Media Statement – 10/6/2024
Abolish TORTURE and ‘corporal punishment’ in Malaysian schools – Prosecute teachers who committed criminal acts against children
Ministry must prioritize best interest of children, and speedily act against those who violate child rights
MADPET(Malaysians Against Death Penalty and Torture) demands an independent investigation and prosecution of the perpetrators in the case where a 11 year old student, who after being punished by having to stand under the hot sun suffered heat exhaustion or heat stroke, that also caused nerve damage and have now made a previously healthy child into now, a person with disabilities.
The teacher that committed the crime, and all others who failed to stop this action and possibly similar crimes in the past despite knowing, including the headmaster must be investigated, and prosecuted. Disciplinary measures alone is simply not acceptable when such crimes against children are committed.
In Malaysia, during this heat spell this year, have had about 45 cases of heatstroke, including two deaths, reported so far this year, says health director-general Dr Radzi Abu Hassan.He said most of the cases involved those who suffered from heat exhaustion. (FMT, 14/4/2024). The last death was on 1/4/2024. It makes it even more shocking that a child was punished by standing under the sun for several hours at this time.
On 30/4/2024, a 11-year-old student and 3 others were punished their teacher who made them stand under the blazing sun. Whilst 3 others were let off earlier, this particular child was made to stand under the sun from 10am to 12.50pm, approximately 3 hours according to the boy’s parent. He was later rushed to the hospital, and the doctors ascertained that he had suffered from heat exhaustion, and he was also diagnosed with a nerve condition because of the heatstroke.
After that, the child’s condition deteriorated, ‘…She [the mother] explained that her son used to often play with his siblings but now, he hides a lot and talks to himself. “The hospital informed me that I can’t send my son to a regular school anymore because of his health issues. “They say I have to send him to a school for special needs children now, …“(The Sun, 31/5/2024).
On 7/6/2024, the hospital has now classified the child as a person with disabilities.
The 'thin skull' rule (or egg shell skull rule) legal rule states that even if injury or death is not reasonably foreseeable the law still considers the defendant liable if the victim suffered from some physical or mental condition. Thus, it matters not if other 11 year old children subjected to the same kind of torture, would not have suffered the same consequence as our victim here. Hence, the teacher and all others that were accomplices will be criminally liable for what happened to this child. What was done to the other 3 children was also criminal, even if they did not suffer from heat stroke.
It is sad to note that the police and the State may be acting to protect the perpetrators, who is a government teacher and a government school.
a) a) On 25/3/2024, it was reported that Ampang Jaya district police chief ACP Mohd Azam Ismail said that ‘…investigations revealed the suspect, a local male teacher, 37, had punished the victim along with three other friends to 10 minutes of the punishment…’. This is contrary to what was earlier reports that says that the sun was made to stand under the sun for 2 to 3 hours. Would the child have suffered from heat exhaustion? Time under the sun maybe irrelevant as the fact was the boy suffered from heat stroke, nerve damage and now had been classified as person with disabilities.
b) b) Now, ‘…they [the family of the victim] said the police were trying to establish if the boy was disabled before the incident…’ (Malaysian Insight, 9/6/2024). If true, why is the police doing this? They must focus on the crime and investigation of the suspect. In any event, even if the child was a person with disabilities before the incident, it can be said to be a failure of the government to identify this earlier with regard students under their care, and it certainly does not absolve the teacher of the crime.
MADPET hopes that the investigation and prosecution of the perpetrators of this crime is done justly, and is not affected by external factors like any prejudices like poverty, political connection, protection of the State and/or its employees, ethnicity, religion, etc.
It must be noted that in the past when it comes to public officers, Malaysia has been slow to charge government employees in court for a criminal offence, even after recommendations that this be done for with regard certain officers after the Enforcement Agency Integrity Commission (EAIC) and/or SUHAKAM(Malaysian Human Rights Commission) so recommends after a full inquiry, and this has happened in several death in custody and enforced disappearance cases before.
Transparency – No more keeping SECRET Rules/Circulars concerning schools/students
The Minister of Education Fadhlina Sidek said that “Appropriate action will be taken based on the investigation report from the authorities,”… She added that schools are advised to always adhere to the current student management guidelines in force…’(Malaysian Insight, 9/6/2024).
