KUALA LUMPUR: The Malaysian Bar urged 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.
Its president, Mohamad Ezri Abdul Waha,b was referring to the impending public caning of a carpenter in Terengganu tomorrow 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,” he said in a statement on Thursday (Dec 26).
He stressed that 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.
Mohamad Ezri also pointed out that this approach undermines the dignity of the individual and can be seen as violating Article 5 of the Federal Constitution.
He further stated that public caning falls outside the jurisdictional limits of the Syariah Courts as defined under the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355).
While the Act authorises whipping as a form of punishment, it does not contemplate its execution in a public setting.
"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),” he said.
He emphasised that it is significant to note that several Muslim-majority countries have ratified or acceded to the Uncat, setting an example that Malaysia should consider emulating.
"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,” he said. – Bernama
