The Malaysian Bar is shocked and disappointed with Minister of Home Affairs, Dato’ Seri Hishamuddin bin Tun Hussein’s announcement yesterday that three Muslim women were caned by the prison authority for offences committed under the Syariah Law.
The Malaysian Bar Resolution unanimously adopted at its 61st Annual General Meeting on 17 March 2007 denounced and rejected whipping as a punishment for any offence as it is anachronistic and inconsistent with a compassionate society. Our position echoes international human rights norms that condemn whipping and other forms of corporal punishment as cruel, inhuman or degrading treatment.
Given that the Kartika issue remains unresolved and the public outcry on issues of constitutionality in regards to the fact that corporal punishment is forbidden for women under Section 289 of the Criminal Procedure Code, it is indeed shocking that the Government has made the announcement only after the punishment had been carried out.
The Malaysian Bar Resolution unanimously adopted at its 61st Annual General Meeting on 17 March 2007 denounced and rejected whipping as a punishment for any offence as it is anachronistic and inconsistent with a compassionate society. Our position echoes international human rights norms that condemn whipping and other forms of corporal punishment as cruel, inhuman or degrading treatment.
Given that the Kartika issue remains unresolved and the public outcry on issues of constitutionality in regards to the fact that corporal punishment is forbidden for women under Section 289 of the Criminal Procedure Code, it is indeed shocking that the Government has made the announcement only after the punishment had been carried out.
We call on the Government to immediately review and abolish all forms of punishment involving whipping and proceed to comply with international norms and principles on punishment.
Ragunath Kesavan
President
Malaysian Bar
18 February 2010
Ragunath Kesavan
President
Malaysian Bar
18 February 2010