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KUALA LUMPUR: A medical officer must be present when caning is carried out on prisoners, the Dewan Rakyat was told.
Acknowledging concerns over access to medical care for inmates receiving corporal punishment, Datuk Seri Azalina Othman Said told the august House that a trained prison officer conducts caning.
"The Criminal Procedure Code provides that a medical officer must be present... to ensure that the inmate’s health is not seriously affected,” the Minister in the Prime Minister's Department (Law and Institutional Reform) said in a parliamentary written reply dated Tuesday (Aug 26.)
"However, there are growing concerns regarding the long-term effects of this punishment, which has the potential to cause physical and psychological harm to prisoners,” she added.
She added that the government took note of an incident reported by the Human Rights Commission (Suhakam) that an inmate at the Pokok Sena Prison died after being caned last year.
“The government also acknowledges that this incident raises serious questions regarding access to medical treatment and health monitoring following the execution of the punishment,” she said.
She said the Prime Minister's Department Legal Affairs Division (BHEUU) is reviewing the need to abolish mandatory caning.
She said this aligns with the current approach, which allows for greater judicial discretion in determining the form and severity of punishment.
She said caning has been carried out in Malaysia since the British Colonial era and was retained in various laws after Independence.
“There are 57 provisions under the Penal Code that provide for it. Of these, it is mandatory for 26 offences.
"Other Acts that provide for mandatory caning include the Dangerous Drugs Act 1952, the Immigration Act 1959/63, the Firearms (Increased Penalties) Act 1971 and the Sexual Offences Against Children Act 2017,” she said.
According to Azalina, other Commonwealth countries such as the United Kingdom, South Africa, India and Canada have taken steps to abolish caning, viewing it as a form of punishment that is cruel, inhuman and degrading.
“Nevertheless, the government acknowledges that to date, no comprehensive and thorough study has been conducted in Malaysia or in other Asean countries regarding its effectiveness... in preventing offenders from repeating the same offence or committing other criminal acts in the future,” she added.
She said a special meeting to study the abolition of the corporal sentence was held on June 23, chaired by her deputy M. Kulasegaran.
Various stakeholders including the Home Ministry, Prisons Department, Health Ministry, Office of the Chief Registrar of the Federal Court, police, Suhakam and Bar Council were present.
“Various views and suggestions were raised, including concerns about the long-term impact of whipping and the need for a comprehensive study to assess the effectiveness and justification of maintaining the mandatory aspect of the punishment.
"In line with the Madani government’s policy which is based on the principles of humanity, justice and accountability, a comprehensive study is currently being carried out to assess the effectiveness of mandatory whipping in Malaysia,” she added.
A report of the study coordinated by BHEUU through a special committee will be submitted to the Criminal Law Reform Committee, the minister and eventually, the Cabinet.
S. Kesavan (PH-Sungai Siput) had asked if the government plans to reform corporal punishment, following the reported death of an inmate.
