KUALA LUMPUR: The Malaysian Bar has called for the government and the Terengganu state government to reconsider public caning practices.
Its president, Mohamad Ezri Abdul Wahab, said there needs to be a review and amendment of laws that permit such punishments to ensure they are proportionate, rehabilitative, and respectful of human dignity.
He also said 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 marks the first instance of such a punishment being carried out in public under the Syariah Criminal Offences (Takzir) (Terengganu) Enactment Amendment 2022.
"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. This approach undermines the dignity of the individual and can be seen as violating Article 5 of the Constitution," he said in a statement today.
Ezri's comments came on the heels of a 42-year-old carpenter who would become the first person in Terengganu to be sentenced to six lashes in public for repeated offences of khalwat.
He added that the implementation of public caning also exceeds the jurisdictional limitations of the Syariah Courts as set out in the Syariah Courts (Criminal Jurisdiction) Act 1965. While the act 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. 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."
This Friday, Mohd Affendi Awang, 42, would become the first person in Terengganu to be sentenced to six lashes in public for repeated offences of khalwat.
The sentence was handed down by the Kuala Terengganu Syariah High Court on Nov 20 after the man pleaded guilty to repeated khalwat offences under Section 31(a) of the Syariah Criminal Offences (Takzir) (Terengganu) Enactment Amendment 2022 for khalwat.