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Suhakam calls for an end to corporal punishment after inmate's tragic death

KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam) has urged the government to join other nations in taking a firm stance against torture, including corporal punishment, following the recent death of an inmate at Pokok Sena Prison, allegedly resulting from whipping.

In a statement, Suhakam said that several neighbouring Asean countries, such as Indonesia, Thailand, the Philippines, Vietnam, and Cambodia, had ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

"In light of the recent tragedy at Pokok Sena Prison, we call on the government to immediately abolish all forms of corporal punishment, including those enshrined in the Penal Code, Criminal Procedure Code, Prisons Act, and related legislation.

"Additionally, corporal punishment in schools, which normalises violence against children, must also be outlawed to protect the mental and physical well-being of future generations," Suhakam said.

The commission highlighted that corporal punishment, including whipping, violates fundamental human rights and human dignity, causing severe physical and psychological harm that contradicts international human rights standards.

Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights state that no one shall be subjected to torture or cruel, inhuman, or degrading punishment.

"Moreover, Article 1 of CAT defines torture as 'any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted.' Corporal punishment clearly falls under this definition and should be regarded as inhumane and degrading," Suhakam said.

Suhakam has also called for a full, independent, and transparent investigation into the incident to ensure accountability for those responsible.

However, it said that addressing this incident alone was insufficient; the country needed to reform its criminal justice system and abandon outdated practices like corporal punishment in favour of rehabilitative approaches that respected human dignity.

Recently, media reports highlighted the case of an inmate's death at Pokok Sena Prison following caning, which was attributed to a blood infection.

The Prison Department confirmed this in a statement, saying the matter was verified through an initial autopsy.

The inmate had complained of feeling unwell on the ninth day after the caning, which occurred on Sept 25.

The 33-year-old inmate was sentenced to 33 years in prison along with 12 strokes of the cane following the abolition of mandatory death sentences in Malaysia, with his sentence reviewed on Sept 10.

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