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Caning is torture and racist in origin: M Ravi

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On 22 August, a constitutional challenge against judicial caning was heard in Singapore’s highest court, the Court of Appeal.

It was filed by human rights lawyer M. Ravi on behalf of his client, Yong Vui Kong.

Yong was sentenced to death in 2009 for drug trafficking, but this was commuted to life imprisonment and 15 strokes of the cane in 2013.

While Mr Ravi is acting on behalf of his client, the constitutional challenge itself questions the legality of judicial caning as a practice and policy in Singapore.


Overview of argument

In court, Mr Ravi argued that judicial caning was unconstitutional for three main reasons. Namely, that one, it is a form of torture or inhuman punishment that contravenes Article 9(1) of the Constitution, which says no
one should be deprived of life or liberty except in accordance with the law.

He also argued that the practice of caning contravenes Article 9 of the Constitution for its arbitrariness, as its stated legislative objective of criminal deterrence has not only never been proved or substantiated by the Government, but has, in fact, been conclusively disproved.

Thirdly, Mr Ravi argues that the scheme contravenes Article 12 of the Constitution because it represents a form of discrimination against men between ages 16-50. Caning is disallowed to be carried out on anyone outside of this age range. Women are not allowed to be caned.

Mr Ravi also said that besides the prohibitions in Singapore’s Constitution, Singapore also had to adhere to international obligations it has committed itself to.

The Court of Appeal had previously held that “as far as possible, domestic law, including the Singapore Constitution, should be interpreted in line with Singapore’s international legal obligations.”


UN Convention on the Rights of Persons with Disabilities

Singapore is, for example, a signatory to the UN Convention on the Rights of Persons with Disabilities.
Article 15(1) of the Convention provides:

“No one shall be subjected to torture or to cruel inhuman or degrading treatment or punishment.”

Mr Ravi said that Singapore has full control over which treaties it signs and it retains the power to reject individual articles a la carte. In fact, Singapore has made reservations to three of the Articles within the Convention but no reservations or declarations were made regarding Article 15(1).

It is thus clear that Singapore’s legal obligations include a prohibition on torture and inhuman punishment.

It would be appropriate to interpret the Constitution consistently with these expressly ratified international obligations, Mr Ravi said.

Therefore, torture is in conflict with not only international obligations but also the Constitution, the supreme law of the land.


Judicial caning amounts to torture or inhuman punishment

Mr Ravi argued that the Geneva Convention Act, which is a Singaporean statute, provides that corporal punishment generally is a form of torture or inhuman punishment:

“Collective punishment for individual acts, corporal punishment, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden”.

Mr Ravi also argued that the court should have reference to the authoritative definition of torture in the UN Convention on Torture and Other Cruel, Unusual or Inhuman Punishment, even though Singapore is not a signatory to this Convention.

This Convention defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person…”.

To the claim by the Attorney General’s Chambers in court that Singapore’s Constitution “does not forbid torture”, Mr Ravi cited the UN Special Rapporteur who had clarified that it is wrong to deem “acts which would be unquestionably unlawful in, say, the context of custodial interrogation—can be deemed lawful simply because the punishment has been authorized in a procedurally legitimate manner, i.e. through the sanction of legislation, administrative rules or judicial order.”

The Rapporteur added: “To accept this view would be to accept that any physical punishment, no matter how torturous and cruel, can be considered lawful, as long as the punishment had been duly promulgated under the domestic law of a State. Punishment is, after all, one of the prohibited purposes of torture.”

Thus, Mr Ravi argued, caning as implemented in Singapore satisfies all the above definitions of torture.

It is therefore prohibited by Article 9(1) of the Constitution.


Judicial caning does not serve a rational purpose, contrary to Article 9(1)

Mr Ravi also argued that judicial caning violates Article 9(1) in that it does not serve a rational purpose.

The stated legislative objective of judicial caning is that of criminal deterrence.

In a Second Reading of the Punishment of Vandalism Bill in August 1966, then Prime Minister Lee Kuan Yew argued:

“A fine will not deter the type of criminal we are facing here… but if he knows he is going to get three of the best, I think he will lose a great deal of enthusiasm, because there is little glory attached to the rather humiliating experience of having to be caned.”

However, Mr Ravi argued that bare assertions that caning is an effective deterrent punishment with no studies or research to back them up fall significantly short of proving a necessity to infringe upon a person’s constitutional right to liberty.

Ravi said that academic consensus has conclusively proved, contrary to what the government claimed, that judicial caning has little to no effect on deterrence.

No information is available about the impact of caning on criminal deterrence in Singapore, but the concept has been disproved all across the globe, he said. This was a point which the Constitutional Court in South Africa reiterated in a 1995 judgment.

 “No clear evidence has been advanced that juvenile whipping is a more effective deterrent than other available forms of punishment.”

The “overwhelming weight of evidence”, Mr Ravi said, showed that the stated objective of caning in Singapore is arbitrary.

