The Malaysian Insight

CANING should not be part of the criminal justice system as it has no rehabilitative potential, said the Human Rights Commission of Malaysia (Suhakam), referring to Kelantan’s nod to public caning.

Suhakam chairman Razali Ismail said the punishment was cruel, inhumane and degrading, and should not be practised regardless whether it was meted out by civil or shariah courts.

“Caning, in any setting, violates the absolute prohibition of torture under international law and is absolutely prohibited in the international human rights treaties that Malaysia has acceded to,” he said in a statement today.

As such, said Razali, Kelantan was not entitled to bring up provisions of national law to justify the green light it had given to public caning.

“Suhakam advises that religious laws applied by states must be in accordance with the country’s international human rights obligations.

“States like Kelantan cannot invoke provisions of national law to justify non-compliance with the obligations under international law.”

He urged both Kelantan and Putrajaya to repeal laws that violated global human rights standards.

“The federal government must ensure that human rights are respected throughout the country, regardless of the internal governance of each state.”

On July 12, Kelantan passed state legislation allowing for public caning to be carried out, following an amendment to the Syariah Criminal Procedure Enactment 2002 as proposed by Islamic Development, Dakwah and Information Committee chairman Nassuruddin Daud. – July 19, 2017.