The time has come for Malaysia to be humane and end whipping and other forms of corporal punishments.
Home Minister Hishammuddin Hussein had told Parliament on June 17 that 34,923 migrants have been caned since 2002 and 2008 in a written reply to a question by Bukit Bendera DAP parliamentarian Liew Chin Tong.
It was also stated in the reply that out of the 34,923 migrants who were caned 60.2 percent were Indonesians, 14.1 percent Filipinos and 13.9 percent Burmese. - Malaysiakini, 3/7/2009, Amnesty In't: Stop caning immigrants
Last month, Amnesty International published a report drawing attention to the fact that judicial caning in Malaysia has reached epidemic proportions. Since 2002, when the Immigration Act was amended to include corporal punishment, nearly 48,000 prisoners have been whipped in Malaysia.
It is a shocking reminder of the cruel, inhuman and degrading way we treat prisoners, particularly refugees and illegal migrants.
Caning or whipping is a horrendous form of punishment. Maximum force, with the cane travelling at speeds of up to 160kph, is applied. The whiplash of the cane (usually a piece of rattan about 1.09m long and 1.25cm thick that is soaked in water) literally takes the skin off the buttocks and then pounds the flesh into pulp. Skin disintegrates. Blood flows copiously.
The pain is so severe that victims often lose consciousness. And when they do, they are quickly revived by doctors so that punishment can continue.
How doctors can participate in this kind of abuse is beyond understanding.
Whipping leaves deep scars that take months to heal. It also leaves deep emotional and psychological wounds that mark the victims for the rest of their lives.
In 2007, a six-minute video of a drug trafficker being caned in Malaysia found its way onto the Internet. Those who think that caning is an acceptable form of punishment should take the trouble to view it.I personally found it too disturbing to watch. It brought back memories of my late father’s treatment at the hands of the Kempeitai – the military police of the Imperial Japanese Army during the war years. My father was whipped so badly that he carried the scars on his back and buttocks to his grave some fifty years later.
That such horrific abuse is still being visited upon people today is mind-boggling.
And all this despite the fact that there is no evidence that caning is an effective deterrence. It simply panders to our baser instincts to inflict pain upon those who transgress.
Furthermore, such forms of corporal punishment are clearly against the 1948 Universal Declaration of Human Rights which states that, “No one shall be subject to torture or to cruel, inhuman and degrading treatment or punishment”.
Malaysia has always been an ardent supporter of the UN and proudly sits on its Human Rights Council, yet we violate one of its most cherished principles. We lose the moral authority to speak on human rights issues when we ourselves don’t cherish and uphold them.
Some years ago, Malaysians joined the global outrage over the treatment of prisoners at Abu Ghraib.
America was rightly condemned for behaving in such a cruel and callous manner. What does it now say of us when we are silent about something far worse that is taking place in our prisons on an almost daily basis?What is even more egregious is that we visit such horrific punishment upon hapless refugees and illegal migrants as well.
Refugees from Myanmar, for example, flee in fear and desperation from well documented abuse, torture and death in their own land only to be further abused in Malaysia.
According to Amnesty International, more than 6,000 refugees are caned, up to 24 times each, every year!This is morally reprehensible and a great blight upon our nation’s honour.
Of course, we are not the only ones to permit judicial caning. It is widely practised in Singapore and Brunei as well, courtesy of our common British colonial heritage. Caning is now increasingly considered a cheaper alternative to jailing offenders. Illegal migrants are whipped and then deported.
Not surprisingly, many countries seem to ignore this appalling abuse of their own citizens in Malaysia, Singapore and Brunei. If Australian, British or American citizens were similarly treated, there would be an international uproar, which explains why such punishment is rarely inflicted on them.
Our poorer Asian neighbours, on the other hand, remain silent largely because they fear antagonising us and jeopardising an important source of foreign income in the remittances that these migrant workers send home each month. For countries like the Philippines, Bangladesh and Nepal, for example, such remittances make a significant contribution to their economy.
Perhaps it is also because Asian governments tend to place a lower premium on human dignity.
Whatever the reason, shame on them for staying silent while their citizens are so harshly treated abroad.Of course, Myanmar’s military rulers are not going to lose any sleep over the treatment of Karen, Kachin or Rohingya people abroad, but surely we become complicit in the injustice wreaked upon these people if they end up being abused and punished in Malaysia as well.
When asked about the leaked caning video in 2007, the Deputy Home Minister at the time said it was “no big deal”.
But it is a big deal when our nation inflicts such horrendous suffering upon prisoners, upon migrant workers and upon refugees. It tarnishes our image and invites international scorn.
And it is a big deal because we are better than that.
It’s time we end this barbaric form of punishment. Certainly, we should immediately stop the caning of refugees and illegal migrants.