The one fundamental problem that exist is that these guidelines and professional circulars are NOT publicly available or easily assessed. Parents and students certainly have a RIGHT to know what teachers/schools can or cannot do with regard students including permissible punishments. This is important so that parents and students will be able to HIGHLIGHT when these rules are broken, something they cannot do if they do not know about these rules.
We recall that in 2021 when ‘…The Education Ministry (MOE) has never issued any table or circular on the forms of prohibited punishments in schools which had gone viral on social media. In a statement, the ministry said that the disciplinary management procedures were based on the guidelines and professional circulars, namely the Education (School Discipline) Regulations 1959 and Circular 8/1983: Imposing Ordinary Punishment on Students Who Commit Misconduct Not Stated in Education Rules. Also, Circular 7/1995: Procedures for Imposing Actions and Punishments Against Students; Circular 10/2001: All Teachers are Disciplinary Teachers; Circular 7/2003: Power of Teachers to Cane Students; and Circular 7/2011: Implementation of Standard Operating Procedures 1:3:7 Reporting and Actions to Address Disciplinary Issues.’ (Malay Mail, 23/11/2021)
Recently, the ‘Education Minister Fadhlina Sidek’s special officer Thiyagaraj Sankaranarayanan, …that the teacher breached the ministry’s Professional Circular No.7/1995 Procedures on Punishment and Disciplinary Action on Students…’ (Malaysian Insight, 7/6/2024). But, the general public remains unaware of the contents of this ‘procedure’ or what exactly was the non-compliace.
END ‘secrecy’ behind Education Ministry’s guidelines, rules and professional circulars, especially those that deal with students. In the name of transparency, they must be OPEN to the Public, and made available on the Ministry’s website. Parents and students have a right to know, and such documents should never be classified as ‘official secrets’. Parents and students are more likely to report non-compliance of a teacher, rather than fellow teachers and headmaster.
Disclose what actions taken by the Ministry of Education, no need to wait for police action
Minister Fadhlina Sidek must be more transparent as to what has been done with the relevant Ministries own enforcement authorities. Have the alleged perpetrator/s been investigated and what is the Ministry’s findings? Has the said teacher been SUSPENDED? She does not have to wait for the police and prosecution to complete their investigation and charge the perpetrator.
When a crime against a child has been committed, disciplinary punishment like warnings, transfers and/or fines are unjustly inadequate, and what we need is for the perpetrator/s be charged in court more so in this case where the victim child, who had aspiration to be a police officer, has now become a person with disability and will most likely be unable to become a police officer.
Similar incidents may have occurred in the past too. The Ministry must investigate and disclose this. Action must be taken against all perpetrator teachers that punished or tortured students in the past. Investigate all schools, and no ‘cover up’ please.
Whilst waiting for the police and prosecutor to act, MADPET ask the Ministry of Education to disclose what action has been taken about this case that happened more than a month ago, on April 30.
It seems that the Minister is yet to even visit the victim, and yet to provide any temporary financial assistance yet. No report yet of Minister Fadhlina Sidek apologizing to the child victim, his parents and Malaysians for wrong done by a teacher under her Ministry.
Remember, the Minister’s priority must be to the children under the care of the Ministry, not the protection of teachers or the State. Does the Minister in this case advocate criminal prosecution or merely just some disciplinary measures? MADPET and everyone would like to know.
SUHAKAM and Children’s Commissioner should immediately inquire into this case, without waiting for complaint to be lodged.
Malaysia has the Children’s Commissioner Farah Nini Dusuki in SUHAKAM, and the ‘…Office of the Children’s Commissioner (OCC), Human Rights Commission of Malaysia is an independent office that is responsible for empowering and protecting the rights of children as set out in the United Nations Convention on the Rights of the Child (CRC). The CC’s main role is to protect and promote human rights of all children under 18 throughout Malaysia, regardless of their status…’ So, the question is WHY has SUHAKAM, who can act on its own without the need to wait for any complaint, NOT YET come out of this issue involving human rights violation of a child of 11 years?