The Government has provided little more than bare assertions which have no evidential foundation, Mr Ravi said.


Original Legislative Object of Caning was Racist

Mr Ravi also asked the court to consider the original objective of the law , which he said was based on British racism towards the Chinese at the time.

In the Legislative debates on the introduction of caning in 1872, the British government had referred to Chinese rioters as the “riff-raff and scum of China.”

Today, almost 150 years later, should the original attitudes which informed decisions on the basis of whipping men should still hold sway?

Ravi submitted that the answer is a resounding “no”.

The Court of Appeal has reserved judgement and will give its decision at a later date.


The details of how judicial caning is carried out in Singapore are shrouded in mystery. However, one website gives some insights to how the punishment is carried out.

The Corpun website says:

“The prisoner is stripped naked and shackled by strong leather straps to a trestle or A-frame. In Singapore and Brunei he is held down in a bent-over position with his buttocks protruding. In Malaysia he stands upright at the A-frame to which he is tied.
“He is then punished by a well-built warder wielding a four-foot long length of flexible rattan which has been soaked in water.”

Below is a video purportedly of a judicial caning carried out in Malaysia. (Graphic images, viewer discretion is advised)

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Chee Soon Juan questions Shanmugam’s $88 million property sale amid silence from Mainstream Media

Dr Chee Soon Juan of the SDP raised concerns about the S$88 million sale of Mr K Shanmugam’s Good Class Bungalow at Astrid Hill, questioning transparency and the lack of mainstream media coverage. He called for clarity on the buyer, valuation, and potential conflicts of interest.

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On Sunday (22 Sep), Dr Chee Soon Juan, Secretary General of the Singapore Democratic Party (SDP), issued a public statement on Facebook, expressing concerns regarding the sale of Minister for Home Affairs and Law, Mr K Shanmugam’s Good Class Bungalow (GCB) at Astrid Hill.

Dr Chee questioned the transparency of the S$88 million transaction and the absence of mainstream media coverage despite widespread discussion online.

According to multiple reports cited by Dr Chee, Mr Shanmugam’s property was transferred in August 2023 to UBS Trustees (Singapore) Pte Ltd, which holds the property in trust under the Jasmine Villa Settlement.

Dr Chee’s statement focused on two primary concerns: the lack of response from Mr Shanmugam regarding the transaction and the silence of major media outlets, including Singapore Press Holdings and Mediacorp.

He argued that, given the ongoing public discourse and the relevance of property prices in Singapore, the sale of a high-value asset by a public official warranted further scrutiny.

In his Facebook post, Dr Chee posed several questions directed at Mr Shanmugam and the government:

  1. Who purchased the property, and is the buyer a Singaporean citizen?
  2. Who owns Jasmine Villa Settlement?
  3. Were former Prime Minister Lee Hsien Loong and current Prime Minister Lawrence Wong informed of the transaction, and what were their responses?
  4. How was it ensured that the funds were not linked to money laundering?
  5. How was the property’s valuation determined, and by whom?

The Astrid Hill property, originally purchased by Mr Shanmugam in 2003 for S$7.95 million, saw a significant increase in value, aligning with the high-end status of District 10, where it is located. The 3,170.7 square-meter property was sold for S$88 million in August 2023.

Dr Chee highlighted that, despite Mr Shanmugam’s detailed responses regarding the Ridout Road property, no such transparency had been offered in relation to the Astrid Hill sale.

He argued that the lack of mainstream media coverage was particularly concerning, as public interest in the sale is high. Dr Chee emphasized that property prices and housing affordability are critical issues in Singapore, and transparency from public officials is essential to maintain trust.

Dr Chee emphasized that the Ministerial Code of Conduct unambiguously states: “A Minister must scrupulously avoid any actual or apparent conflict of interest between his office and his private financial interests.”

He concluded his statement by reiterating the need for Mr Shanmugam to address the questions raised, as the matter involves not only the Minister himself but also the integrity of the government and its responsibility to the public.

The supposed sale of Mr Shamugam’s Astrid Hill property took place just a month after Mr Shanmugam spoke in Parliament over his rental of a state-owned bungalow at Ridout Road via a ministerial statement addressing potential conflicts of interest.

At that time, Mr Shanmugam explained that his decision to sell his home was due to concerns about over-investment in a single asset, noting that his financial planning prompted him to sell the property and move into rental accommodation.

The Ridout Road saga last year centred on concerns about Mr Shanmugam’s rental of a sprawling black-and-white colonial bungalow, occupying a massive plot of land, managed by the Singapore Land Authority (SLA), which he oversees in his capacity as Minister for Law. Minister for Foreign Affairs, Dr Vivian Balakrishnan, also rented a similarly expansive property nearby.

Mr Shanmugam is said to have recused himself from the decision-making process, and a subsequent investigation by the Corrupt Practices Investigation Bureau (CPIB) found no wrongdoing while Senior Minister Teo Chee Hean confirmed in Parliament that Mr Shanmugam had removed himself from any decisions involving the property.

