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Alliance of 25 groups demands abolition of whipping punishment in Malaysia

An alliance of 25 groups calls for an end to the ‘inhumane, degrading, and cruel’ punishment of whipping in Malaysia, amid concerns over violations of human rights and the disproportionate targeting of undocumented migrants and refugees.

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1 year ago

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KUALA LUMPUR, MALAYSIA: An alliance of 25 international and local groups issued a strong statement today, calling on Malaysia to abolish the penal punishment of whipping or caning, which they described as an “inhumane, degrading, and cruel form of penal punishment”.

The whipping sentence, considered a violation of human rights, is applicable in more than 50 different criminal offences in Malaysia.

Whipping was first introduced by the British during the colonial era and was codified under the 1871 Penal Code Ordinance of the Straits Settlements. Despite global advancements in human rights laws, whipping is still retained as a punitive measure in Malaysia, often as a mandatory sentence.

Poor undocumented migrants and refugees, who do not have legal recognition under Malaysian law, are frequently the victims of whipping sentences.

According to Prisons Department records, between 2002 to 2008, 34,923 out of 47,914 foreigners convicted under the Immigration Act were subjected to caning or whipping.

Additionally, the Abolition Of Mandatory Death Penalty Act 2023 now mandates whipping as a punishment if imprisonment is handed down instead of the death penalty, removing the judge’s discretion to refrain from passing a whipping sentence.

The impact on victims is far from trivial. The pain, humiliation, and physical harm caused by whipping have been repeatedly testified to by those who have endured it.

New Zealander, Aaron Cohen, who received six strokes in 1982 for drug trafficking, and Sabri Umar, an Indonesian migrant worker unlawfully whipped while his appeal was pending, have both described their experiences as highly traumatic and agonizing.

Despite the fact that a medical officer must certify the health of an offender before and during whipping, critics argue that this does not mitigate the human rights violations inherent in the punishment.

These critics include Datuk Seri Wan Junaidi Tuanku Jaafar, a former Minister in the Prime Minister’s Department, who described whipping as “brutal, violent and simply inhumane.”

The call for abolition has gained support from influential local bodies, including the Malaysian Bar, SUHAKAM (Malaysian Human Rights Commission), and government backbencher Hassan Karim, who described caning punishment as “sadistic, primitive and inhumane.”

The previous Perikatan Nasional government had made commitments to abolish mandatory death and whipping sentences before the last General Elections. However, these promises are yet to be fulfilled by the current Pakatan Harapan-led unity government under Prime Minister Anwar Ibrahim.

The group made four main demands. Firstly, they called for the speedy abolition of whipping as a sentence in all Malaysian laws. Secondly, they asked for an immediate moratorium on whipping pending its abolition. They also demanded the abolition of mandatory whipping sentences and finally, called on Malaysia to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The statement comes as the Human Rights Measurement Initiative’s (HRMI) Rights Tracker 2023 gave Malaysia a low score of 4.9 out of 10 for the right to freedom from torture and ill-treatment.

As of now, Malaysia remains one of the few democracies yet to ratify the UN Convention against Torture.

The 25 signatories of the statement calling for the abolishment of the penal punishment of whipping or caning

  1. ALIRAN
  2. MADPET (Malaysians Against Death Penalty and Torture)
  3. Association of Domestic and Maquila Workers (ATRAHDOM), Guatemala Central America
  4. AACP (Australians Against Capital Punishment)
  5. Black Women for Wages for Housework, International
  6. Building and Wood Workers International (BWI) Asia Pacific Region
  7. German Coalition to Abolish the Death Penalty (GCADP)
  8. Global Women’s Strike, UK
  9. Haiti Action Committee
  10. International Women’s Rights Action Watch Asia Pacific
  11. Japan Innocence and Death Penalty Information Center
  12. Lawyers Collective, India
  13. Legal Action for Women, UK
  14. Malaysian Physicians for the Prevention of War
  15. Migrant Care, Indonesia
  16. MAP Foundation, Thailand
  17. North South Initiative
  18. Payday men’s network (UK/US)
  19. Pergerakan Tenaga Akademik Malaysia (GERAK)
  20. Redemption, Pakistan.
  21. Sabah Plantation Industry Employees Union (SPIEU)
  22. Sarawak Dayak Iban Association
  23. Union of Domestic and Maquila workers (SITRADOM), Guatemala
  24. Women of Color/Global Women’s Strike, US
  25. WH4C (Workers Hub For Change)
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Civil Society

RSF condemns Malaysian court ruling against British journalist Clare Rewcastle Brown

Malaysia’s Federal Court rejected Clare Rewcastle Brown’s appeal against a defamation ruling, leaving her liable for damages over RM 435,000. RSF condemned the decision as an effort to silence the journalist, who is known for reporting on corruption scandals.

