In their statement, SUHAKAM pointed out that several nearby ASEAN countries, like Indonesia, Thailand, the Philippines, Vietnam, and Cambodia, have already signed the Convention Against Torture.
“Corporal punishment in schools should be banned too”
That being said, SUHAKAM is urging the government to abolish all forms of corporal punishment, including those allowed under the Penal Code, Criminal Procedure Code, Prisons Act, and other related laws.
They also added that corporal punishment in schools, which makes violence against children seem normal, should also be banned to protect the mental and physical health of future generations.
The commission pointed out that corporal punishment, like whipping, goes against basic human rights and dignity, causing serious physical and mental harm, which doesn’t align with international human rights standards.
“It should be seen as inhumane”
SUHAKAM revealed how Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights made it clear that no one should be tortured or subjected to cruel or degrading punishment.
“Article 1 of the Convention Against Torture (CAT) defines torture as intentionally causing severe physical or mental pain, and corporal punishment fits this definition, so it should be seen as inhumane.”
SUHAKAM is calling for a full, independent investigation into the recent case to hold those responsible accountable.
However, they believe fixing this one issue isn’t enough but the whole criminal justice system needs to be reformed, moving away from outdated practices like corporal punishment and focusing on rehabilitation that respects human dignity.
The death of an inmate from Pokok Sena Prison
The incident in reference that led to SUHAKAM’s call was the death of an inmate at Pokok Sena Prison after being caned 12 times, which led to a bacterial infection.
According to Bernama, the Prison Department confirmed the inmate’s death following an initial autopsy after he was taken to Sultanah Bahiyah Hospital on October 7, 2024.
The Focus Malaysia reported how the deceased had been sentenced to 33 years in prison and 12 strokes of the cane after his sentence was reviewed due to Malaysia’s removal of mandatory death penalties.
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