Human rights activist berates Madani for lack of urgency sense in abolishing judicial whipping

 

THE Madani government has come under fire over its failure to complete its comprehensive study on the abolition of mandatory whipping in Malaysia in line with efforts to reform the criminal justice system towards a more humane and progressive approach.

Recounting the death of prisoner Zaidi Abd Hamid from whipping, human rights lawyer Charles Hector pointed out that as many as 57,161 undocumented migrants detained in various enforcement operations nationwide between Jan 1 and Sept 13 are at risk of conviction and being whipped.

“It has been more than 13 months since Malaysia started study to abolish whipping that caused the death of Zaidi. How many victims of human trafficking have been whipped against the law? Refugees?” the co-founder of Malaysians Against Death Penalty and Torture (MADPET) hit out.

“It’s sad that Zaidi whose death penalty was recently commuted ultimately died after receiving his alternative sentence of whipping. In many cases, the person being whipped faint after several strokes.”

Zaidi died on custody on Oct 7, 2024 at the Pokok Sena prison at the age of 49 after receiving 12 strokes of the rotan on Sept 25 that year.

An investigation by SUHAKAM (the Human Rights Commission of Malaysia) has confirmed that before he died, Zaidi’s whipping wounds became infected given he did not receive proper medical care.

According to Hector, judicial whipping which is commonly known as caning in Malaysia is carried out using a heavy rattan cane on a prisoner’s bare buttocks under strict legal and medical supervision.

The offender is stripped and made to lean forward against a specialised wooden or padded frame with their hands and legs securely shackled.

Comparatively, Syariah caning is lighter, symbolic or non-scarring form of corporal punishment focused on religious deterrence and public repentance rather than severe physical trauma. The offender is typically clothed.

Apparently, the authorities are conducting a comprehensive study on the abolition of mandatory whipping in Malaysia following the Pokok Sena whipping incident in line with efforts to reform the criminal justice system towards a more humane and progressive approach.

“It has been MORE that 13 months yet still studying? “This is a failure on the part of the Madani government,” fumed Hector.

“With no moratorium on whipping as yet simply means that maybe about 5,000 human beings may still be whipped every month despite it has been known that whipping can cause death.”

Charles Hector

Delving on the risk of the innocent being wrongfully convicted, the human rights activist pointed to the case of Sabri Umar, an Indonesian migrant worker with valid documentation who was whipped in Sabah in July 2022 despite there being a pending appeal.

“Here the error was also made by the Immigration Department when they provided wrong documents, claiming that they had no record of entry when Sabri who was a documented migrant worker of many years which was even reflected on his passport,” asserted Hector.

In Sabri’s case, thankfully High Court Judge Justice Lim Hock Leng on becoming aware of this injustice did call up the case for revision and acquitted Sabri Umar.”

Sabri’s gross miscarriage of justice came to light because his trade inion and civil society groups raised it, and the media covered it. How many other foreign workers would have ended being whipped wrongly in similar situations? 

 - Focus Malaysia