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10 hours ago

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19 September 2024

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Malaysia’s Federal Court has dismissed British journalist Clare Rewcastle Brown’s appeal against a defamation ruling, leaving her liable to pay damages exceeding RM 435,000 (US$103,325).

The defamation suit, which RSF (Reporters Without Borders) describes as part of a broader effort to silence journalists reporting on corruption, relates to a statement in Rewcastle Brown’s 2018 book, The Sarawak Report – The Inside Story of the 1MDB Expose.

The journalist has faced legal challenges ever since, including both civil and criminal cases.

Rewcastle Brown, known for exposing Malaysia’s 1MDB financial scandal, was accused of defaming the Sultanah of Terengganu, the wife of a senior political figure.

The defamation suit stems from a misidentification error in the book, which wrongly stated that the Sultanah, rather than the Sultan’s sister, was connected to a businessman involved in the scandal.

Rewcastle Brown quickly corrected the mistake and issued an apology in 2018. Her legal team has argued that the error does not constitute defamation or criminal libel.

The Sultanah had initially sought RM 100 million in general damages, but the court ultimately awarded a much smaller sum of RM 300,000 (US$71,230) in damages, along with RM 135,000 (US$32,095) in legal costs. Additional fees are expected.

The Federal Court’s decision on 10 September 2024 closes Rewcastle Brown’s legal avenues for appeal in the civil case.

Reporters Without Borders has condemned Malaysia’s handling of the case, asserting that it is intended to intimidate other journalists from reporting on corruption.

Fiona O’Brien, UK Bureau Director of RSF, commented: “This case should never have made it to court. The accusations of defamation are nonsensical. The underlying agenda appears to be to silence Rewcastle Brown and warn other Malaysian journalists away from reporting on corruption.”

In a separate criminal case, Rewcastle Brown was sentenced in absentia to two years in prison in February 2024. She continues to appeal the criminal charges but has faced significant challenges in defending herself. The British government has not commented publicly on her case.

RSF also noted that Malaysia, once ranked 73rd in the World Press Freedom Index, has dropped to 107th in 2024, amid rising political instability and a pattern of defamation suits against journalists.

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Civil Society

Three women to contest charges over pro-Palestinian procession outside Istana

Three Singaporean women, charged under the Public Order Act for organizing a pro-Palestinian procession on 2 February, will contest their charges at trial, a court heard on 18 September. About 70 people participated in the February event, carrying watermelon-adorned umbrellas as a symbol of Palestinian resistance while delivering letters to then-Prime Minister Lee Hsien Loong.

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1 day ago

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18 September 2024

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SINGAPORE: Three Singaporean women charged in connection with a pro-Palestinian procession to the Istana will contest their charges at trial, a court heard on Wednesday (18 September).

The defendants are Annamalai Kokila Parvathi, 35, an activist with the Transformative Justice Collective (TJC); Siti Amirah Mohamed Asrori, 29, a social media influencer; and Mossamad Sobikun Nahar, 25, a community worker.

They were charged in June under the Public Order Act for organizing an unpermitted procession on 2 February.

During the court hearing on Wednesday, the trio, through their lawyer, indicated their intention to contest the charges and claim trial.

Siti Amirah and Mossamad are accused of organizing the procession that occurred between 2pm and 3pm along the perimeter of the Istana, a restricted area.

Kokila is charged with abetting the conspiracy by collaborating with Siti, Mossamad, Alysha Mohamed Rahmat Shah, Anystasha Mohamed Rahmat Shah, and other unnamed individuals to organize the event.

According to a previous police statement, around 70 people gathered outside a mall on Orchard Road at about 2pm on 2 February before marching towards the Istana.

They carried umbrellas painted with watermelon images, symbolizing support for Palestinians amidst the ongoing Israel- Palestinian conflict.

The watermelon, reflecting the colors of the Palestinian flag, has become a symbol of solidarity.

Social media posts indicate that participants of the Letters for Palestine event walked from Plaza Singapura to the Istana to deliver letters addressed to then-Prime Minister Lee Hsien Loong.

The cases have been adjourned to October for pre-trial conferences.

If convicted under the Public Order Act, the women face a potential penalty of up to six months’ imprisonment, a fine of up to S$10,000, or both.

The police have reiterated their call for the public to avoid actions that could disrupt peace, public order, and social harmony in Singapore.

They advised that while strong feelings about the Israel-Hamas conflict are understandable, lawful means of expression, such as participating in organized forums, dialogues, and donation drives, are preferable to illegal protests.

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