Datuk Dennis Ignatius is a 36-year veteran of the Malaysian foreign service. He served in London, Beijing and Washington and was ambassador to Chile and Argentina. He retired as High Commissioner to Canada in July 2008. - Star, 20/1/2011, Cruel, inhuman and degrading punishment
Malaysia: Torture practiced systematically in widespread caning
How every caning case amounts to torture
© AI
Tens of thousands of refugees and migrants have been caned since 2002
© Amnesty International
6 December 2010
The Malaysian government must immediately end the practice of judicial caning, which subjects thousands of people each year to systematic torture and ill-treatment, leaving them with permanent physical and psychological scars, Amnesty International said today in a new report.
A Blow to Humanity provides an in-depth look at Malaysian caning, which leaves victims, including many foreigners seeking asylum, with little recourse, support or hope. Many have no understanding of the charges or fate that awaits them.
“Caning in Malaysia has hit epidemic proportions,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director. “In every case that we examined, the punishment amounted to torture, which is absolutely prohibited under any circumstances.”
In recent years, Malaysia has increased the number of penal offenses subject to caning to more than 60. Since 2002, when Parliament made immigration violations such as illegal entry subject to caning, tens of thousands of refugees and migrant workers have been caned.
In Malaysian prisons specially trained caning officers tear into victims’ bodies with a metre-long cane swung with both hands at high speed. The cane rips into the victim’s naked skin, pulps the fatty tissue below, and leaves scars that extend to muscle fibre. The pain is so severe that victims often lose consciousness.
The Malaysian government does not punish officers for their actions. Instead, it trains officers how to conduct caning and pays them a bonus for each stroke. Many double their income through their caning work. Others take bribes to intentionally miss, sparing their victims.
State-employed doctors also play an integral role in caning. They examine victims and certify their fitness to be caned. When victims lose consciousness during caning, they revive them so the punishment can continue. After caning, some victims suffer long-term physical disabilities.
“The role that Malaysian doctors play in facilitating deliberate pain and injury through caning is absolutely contrary to international medical ethics,” said Sam Zarifi. “Instead of treating the victims, doctors are assisting in their torture and ill-treatment.”
Malaysian officials and state employees who are complicit in torture are liable to prosecution worldwide under universal jurisdiction for grave human rights crimes such as these, Amnesty International said.
Judicial caning was originally imposed under British colonial rule in the 19th century. Under international law, all judicial corporal punishment constitutes torture or other ill-treatment, which is prohibited in all circumstances.
Refugees who fled torture and forced labour in Myanmar told Amnesty International how Malaysia (which does not recognize refugees) caned them for immigration violations, sometimes repeatedly. In Indonesia, Amnesty International met migrant workers deported by boat from Malaysia; 63 of the men had been caned.
“Neighbouring countries significantly contribute to Malaysia’s economy by sending tens of thousands of migrant workers,” said Sam Zarifi. “Indonesia and other migrant-sending countries should insist that Malaysia stop caning their citizens.”
Amnesty International called on the Malaysian government to:
• Enact immediately a moratorium on caning punishment in all cases, with a view to its abolition;
• Ratify the UN Convention Against Torture and its Optional Protocol, as well as the International Covenant on Civil and Political Rights;
• Amend legislation to treat immigration violations as administrative offences rather than crimes punishable by prison or corporal punishment. - Amnesty International, 6/12/2010, Malaysia: Torture practiced systematically in widespread caning
A Blow to Humanity provides an in-depth look at Malaysian caning, which leaves victims, including many foreigners seeking asylum, with little recourse, support or hope. Many have no understanding of the charges or fate that awaits them.
“Caning in Malaysia has hit epidemic proportions,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director. “In every case that we examined, the punishment amounted to torture, which is absolutely prohibited under any circumstances.”
In recent years, Malaysia has increased the number of penal offenses subject to caning to more than 60. Since 2002, when Parliament made immigration violations such as illegal entry subject to caning, tens of thousands of refugees and migrant workers have been caned.
In Malaysian prisons specially trained caning officers tear into victims’ bodies with a metre-long cane swung with both hands at high speed. The cane rips into the victim’s naked skin, pulps the fatty tissue below, and leaves scars that extend to muscle fibre. The pain is so severe that victims often lose consciousness.
The Malaysian government does not punish officers for their actions. Instead, it trains officers how to conduct caning and pays them a bonus for each stroke. Many double their income through their caning work. Others take bribes to intentionally miss, sparing their victims.
State-employed doctors also play an integral role in caning. They examine victims and certify their fitness to be caned. When victims lose consciousness during caning, they revive them so the punishment can continue. After caning, some victims suffer long-term physical disabilities.
