NO USE - For we still 'sentenced Zaidi Abd Hamid, to death' through 12 times whipping(rattan), after commuting his death sentence to imprisonment and at least 12 Whipping(Caning)
However, after the abolition of the mandatory death penalty in Malaysia, his sentence was revised on Sept 10 to 33 years in prison, along with 12 strokes of the cane.
Zaidi began experiencing severe bleeding a week after the caning, which alarmed his family, especially given his pre-existing condition of high blood pressure....Zaidi’s death certificate, also sighted by Malaysiakini, listed the cause of death as “septic sequelae to blunt force trauma to the gluteal region.”
The gluteal region, colloquially known as the buttock. In short. the whipping caused the death most likely.
Whipping(canning) in Malaysia is draconian and is certainly 'Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment'.
See a video online of allegedly the carrying out the punishment of whipping in Malaysia(uncertain of authenticity) - it is age restricted. - https://www.youtube.com/watch?v=swtLREBXJL8&rco=1
For the canning of a child with a light rattan ended with a man being sentenced to 10 years - see TEACHER(cum Caretaker), who caned child for littering, etc, UNJUSTLY sentenced to 10 years? If he had nothing to do with GISBH, would his sentence be much lower?
So, who should we charge for this caning that resulted in DEATH? Should the person who caned be charged for MURDER? Or are ALL Malaysians guilty?
Time to consider the abolition of this caning/whipping sentence which is now one of the sentences for some criminal offenses in Malaysia.
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.Malaysiakini, 17/8/2022
“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.
See also:-
MADPET SAYS NO TO PROPOSAL TO WHIP ‘MAT REMPIT’
27 Kumpulan gesa mansuh hukuman sebat
Abolish Whipping, a Cruel, Inhumane and Degrading Penal Punishment in Malaysia - 25 Groups
Sabri, Migrant Worker Wrongfully Whipped Before Appeall Heard - Statement of 45 Groups- 19/7/2022
Wrongfully jailed: 'I was among 35 inmates whipped on same day' ? Will Anwar Ibrahim led government fare better that Ismail Sabri's?
Why inhumane corporal punishment of whipping need to be abolished in Malaysia? Anwar and government has yet to reveal government's position
MADPET SAYS NO TO PROPOSAL TO WHIP ‘MAT REMPIT’
27 Kumpulan gesa mansuh hukuman sebat
Abolish Whipping, a Cruel, Inhumane and Degrading Penal Punishment in Malaysia - 25 Groups
Sabri, Migrant Worker Wrongfully Whipped Before Appeall Heard - Statement of 45 Groups- 19/7/2022
Wrongfully jailed: 'I was among 35 inmates whipped on same day' ? Will Anwar Ibrahim led government fare better that Ismail Sabri's?
Suhakam has confirmed receiving a report regarding the death of an inmate, allegedly after the administration of a caning punishment.
When contacted, Suhakam confirmed that the report over the death of a man incarcerated at Pokok Sena Prison, Kedah, had been lodged yesterday.
According to the report sighted by Malaysiakini, the family of inmate Zaidi Abd Hamid, was informed of his death at 2am on Monday (Oct 7).
Zaidi, 49, was initially sentenced to death in 2015.
However, after the abolition of the mandatory death penalty in Malaysia, his sentence was revised on Sept 10 to 33 years in prison, along with 12 strokes of the cane.
Denial of visit
The report claimed that Zaidi began experiencing severe bleeding a week after the caning, which alarmed his family, especially given his pre-existing condition of high blood pressure.
“Zaidi’s wife requested to visit him on Oct 6 but was denied. His family was very worried about Zaidi’s condition and had asked the prison authorities to send him to the hospital for proper medical treatment.
“Unfortunately, on Oct 7 at around 9am, the family received the news about Zaidi passing on the same day,” the report stated.
Zaidi’s death certificate, also sighted by Malaysiakini, listed the cause of death as “septic sequelae to blunt force trauma to the gluteal region.”
He had reportedly passed away en route to Sultanah Bahiyah Hospital in Alor Setar.
Malaysiakini was also informed that Zaidi had been receiving medication for high blood pressure and diabetes while in prison.
When contacted, Dobby Chew, CEO of the Right to Life advocacy group Hayat, called for a thorough post-mortem and investigation to determine if Zaidi’s health conditions contributed to his death.
“However, this doesn’t change the fact that having these pre-existing conditions, he should have never been confronted with caning as it would always carry further risk of harm than what is legally permitted,” he said.
Danger of caning questioned
Chew further questioned the quality of healthcare resources within the prison system, suggesting that the delay in medical treatment following the whipping might have played a role in Zaidi’s death.
“He (Zaidi) was resentenced to life imprisonment and had a chance for redemption and a life outside of prison. He and his family were denied this.
“If the government cannot assure all persons who are subjected to caning will not suffer from further complications beyond the aim of inflicting pain, then this punishment should not be part of our Penal Code,” he lamented.
Chew also pointed out that in a different case, lawyers had earlier advocated for leniency in the case of a quadriplegic drug mule, seeking to waive caning due to pre-existing health issues, but their appeal was denied.
The Criminal Procedure Code allows for the waiver only if a medical officer certifies that the individual is unfit.
“Caning continues to be a contentious issue, especially with the Federal Court decision last week that caning must be meted out consecutively.
“This opens up the danger because someone who may be at risk of further health complications may be certified as ‘fit’ for caning,” he said.
Malaysiakini has contacted Pokok Sena Prison and is awaiting a response. - Malaysiakini, 9/10/2024
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