Section 12(1) of Human Rights Commission Of Malaysia Act 1999 says that (1) The Commission may, on its own motion or on a complaint….inquire into an allegation of the infringement of the human rights of such person or group of persons.
It is most shocking that torture and/or corporal punishment still exist even in Malaysian schools.
MADPET calls for an independent and professional investigations into this crime, and for a speedy prosecution of the teacher that committed this offence, and also all other teachers and headmaster that knew of the crime but chose to do nothing.
MADPET calls for the immediate public disclosure on its website by the Ministry of Education and/or the Government of all rules, regulations, circulars and notes that sets out what should and should not be done to students by teachers or the school, including punishment. Then, the people will know, and non-compliance will be brought to notice of the Ministry by students, their parents or others;
MADPET calls on Education Minister Fadhlina Sidek to immediately conduct a comprehensive investigation on schools and education institutes to ensure that ‘torture’ of students by teachers are not occurring in any form. It is wrong to wait until such ‘torture’ or rights violations results in children or young persons suffering and becoming persons of disability before the Ministry Acts. Prevention should be prioritized;
MADPET also calls on Minister Fadhlina Sidek to PUBLICLY apologize to the student victim and his family as the facts that the teacher punished the student by asking to stand under the sun, which is wrong and a violation of human rights of the child is undisputable; and
MADPET urges Malaysia to forthwith ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and its Optional Protocol.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
xxx
Boy's cop ambition said to be destroyed after being punished by teacher
MOGANA Selvi and her husband, Suresh Balakrishna had high hopes for their 11-year-old son to have a bright future, and take their family out of poverty.
However, their dreams, just like the dreams of their son, have been dashed.
Mogana says her son is now considered as a person with disabilities (PwD) by doctors after his school teacher punished him, shattering the boy’s ambition to become a police officer.
On April 30, the Year 5 pupil from a school in Ampang was punished by his teacher along with three other students. They were made to stand under the hot sun, a punishment among others prohibited by the Education Ministry.
The three other boys were let off their punishment early but not Mogana’s son.
The boy remains unnamed as he is underaged.
According to the mother’s initial police report on this case, she claimed that her son was made to stand under the sun from 10am to 12.50pm, approximately three hours.
The boy was later rushed to hospital as he suffered heat stroke.
Doctors at Ampang Hospital, who initially assessed him, revealed that the boy suffered nerve-related damage and was declared to have become PwD.
Mogana, who is three-months pregnant, was left distraught, having to see her secondborn in a condition that she never imagined.
Residing in a low-cost apartment, Mogana said her traumatised son wakes up during the wee hours and does weird things.
She said he would sit next to the bathroom, get his head wet and continue to drench it with water as it dries.
She also said that he would stare out the window, claiming that the teacher who punished him is coming to get him.
The mother said she would need to calm him before he goes to bed again.
“This is something I never wished for,” the 35-year-old mother tearfully told The Malaysian Insight in an exclusive interview.
Mogana, a housewife, said the entire family was devastated by what had happened, adding that the incident would also impact them financially.
The mother of five said her husband Suresh is just a scrap collector and makes a meagre income just enough to put food on the table.
Aloof and unhappy
Mogana said her son was passionate about becoming a police officer, adding that he had joined the school’s police cadets to pursue his ambition.
“He was inspired by the cops’ role in real life and also in television.
“But now that seems unlikely as doctors told my son that he has disabilities. All our hopes are in tatters,” she said.
“He is no longer cheerful, playful nor happy.
“His siblings are missing the usual him, with my eldest son always asking what has happened to his younger brother and why he is very quiet these days,” Mogana said.
The eldest boy is 13-years old while the three children younger to the affected boy are 10, eight and six years old respectively.
Mogana said her son now needs assistance in doing his daily chores, including showering and eating.
She said she was fearful of sending her other children to school after what happened to her second child.
On Wednesday, the family alleged that the authorities are trying to evade the main issue, which is the punishment meted out by the teacher that left their son in his current condition.
Instead of focusing on how the boy was punished and taking action against the culprit, they said the police were trying to establish if the boy was disabled before the incident.
Dayalan Sreebalan, the family’s spokesman, said the authorities were focused on the student’s disabilities rather than the crime of the teacher.
