Wednesday, January 22, 2025

The Malaysian Bar Calls for an End to Public Caning and Corporal Punishment

Press Release | The Malaysian Bar Calls for an End to Public Caning and Corporal Punishment  

26 Dec 2024 12:44 pm

The Malaysian Bar expresses its profound concern regarding the impending public caning of a carpenter in Terengganu tomorrow, 27 Dec 2024.1 This marks the first instance of such a punishment being carried out in public under the Syariah Criminal Offences (Takzir) (Terengganu) Enactment Amendment 2022. We reiterate our unwavering stance against all forms of corporal punishment, including caning or whipping, as they are inherently cruel, inhumane, and degrading.  Such punishments strip individuals of their dignity.

While we acknowledge the significance of upholding laws that preserve public morality and societal harmony, punishments that are carried out must align with Malaysia’s commitments to uphold the rule of law, the Federal Constitution, and human rights.

Public caning exacerbates the humiliation and anguish experienced by the punished individuals, thus reducing them to objects of public shame rather than encouraging rehabilitation or repentance.  This approach undermines the dignity of the individual and can be seen as violating Article 5 of the Federal Constitution.  Furthermore, the implementation of public caning exceeds the jurisdictional limitations of the Syariah Courts as set out in the Syariah Courts (Criminal Jurisdiction) Act 1965 [Act 355].  While Act 355 allows for whipping, it does not envisage the punishment being carried out publicly.

Malaysia aspires to be a nation respected for its adherence to human rights standards, yet allowing public caning contravenes international human rights principles, including those enshrined in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“UNCAT”).

It is noteworthy that several Muslim-majority countries have ratified or acceded to UNCAT — an example that Malaysia should follow.2

The Malaysian Bar urges the Terengganu State Government and the Federal Government to reconsider public caning practices by reviewing and amending laws that permit such punishments to ensure they are proportionate, rehabilitative, and respectful of human dignity.

Additionally, we call for the total abolishment of corporal punishment in Malaysia.  The justice system must strive to balance morality, compassion, and the rule of law.
 

Mohamad Ezri b Abdul Wahab
President
Malaysian Bar

26 December 2024


1Terengganu’s first public caning for khalwat: No cameras allowed as cops beef up security, limit viewers to 70 this Friday”, Malay Mail, 25 December 2024.

2 SUHAKAM Project to Study and Analyse The Compatibility of Malaysian Laws with The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT): Practical Briefing and Action Paper, SUHAKAM, 2022.

 

 

Press Release | Abolish Corporal Punishment Once and For All 5 Sep 2018 5:08 pm

The Malaysian Bar condemns the caning of two women by the Syariah Court in Terengganu on 3 September 2018, which was carried out in public within the court premises. 

The Malaysian Bar reiterates the position expressed in our press statement dated 29 August 2018, entitled “Halt the Caning of the Two Women in Terengganu, and Abolish Corporal Punishment”.  We stand unequivocally and unreservedly against all forms of corporal punishment, including caning or whipping, in accordance with the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“UNCAT”), and international human rights norms.  We reaffirm our stance that corporal punishment must be totally abolished as a form of punishment for all offences.

Further, the Malaysian Bar is appalled that the caning of the two women was carried out before an audience, and thus made into a public spectacle.  Caning in itself is a cruel and degrading form of punishment that strips an individual of dignity and self–respect.  This is exacerbated by the very public manner in which the caning was carried out, the harmful effects of which cannot be justified by any perceived retributory, deterrent or educational value. 

Any comparison of this type of caning with whipping under civil law is misplaced.  All kinds of corporal punishment are harsh and barbaric, and cause harmful and long–lasting physical and/or psychological effects.

Fifty–three countries around the world have instituted country–wide bans on all forms of corporal punishment.  Four of them are member states of the Organisation of Islamic Cooperation (“OIC”).  Malaysia must follow suit. 

George Varughese
President
Malaysian Bar

5 September 2018

 

No comments: