Caning is inhumane, judges should have discretion: Minister of Justice

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PUTRAJAYA: The government, through the Legal Affairs Division and the Office of the Attorney General (AGC), is exploring alternative punishments to replace caning which is considered cruel and inhumane.

Datuk Seri Wan Junaidi Tuanku Jaafar, a minister in the Prime Minister’s Department (Parliament and Law), is of the opinion that whipping up to 15 times is considered excessive because three whips are enough to “destroy the flesh of a person, although many may disagree with this view.

“It is my personal opinion that whipping is so brutal and inhumane. I am speechless when I mention the penalty of caning up to 15 times…because one would pass out with just three lashes. So, I want to study holistically with some parts about punishment.

“After all, the question of the whip was inherited from the colonial authority. Why should this material be retained? Why are people in Malaysia being whipped, while they are not in England,” he said when met by the media after speaking at the Symposium Keluarga Malaysia: Achievements and Hopes , here today.

The symposium was chaired by Prime Minister Datuk Seri Ismail Sabri Yaakob this morning, on the occasion of his first year as Prime Minister.

Wan Junaidi said the punishment of whipping should be reconsidered and even the prison policy and judicial transformation should study the issue in addition to seeking alternative punishments to mandatory death laws.

Thus, he said that a technical committee would be created to conduct a study in addition to hearing comments from all parties and stakeholders.

Wan Junaidi said that through amendments to the law, the judge will have the discretion to determine how many lashes will be given depending on the offense or crime committed.

“For example, if a person’s crime is very serious for murder and torture, the judge can use his discretion,” he said.

Asked about an appropriate alternative punishment to replace caning, Wan Junaidi said he thought the method of flogging according to Islamic law (Islamic caning) was considered more appropriate.

He said a study on alternative punishments for flogging should be presented to the October parliamentary session for the 11 offenses for which the mandatory death penalty is imposed, namely nine Penal Code offenses and two weapons offences. fire (increased penalties). Law of 1971.

He said the government will also consider recommendations for alternative penalties for offenses under Section 39B of the Dangerous Drugs Act 1952 and 22 other offenses which carry the death penalty, but at the discretion of the court. – Bernama

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