“The initial police report made by the mother was on the punishment meted out by the teacher on the student and nothing about the child’s disability status,” he said.
On May 25, Ampang Jaya police chief Mohd Azam Ismail said that investigations had revealed that the suspect, a male teacher, 37, had punished the boy and three others for “10 minutes”.
He said police had completed investigation into the mother’s allegation and that the investigation paper had been referred to the public prosecutor’s office for further action.
Education Minister Fadhlina Sidek’s special officer Thiyagaraj Sankaranarayanan, in a Facebook post, said that the teacher breached the ministry’s Professional Circular No.7/1995 Procedures on Punishment and Disciplinary Action on Students.
The circular reminded schools against flying into a rage and jumping to rash conclusions without proper investigation, also saying that torture and public insults should be avoided.
Wanting justice
Dayalan, meanwhile, said Ampang Hospital gave the family a reference letter for their son after he was assessed as PwD by doctors. The parents are in the process of obtaining an OKU card for him.
Dinesh Muthal, the lawyer representing the family, said that the investigation officer (IO) did not handle the case well. Dinesh claimed that the victim’s classmate, a witness in this case, has been exposed to the teacher by the IO, which led to the student being threatened.
He said this took place in a closed-door meeting between the school’s administration and the parents of the victim.
Dinesh claimed that this was an element of witness tampering.
When asked, Mogana said she wants justice for her son and that she would never forgive the teacher for what he has done.
“My son is in this state because of the teacher.
“I’ll never be able to forgive the teacher because of that,” she said. – June 7, 2024.Malaysian Insight
MOE to take appropriate action following student heatstroke incident
PETALING JAYA: The Education Ministry will be taking appropriate action based on the investigation report from the authorities following the incident involving a 11-year-old student who suffered a heat stroke after being forced to stand in the sun for nearly three hours.
“The ministry does not compromise on any misconduct that could affect the wellbeing and safety of the schooling community,” said Education Minister Fadhlina Sidek, as reported by New Straits Times.
“This matter is under our close watch. The case is currently under investigation by the authorities.
“Appropriate action will be taken based on the investigation report from the authorities,” Fadhlina was quoted as saying.
She added that schools are advised to always adhere to the current student management guidelines in force.
According to an earlier report, the Standard Five student is now considered a person with disabilities (PwD) as due to being diagnosed with a nerve condition because of the heatstroke.
The student’s mother had stated that Ampang Hospital in Selangor has provided the family with a reference letter to be assessed as a PwD due to the health issues with which he has been diagnosed with.
She explained that her son used to often play with his siblings but now, he hides a lot and talks to himself.
“The hospital informed me that I can’t send my son to a regular school anymore because of his health issues.
“They say I have to send him to a school for special needs children now, “she was quoted as saying. - Sun, 31/5/2024
Investigation paper on pupil being made to stand under hot sun referred to DPP's office
Nation
Saturday, 25 May 2024 8:23 PM MYT
KUALA LUMPUR: The police have referred the investigation paper on a primary school pupil who was made to stand under the hot sun by a teacher in Ampang to the deputy public prosecutor’s office.
Ampang Jaya district police chief ACP Mohd Azam Ismail said the victim’s mother, 34, alleged that her 11-year-old child was punished by a teacher to stand in the middle of a field under the hot sun for over two hours on April 30.
He added that investigations revealed the suspect, a local male teacher, 37, had punished the victim along with three other friends to 10 minutes of the punishment.
"A medical officer’s check revealed that the victim suffered heat exhaustion. The investigation is complete and has been referred to the Selangor public prosecutor’s office for further action,” he said in a statement on Thursday (May 25).
A video went viral on social media on Wednesday (May 24) showing the victim’s mother with a non-governmental organisation (NGO) expressing her dissatisfaction over the way the investigation was handled.
Mohd Azam said the case was being investigated under Section 31(1) of the Child Act 2001. – Bernama, Star, 25/3/2024
Probe case of pupil sent to stand in sun, Suhakam told
James Nayagam says the human rights commission can initiate its own investigation, but also advises the family to file a complaint.