“The role that Malaysian doctors play in facilitating deliberate pain and injury through caning is absolutely contrary to international medical ethics,” said Sam Zarifi. “Instead of treating the victims, doctors are assisting in their torture and ill-treatment.”
Malaysian officials and state employees who are complicit in torture are liable to prosecution worldwide under universal jurisdiction for grave human rights crimes such as these, Amnesty International said.
Judicial caning was originally imposed under British colonial rule in the 19th century. Under international law, all judicial corporal punishment constitutes torture or other ill-treatment, which is prohibited in all circumstances.
Refugees who fled torture and forced labour in Myanmar told Amnesty International how Malaysia (which does not recognize refugees) caned them for immigration violations, sometimes repeatedly. In Indonesia, Amnesty International met migrant workers deported by boat from Malaysia; 63 of the men had been caned.
“Neighbouring countries significantly contribute to Malaysia’s economy by sending tens of thousands of migrant workers,” said Sam Zarifi. “Indonesia and other migrant-sending countries should insist that Malaysia stop caning their citizens.”
Amnesty International called on the Malaysian government to:
• Enact immediately a moratorium on caning punishment in all cases, with a view to its abolition;
• Ratify the UN Convention Against Torture and its Optional Protocol, as well as the International Covenant on Civil and Political Rights;
• Amend legislation to treat immigration violations as administrative offences rather than crimes punishable by prison or corporal punishment. - Amnesty International, 6/12/2010, Malaysia: Torture practiced systematically in widespread caning
The related Press Statement by AI:-
Malaysia: Torture practiced systematically in widespread caning
6 December 2010AI Index: PRE01/404/2010The Malaysian government must immediately end the practice of judicial caning, which subjects thousands of people each year to systematic torture and ill-treatment, leaving them with permanent physical and psychological scars, Amnesty International said today in a new report.
A Blow to Humanity provides an in-depth look at Malaysian caning, which leaves victims, including many foreigners seeking asylum, with little recourse, support or hope. Many have no understanding of the charges or fate that awaits them.
“Caning in Malaysia has hit epidemic proportions,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director. “In every case that we examined, the punishment amounted to torture, which is absolutely prohibited under any circumstances.”
In recent years, Malaysia has increased the number of penal offenses subject to caning to more than 60. Since 2002, when Parliament made immigration violations such as illegal entry subject to caning, tens of thousands of refugees and migrant workers have been caned.
In Malaysian prisons specially trained caning officers tear into victims’ bodies with a metre-long cane swung with both hands at high speed. The cane rips into the victim’s naked skin, pulps the fatty tissue below, and leaves scars that extend to muscle fibre. The pain is so severe that victims often lose consciousness.
The Malaysian government does not punish officers for their actions. Instead, it trains officers how to conduct caning and pays them a bonus for each stroke. Many double their income through their caning work. Others take bribes to intentionally miss, sparing their victims.
State-employed doctors also play an integral role in caning. They examine victims and certify their fitness to be caned. When victims lose consciousness during caning, they revive them so the punishment can continue. After caning, some victims suffer long-term physical disabilities.
“The role that Malaysian doctors play in facilitating deliberate pain and injury through caning is absolutely contrary to international medical ethics,” said Sam Zarifi. “Instead of treating the victims, the doctors are preparing them for punishment.”
Malaysian officials and states employees who are complicit in torture are liable to prosecution worldwide under universal jurisdiction for grave human rights crimes such as these, Amnesty International said.
Judicial caning was originally imposed under British colonial rule in the 19th century. Under international law, all judicial corporal punishment constitutes torture or other ill-treatment, which is prohibited in all circumstances.
Refugees who fled torture and forced labour in Myanmar told Amnesty International how Malaysia (which does not recognize refugees) caned them for immigration violations, sometimes repeatedly. In Indonesia, Amnesty International met migrant workers deported by boat from Malaysia; 63 of the men had been caned.
“Neighbouring countries significantly contribute to Malaysia’s economy by sending tens of thousands of migrant workers,” said Sam Zarifi. “Indonesia and other migrant-sending countries should insist that Malaysia stop caning their citizens.”
Amnesty International called on the Malaysian government to:
• Enact immediately a moratorium on caning punishment in all cases, with a view to its abolition;
• Ratify the UN Convention Against Torture and its Optional Protocol, as well as the International Covenant on Civil and Political Rights;
• Amend legislation to treat immigration violations as administrative offences rather than crimes punishable by prison or corporal punishment.
Note to editors:
Amnesty International spokespeople and case studies are available.
In Kuala Lumpur, contact Lance Lattig (English, French, Spanish and Portuguese) on +60 12 294 3731.
In London, contact Thomas Yocum on +44 (0) 207 413 5871.
The report can be found at: http://www.amnesty.org/en/library/info/ASA28/013/2010/en
Source: Amnesty International Website
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