Malaysia must reject caning, an archaic, inhumane form of punishment

Malaysia must reject caning, an archaic, inhumane form of punishment

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.

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

Attacks on lawyers: Turkey, Azerbaijan, Kazakhstan, and China (UN statement)

Attacks on lawyers: Turkey, Azerbaijan, Kazakhstan, and China (UN statement)

The ICJ today delivered an oral statement to the UN Human Rights Council, on attacks on lawyers and the legal profession in Turkey, Azerbaijan, Kazakhstan and China.

The statement, which was made during an interactive dialogue with the UN Special Rapporteur on human rights defenders and the UN Special Rapporteur on Torture, read as follows:

Our organizations welcome that the main report (A/HRC/37/51, para 13) and communications report (A/HRC/37/51/Add.1, e.g. paras 278-297, 431, 508-510) of the Special Rapporteur on Human Rights Defenders recognizes the role of lawyers as human rights defenders. In this regard, we would highlight the global problem of continued attacks on lawyers and threats to the independence of their profession, including for example as is well known in China (A/HRC/37/51/Add.1, paras 278-297), but also in Azerbaijan, Kazakhstan and Turkey.

In Azerbaijan, lawyers face criminal prosecution, suspension or disbarment for statements clearly constituting protected freedom of expression. The lack of independence of the Bar Association is a serious concern, even more so now that new legislation prohibits lawyers from representing clients before courts unless they become a member.

In Kazakhstan, a proposed new law threatens the independence of lawyers by providing for representatives of the executive to be included on disciplinary bodies of the legal profession, contrary to international standards.

Finally, the situation of lawyers in Turkey under the current state of emergency is of particular concern. In particular, echoing the recent statement of five UN special procedures mandate holders for his release, we expresses concern at the current detention of Taner Kılıç, lawyer and president of Amnesty International Turkey.

These arrests, trial and disbarments as well problematic legislative changes have a chilling effect on the work of lawyers. They undermine access to effective and independent legal assistance to protect human rights, in contravention of the rights of both the lawyers and their clients, including as mentioned in the report of the visit to Turkey by the Special Rapporteur on Torture (A/HRC/37/50/Add.1, paras 24, 26, 41, 63-66, 71, 101(d)(e)(h), 106(c)).

Our organizations urge the Council to address these worrying developments threatening the rule of law.

The following organizations joined the statement, in addition to the ICJ:

  • International Bar Association’s Human Rights Institute (IBAHRI)
  • Union Internationale des Avocats (UIA)
  • Lawyers for Lawyers (L4L)
  • the Law Society of England and Wales
  • Lawyer’s Rights Watch Canada (LRWC), and
  • the Bar Human Rights Committee of England and Wales (BHRC).

The statement can be downloaded in PDF format here: UN-HRC37-JointOralStatement-LawyersHRDsTorture-2018

Guantánamo & Accountability for Torture: UN side event

Guantánamo & Accountability for Torture: UN side event

A panel discussion on Guantánamo and accountability for torture, featuring UN Special Rapporteur on Torture Juan E. Méndez and other experts, will take place in Geneva on 9 March 2015 in connection with the UN Human Rights Council session.The panel features:

  • Juan E. Méndez, UN Special Rapporteur on Torture
  • Jamil Dakwar, Director, Human Rights Program, American Civil Liberties Union
  • Peter Jan Honigsbert, U of San Francisco Law School, Founder & Director of Witness to Guantánamo
  • Julia Hall, Expert on Counter-Terrorism and Human Rights, Amnesty International

moderator: Connie de la Vega, University of San Francisco Law School & Human Rights Advocates.

The ICJ joins the ACLU, Amnesty International, Human Rights Advocates, Conectas, Human Rights Watch, CELS, and OMCT in supporting this event.

The event takes place 9 march 2015, at 15:00-17:00, Room XXIII, Palais des Nations, in Geneva.

The event flyer may be downloaded in PDF format here: SideEventTorture

Bahrain: authorities to fully cooperate with UN Mechanisms and implement recommendations of Commission of Inquiry

Bahrain: authorities to fully cooperate with UN Mechanisms and implement recommendations of Commission of Inquiry

The Bahrain authorities must fully cooperate with the UN mechanisms and implement the recommendations of the Bahrain Independent Commission of Inquiry (BICI) set up by the Government of Bahrain in June 2011.

The ICJ further calls on the Bahrain authorities to ensure that the recommendations from the UN Universal Periodic Review process in September 2012 are implemented in full and in good faith and, to this end, immediately extend an invitation with specific dates to the UN Special Rapporteur on torture, Juan E. Méndez (photo).

The statement comes as the authorities in Bahrain effectively cancelled a visit of the Special Rapporteur for the second time, a previous visit in March 2012 also having been postponed at the last minute.

“As a former member of the BICI, I find it extremely disappointing that Bahrain has taken this decision for the second time. It keeps dangling the possibility of a visit when it is under pressure to do something about implementing the BICI recommendations,” said Sir Nigel Rodley, President of the ICJ. “One does not have to be a cynic to infer that once the pressure eases – for example, because the Human Rights Council has concluded its review of Bahrain’s human rights performance or the Formula One race is over – it can then withdraw its invitation. I hope the international community will take account of this pattern, when reacting to positive assurances from the authorities. Promises are no substitute for implementation.”

The report of the BICI, published in November 2011, documented numerous cases of torture and ill-treatment.

It further made crucial recommendations for reform so as to prevent these and other violations in the future, including effective investigations into all cases of torture and ill-treatment by an independent and impartial body; the establishment of a standing independent body to examine all complaints of torture or ill-treatment, excessive use of force or other abuses at the hands of the authorities; and the compensation and provision of remedies for all victims.

“The BICI’s recommendations included ones to address the serious problem of torture in Bahrain, a problem I had identified in the 1990s when I held the mandate Juan Mendez now discharges with consummate professionalism. One may perhaps be pardoned for considering that the only threat posed by the visit to the political situation is the fear of what information would be uncovered by the visit,” Sir Nigel Rodley concluded.

Contact:

Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, t: +41 22 979 3817, e-mail: said.benarbia(a)icj.org

UN Photo/Rick Bajornas

 

Translate »