting after three strokes.

With discretion given, judges can weigh the gravity of the harm committed by offenders on their victims before imposing the punishment, he added.

Wan Junaidi added that he would meet the Attorney General’s Chambers (AGC) soon to discuss the matter before seeking Cabinet approval to table the amendments.

When asked about those who are currently on death row, he said that the government was still mulling its options.

According to The Star, there are still 1,342 convicts facing the gallows as of June 2022.

The abolition of the mandatory death sentence was first raised by the Pakatan Harapan administration in 2018 and a moratorium on execution was then implemented. - Malay Mail, 6/9/2022

Do away with ‘sadistic, inhumane’ caning, PH MP tells govt

Pasir Gudang MP Hassan Karim says convicts would rather spend more time in jail than endure ‘pain and injuries’ they suffer from being caned.


The call to abolish caning as a punishment comes in the wake of the government’s move to end the mandatory death penalty. (Facebook pic)

KUALA LUMPUR: Putrajaya must do away with the caning of convicts, a government backbencher told the Dewan Rakyat.

Hassan Karim (PH-Pasir Gudang) said that such a punishment was “sadistic, primitive and inhumane”.

He said that in his experience as a lawyer, he knew of prisoners who would rather spend another year in prison than be caned because of the “excruciating pain and injuries” they will suffer.

“Not only do we need to remove the mandatory death penalty, but we also need to abolish caning as a punishment by civil courts,” he told the Dewan Rakyat when debating the bill to abolish the mandatory death penalty.

In response, deputy law and institutional reform minister Ramkarpal Singh said that the proposal would be taken into consideration.

“We will study this (caning) matter thoroughly in the near future,” he said when winding up the debate.

The Dewan Rakyat then passed the bill through a voice vote.

Caning is meted out on offenders convicted of rape, sexual harassment, robbery and kidnapping.

In the past Amnesty International Malaysia described caning as a form of torture, saying such punishments went against the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) which Malaysia had yet to ratify.- FMT, 3/4/2023

Press Release: Abolish whipping for any offence  

24 Aug 2009 4:16 pm

The Malaysian Bar is heartened to note that the authorities have apparently decided not to proceed with the sentence of whipping in Kartika Sari Dewi Shukarno’s case.

As recently as at its 61st Annual General Meeting held on 17 March 2007, the Malaysian Bar resolved to denounce and reject whipping as a punishment for any offence as it is anachronistic and inconsistent with a compassionate society. Our position echoes international human rights norms that condemn whipping and other forms of corporal punishment as cruel, inhuman or degrading and call for its abolition.  Moreover, there is empirical evidence to support the fact that whipping has failed as a retributory and deterrent sentence.

In Kartika’s specific case, there are additional compelling reasons to overturn the sentence, as there is serious doubt over the legality and propriety of the Kuantan Syariah High Court’s imposition of a supplementary sentence of imprisonment simply for the punishment of whipping to be carried out.

Under Malaysian civil law, the whipping of women is prohibited.  The whipping of men in certain categories of age and health is also prohibited.  The Government has committed itself to prevent the whipping of children under the Convention on the Rights of the Child.  These are positive first steps in the journey towards a total prohibition against whipping as a form of punishment for all persons, regardless of age or gender, and whether under civil or Syariah law.

We call on the authorities to overturn the sentence of whipping handed down in Kartika’s case and the cases of those who were arrested with her.  We strongly urge the Government to reject whipping as a form of sentencing for any offence, and to abolish it altogether.


Ragunath Kesavan
President
Malaysian Bar

24 August 2009 - Malaysian Bar Website