As of now, Mr Shanmugam has not commented publicly on the sale of his Astrid Hill property.

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Redditors question support for PAP over perceived arrogance and authoritarian attitude

Despite Senior Minister Lee Hsien Loong’s warning that slimmer electoral margins would limit the government’s political space “to do the right things”, many Redditors questioned their support for the ruling PAP, criticising its perceived arrogance. They argued that SM Lee’s remarks show the party has ‘lost its ways’ and acts as if it alone can determine what is right. Others noted that the PAP’s supermajority allows for the passage of unfavourable policies without adequate scrutiny.

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In a recent speech, Senior Minister Lee Hsien Loong warned that “if electoral margins get slimmer, the government will have less political space to do the right things.”

Mr Lee, who served as Prime Minister for 20 years, highlighted the risks associated with increasingly competitive politics.

“It will become harder to disregard short-term considerations in decision-making. The political dynamics will become very different,” he stated during his speech at the Annual Public Service Leadership Ceremony 2024 on 17 September.

“Singaporeans must understand the dangers this creates, and so must the public service,” SM Lee stressed.

SM Lee pointed out that Singapore faces formidable internal and external challenges in the years ahead, with rising expectations and demands from citizens.

As growth becomes harder to achieve and politics becomes more fiercely contested, he warned, “Things can go wrong for Singapore too.”

He urged vigilance in preparing for an uncertain future, noting, “As the world changes, and as the generations change, we must do our best to renew our system – to ensure that it continues to work well for us, even as things change.”

Critique of PAP’s Arrogance and Disconnect from Singaporeans

The People’s Action Party (PAP) experienced a notable decline in its vote share during the 2020 General Election, securing 61.24% of the votes and winning 83 out of 93 seats, a drop from 69.9% in 2015.

A significant loss was in Sengkang GRC, where the PAP team, led by former Minister Ng Chee Meng, was defeated by the Workers’ Party (WP).

In discussions on Reddit, some users questioned why they should support the ruling PAP, criticising the party’s perceived arrogance.

They pointed out that SM Lee’s recent remarks illustrate that the party has strayed from effectively serving Singaporeans and seems to believe it has the sole authority to decide what is right.

Others highlighted that the PAP’s super-majority in Parliament enables the passage of unfavourable policies without sufficient scrutiny.

One comment acknowledged that while many older Singaporeans remain loyal to the PAP due to its past achievements, younger generations feel the party has failed to deliver similar results.

There is significant frustration that essentials like housing and the cost of living have become less affordable compared to previous generations.

The comment emphasised the importance of the 2011 election results, which they believe compelled the PAP to reassess its policies, especially concerning foreign labor and job security.

He suggested that to retain voter support, the PAP must continue to ensure a good material standard of living.

“Then, I ask you, vote PAP for what? They deserve to lose a supermajority. Or else why would they continue to deliver the same promises they delivered to our parents? What else would get a bunch of clueless bureaucrats to recognise their problems?”

Emphasising Government Accountability to the Public

Another Redditor argued that it is the government’s responsibility to be accountable to the people.

He further challenged SM Lee’s assertion about having less political space to do the right things, questioning his authority to define what is “right” for Singapore.

The comment criticised initiatives like the Founder’s Memorial and the NS Square, suggesting they may serve to boost the egos of a few rather than benefit the broader population. The Redditor also questioned the justification for GST hikes amid rising living costs.

“Policies should always be enacted to the benefit of the people, and it should always be the people who decide what is the best course of action for our country. No one should decide that other than us.”

The comment called for an end to narratives that present the PAP as the only party capable of rescuing Singapore from crises, stating that the country has moved past the existential challenges of its founding era and that innovative ideas can come from beyond a single political party.

Another comment echoed this sentiment, noting that by stating this, SM Lee seemingly expects Singaporeans to accept the PAP’s assumption that they—and by extension, the government and public service—will generally do the “right things.”

“What is conveniently overlooked is that the point of having elections is to have us examine for ourselves if we accept that very premise, and vote accordingly.”

A comment further argued that simply losing a supermajority does not equate to a lack of political space for the government to make the right decisions.

The Redditor express frustration with SM Lee’s rhetoric, suggesting that he is manipulating public perception to justify arbitrary changes to the constitution.

Concerns Over PAP’s Supermajority in Parliament

Another comment pointed out that the PAP’s supermajority in Parliament enables the passage of questionable and controversial policies, bypassing robust debate and discussion.

The comment highlighted the contentious constitutional amendments made in late 2016, which reserved the elected presidency for candidates from a specific racial group if no president from that group had served in the previous five terms.

A comment highlighted the contrast: in the past, the PAP enjoyed a wide electoral margin because citizens believed they governed effectively. Now, the PAP claims that without a substantial electoral margin, they cannot govern well.

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