PETALING JAYA: The corporal punishment of caning should be abolished or replaced with something more humane, said Dewan Negara president Tan Sri Dr Wan Junaidi Tuanku Jaafar.
He was commenting on last week’s sentencing of Muar MP Syed Saddiq Syed Abdul Rahman to seven years’ jail, a RM10 million fine and two strokes of the cane after the High Court found him guilty of misappropriating assets, money laundering and abetting in criminal breach of trust.
Wan Junaidi, who was also law minister from August 2021 until November 2022 during the Barisan Nasional administration, said a review had been conducted on caning during his tenure as he opined that it was outdated and inhumane.
“The proposed amendment would have seen the punishment abolished or become less severe, such as that practised under Syariah law.
“The judge would also have no discretion in imposing the number of strokes as it would be dictated by the law itself.”
However, Wan Junaidi said the review could not be completed and was abandoned after the 2022 general election.
He said a proper study must be conducted before any change is implemented because enforcement agencies do not agree with its abolition.
“Some authorities believe caning is a good deterrent because prison alone is not effective as the environment there is less restrictive than in the past.
“Prison life has become more pleasant after certain reforms were implemented. Criminals now find prison life more bearable and don’t mind being incarcerated.”
Wan Junaidi suggested Islamic caning as a replacement for the present system, if it is not abolished in its current form.
“Unlike the current form that utilises a thick rod, such caning is lighter and merely serves as a warning. Islamic caning is not detrimental to a person’s health and well-being as it is not very painful. It does not rupture the skin or leave scars after multiple hits.”
He also said the more severe form of caning could be maintained only for serious offences such as rape, armed robbery and kidnapping.
Global Human Rights Federation deputy president Peter John Jaban said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said should ensure that caning is abolished.
“Caning is a barbaric practice that puts Malaysia out of step with the international community and human rights advocates.
“It is an old system from the 19th century colonial rule and has no place in modern society, particularly for commercial crime.
“Many countries that used to impose caning have abolished it after finding it to be a violation of human rights.”
He added that the punishment humiliates and often leaves convicts scarred for life.
“It leaves a mark long after the convict has served his time in prison and returns to society. Hence, sentences should be proportionate to the crime.
“While we abhor corruption in all its forms, remember that Syed Saddiq will also serve a seven-year jail term and is subject to a substantial fine.
“The addition of caning is a step too far. It has not been imposed on other politicians accused of similar or worse examples of graft.”
He suggested that Syed Saddiq could have been given a longer jail term instead and that imprisonment was enough to remind him of his debt to society.
“The court should not be presenting itself as more violent than the criminal it punishes.”