PETALING JAYA: A former Suhakam commissioner has called on the human rights commission to investigate the recent incident in which a schoolboy suffered heatstroke after being forced to stand in the sun for nearly three hours.
James Nayagam, who is also a child rights activist, said Suhakam does not have to wait for the family to lodge a complaint before initiating a probe into the matter.
“Independently, Suhakam is mandated to conduct the investigation. They do not have to wait for a complaint to come. Such an incident is in the public interest, and people want to know how such a thing can happen in Malaysia.
“If it were me, I would surely investigate,” he told FMT.
Nayagam also advised the victim’s parents to lodge an official complaint to Suhakam to ensure the commission launches an inquiry. He said a Suhakam investigation can run parallel with a police probe.
The activist was confident the commission would undertake a balanced investigation, saying it has abundant experience in conducting such inquiries. Its findings may also be used in court, he added.
FMT has reached out to Suhakam for comment.
According to police, the boy had been made to stand under the sun in the middle of a school field in Ampang on April 30. He suffered heatstroke as a result, and had to seek treatment at Ampang Hospital.
The family said the hospital assessed the Year 5 student as a person with disabilities (OKU) following the incident. They said he has been unable to return to school due to a “nerve condition” which is said to have arisen as a result of the heatstroke suffered.
Police have wrapped up their probe into the case and have referred the investigation papers to the Attorney-General’s Chambers.
The family plans to sue the school.
Its spokesman, S Dayalan, said they have no
plans to engage Suhakam as yet. He said they were presently focused on
the outcome of the police investigation. - FMT, 4/6/2024
Education Ministry denies issuing circular on prohibited punishments in schools
KUALA LUMPUR, Nov 23 — The Education Ministry (MOE) has never issued any table or circular on the forms of prohibited punishments in schools which had gone viral on social media.
In a statement, the ministry said that the disciplinary management procedures were based on the guidelines and professional circulars, namely the Education (School Discipline) Regulations 1959 and Circular 8/1983: Imposing Ordinary Punishment on Students Who Commit Misconduct Not Stated in Education Rules.
Also, Circular 7/1995: Procedures for Imposing Actions and Punishments Against Students; Circular 10/2001: All Teachers are Disciplinary Teachers; Circular 7/2003: Power of Teachers to Cane Students; and Circular 7/2011: Implementation of Standard Operating Procedures 1:3:7 Reporting and Actions to Address Disciplinary Issues.
The
statement was issued in response to an article published on a media
portal on November 21, 2021, claiming that teachers who nag or criticise
students will be punished. — Bernama, Malay Mail, 23/11/2021
2 deaths among 45 heatstroke cases reported this year, says health DG
Health director-general Dr Radzi Abu Hassan says four people are currently warded in hospital, including one in the intensive care unit.
PETALING JAYA: There have been 45 cases of heatstroke, including two deaths, reported so far this year, says health director-general Dr Radzi Abu Hassan.
He said most of the cases involved those who suffered from heat exhaustion.
According to Radzi, Perak and Kedah recorded the highest number of cases with eight each, followed by Selangor with six, while Johor and Negeri Sembilan had five cases, respectively.
He added that the two deaths due to heatstroke involved a 22-year-old man in Pahang and a 3-year-old boy in Kelantan.
“As of now, there are four cases under treatment in the hospital. One of the patients is warded in the intensive care unit, while the rest are in the normal ward,” Radzi said in a statement today.
The ministry also advised the public to take necessary precautions against the heatwave including staying hydrated and avoiding strenuous outdoor activities.
On April 11, the meteorological department (MetMalaysia) issued heatwave warnings for 14 areas in the country, particularly in Perlis, Kedah, Kelantan, Sarawak and Sabah.
According to MetMalaysia, a heatwave is when temperatures of 35°C or higher is recorded for at least three days in a row.
In the peninsula, the affected areas are Langkawi, Pendang, Kuala Muda, Kubang Pasu, Pokok Sena, Sik, Baling and Bandar Baharu in Kedah; Gua Musang in Kelantan; and the whole of Perlis.
Higher temperatures are also expected in Mukah and Telang Usan in Sarawak as well as Tuaran and Tenom in Sabah. - FMT, 14/4/2024
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