1/24/24, 5:09 PM Malaysia must reject caning, an archaic, inhumane form of punishment | International Commission of Jurists


Advocates for Justice and Human Rights

Malaysia must reject caning, an

archaic, inhumane form of punishment
05/10/2018

The proposal to implement caning on those found guilty of corruption would

directly violate the absolute prohibition of torture and other cruel, inhuman
or degrading punishment under international law, said the ICJ today.

The Malaysian Anti-Corruption Commission (MACC) called on the Government of Malaysia last
week to consider caning as a punishment for those convicted of corruption to underline the
efforts of eliminating corruption in the country.

Malaysia currently implements caning in a wide range of offences, including the Immigration
Act 1959/63, the Penal Code (rape, criminal breach of trust), and the Dangerous Drugs Act
1952.

At present, under the Malaysian Anti-Corruption Commission (MACC) Act 2009, the
punishment for those found guilty of bribery is payment of a fine and imprisonment for up to
twenty (20) years.

“Malaysia must immediately and completely abolish caning as a form of punishment. The
proposals to implement caning for those found guilty of corruption, bribery, or any other
offence is a significant setback for the country.

If this proposal is implemented, it will violate Malaysia’s obligations to prevent, prohibit and
prosecute all forms of torture and other cruel, inhuman or degrading treatment or
punishment, as.” said Emerlynne Gil, ICJ’s Senior International Legal Adviser.
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After Malaysia’s historic election results on 9 May 2018 and the corruption charges levied
against its former Prime Minister, Najib Razak, it would be superficial for Malaysia to view the
implementation of severe punishments for the crime of corruption as the panacea to the
deeply-rooted culture of corruption among those that have held public office and state
authorities.

The ICJ also emphasizes that all forms of torture and other cruel, inhuman or degrading
treatment are absolutely prohibited by customary international law, as well as international
treaties binding on Malaysia, including the Convention on the Rights of the Child (CRC), the
Convention on the Elimination of All Forms of Discrimination Against Women and the
Convention on the Rights of Persons with Disabilities (CRPD).

The UN Special Rapporteur on Torture has stated that “any form of corporal punishment is
contrary to the prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.” It cannot be considered a “lawful sanction” under international law.

The ICJ urges the Government of Malaysia to abandon any proposal to implement caning as a
form of punishment for any crime. The ICJ also calls on the Government of Malaysia to
immediately abolish the practice of caning as it constitutes a form of cruel, inhuman or
degrading punishment prohibited under international human rights law and standards.

Contact:
Emerlynne Gil, Senior International Legal Advisor, International Commission of Jurists,
mobile: +66 840923575, email: emerlynne.gil@icj.org

Background:

At a press conference on 1 October 2018, Malaysia’s Anti-Corruption Commission’s Chief

Commissioner Datuk Seri Mohamad Shukri Abdul had proposed that the Malaysian
government consider implementing caning for bribery offenders.

Section 288 of the Criminal Procedure Code states the mode of executing the sentence of
‘whipping’, in Section 288(3) it defines the ‘Rattan used for whipping shall not be more than
half of an inch in diameter’ (the word caning is not mentioned), while Section 289 of the
Criminal Procedure Code states that the sentence of whipping is forbidden in the case of
‘females’, males sentenced to death and males whom the Court considers to be more than

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fifty years of age, except males sentenced to whipping under Section 376, 377, 377CA or 377E
of the Penal Code.

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