Nationwide moratorium on corporal punishment
SUARA Rakyat Malaysia (Suaram) is gravely concerned by the decision to implement corporal punishment (caning) against two women in Terengganu by the state Syariah Court.
As a country that has expressed clear interest in signing and ratifying the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Uncat), the Government of Malaysia – which includes all state governments and their associated branches, agencies and bodies – should set itself in line with the nation’s aspiration to be a torture-free nation.
The caning of the two individuals at this juncture would put Malaysia’s commitment to ratify the Uncat questionable in the eyes of all Malaysians and international audiences.
The use of corporal punishment is naturally contentious and amounts to degrading treatment, as the punishment is always meant to inflict pain and to serve as a deterrence to others through public announcement or viewing of the punishment. Under Uncat, this aspect of corporal punishment has been identified as degrading treatment, as it publicly shames subjects of corporal punishment to deter others.
Furthermore, Suaram also notes that under the Criminal Justice System, corporal punishment in this context is not permitted as a sentence against women. Section 289 (a) of the Criminal Procedure Code provides that no female shall be punished with the sentence of whipping. The discord between the two legal systems on this matter raises substantial concerns about the legality of the sentence meted out by the Syariah Court, as the provisions of a federal law on criminal matters should not be overshadowed by a state legislation.
With this in mind, Suaram calls on the Terengganu state government to reconsider its decision to implement the sentence of caning against the two women and for the Federal Government of Malaysia to implement a nationwide moratorium on the use of corporal punishment as Malaysia reviews its inter- nal policies and positions to be in line with Uncat.
SEVAN DORAISAMY Executive Director Suaram