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The Malaysian Bar expresses its profound concern regarding the impending public caning of a carpenter in Terengganu tomorrow, 27 Dec 2024.1 This marks the first instance of such a punishment being carried out in public under the Syariah Criminal Offences (Takzir) (Terengganu) Enactment Amendment 2022. We reiterate our unwavering stance against all forms of corporal punishment, including caning or whipping, as they are inherently cruel, inhumane, and degrading. Such punishments strip individuals of their dignity.
While we acknowledge the significance of upholding laws that preserve public morality and societal harmony, punishments that are carried out must align with Malaysia’s commitments to uphold the rule of law, the Federal Constitution, and human rights.
Public caning exacerbates the humiliation and anguish experienced by the punished individuals, thus reducing them to objects of public shame rather than encouraging rehabilitation or repentance. This approach undermines the dignity of the individual and can be seen as violating Article 5 of the Federal Constitution. Furthermore, the implementation of public caning exceeds the jurisdictional limitations of the Syariah Courts as set out in the Syariah Courts (Criminal Jurisdiction) Act 1965 [Act 355]. While Act 355 allows for whipping, it does not envisage the punishment being carried out publicly.
Malaysia aspires to be a nation respected for its adherence to human rights standards, yet allowing public caning contravenes international human rights principles, including those enshrined in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“UNCAT”).
It is noteworthy that several Muslim-majority countries have ratified or acceded to UNCAT — an example that Malaysia should follow.2
The Malaysian Bar urges the Terengganu State Government and the Federal Government to reconsider public caning practices by reviewing and amending laws that permit such punishments to ensure they are proportionate, rehabilitative, and respectful of human dignity.
Additionally, we call for the total abolishment of corporal punishment in Malaysia. The justice system must strive to balance morality, compassion, and the rule of law.
Mohamad Ezri b Abdul Wahab
President
Malaysian Bar
26 December 2024
1 “Terengganu’s first public caning for khalwat: No cameras allowed as cops beef up security, limit viewers to 70 this Friday”, Malay Mail, 25 December 2024.