Women’s rights groups, the legal fraternity and politicians – one voice in hitting out at the caning of two women.
- Justice for Sisters: Shocking, a spectacle, a regression for human rights
- Rights group SIS: Unlawful
- Rembau MP Khairy Jamaluddin: Should not have been done
- Eric Paulsen of Fortify Rights: A huge blot on Malaysia Baru, can be unconstitutional
- Wanita MCA chairman Datuk Heng Seai Kie: Violates Federal Constitution
- Social activist Marina Mahathir: We’re okaying violence
- Lawyer Latheefa Koya: UnIslamic
- Joint Action Group for Gender Equality (JAG): Increases shame, harm, and trauma
- Klang MP Charles Santiago: Shocking, outrageous
- Muslim activist Ahmad Farouk Musa: We’re regressing to the Middle Ages
The Kuala Terengganu Syariah High Court had the duo, aged 32 and 22, caned yesterday morning in front of 100 witnesses for attempting to have lesbian sex.
“The punishment was shocking and it was a spectacle,” Thilaga Sulathireh, an activist from Justice for Sisters was quoted as saying.
“For all intents and purposes, it was a public caning. This case shows a regression for human rights. Not only for LGBT people but for all persons because corporal punishment affects all people.”
The Justice for Sisters activist, who was in court yesterday, said the group was concerned the case would set a dangerous precedent for the increased policing of morality and sexual identities in the country.
Sisters in Islam said the punishment could only be carried out against prisoners, but the duo was not imprisoned after they were charged and found guilty.
“Prison Act 1955 and Prison Regulations 2000 stipulates that caning can only be carried out against prisoners,” the two groups said in a joint statement.
“As the sentences of the two women did not include imprisonment, they were not considered prisoners as defined by the Prison Act and Prison Regulations.
“This, despite the fact that they were sentenced to caning. The Kuala Terengganu Syariah High Court and Malaysian Prisons Department, therefore, may have acted against the law in its execution today.”
They also pointed out that Malaysia’s laws are inconsistent when it comes to caning women, with Section 289 of the Criminal Procedure Code prohibiting corporal punishment against female prisoners, but at the same time punishment is allowed under Syariah law.
They also questioned Putrajaya’s involvement in the events, since it was carried out by an officer from the Prisons Department under the Home Ministry.
“Questions are raised on why the execution was authorised and officers from the department appointed to carry out the sentence,” they said.
The two women were punished with six strokes of the cane administered by a female caning officer from the Kajang Prison, under Sections s30 and 59(1) of the Syariah Criminal Offences Enactment (Takzir) (Terengganu) 2001.
Rembau MP Khairy Jamaluddin also criticised the public caning.
“There are other ways to handle the LGBT issue. Although it is manifested in the laws, carrying out public caning should not have been done.
“Islam teaches us to look after the dignity of every human being. And that mercy is preferable to punishment,” Khairy wrote on his Twitter account.
Fortify Rights legal director Eric Paulsen told The Sun in a Whatsapp message that the sentencing was a huge blot on Malaysia Baru.
“Caning should not be carried out in public as it will then become a spectacle where people can possibly photograph and video the event, thus aggravating the punishment and humiliation.
“Although caning as a form of punishment is not illegal under Malaysian law, caning done in public, with the aggravated effects of public humiliation can be unconstitutional, infringing Article 5, Right to Life and Article 8, Equality under the Federal Constitution,” he added.
Bar Council president George Varughese had earlier called on the federal and state governments to impose an immediate moratorium against all forms of corporal punishment and to repeal provisions for such punishment in all legislation.
“It is imperative that the Federal and State governments take the necessary legislative and administrative measures to ensure that no person in this country is subjected to any form of torture or other cruel, inhuman or degrading treatment or punishment,” he added.
Wanita MCA chairman Datuk Heng Seai Kie says the public caning violates the Federal Constitution.
“MCA has consistently raised concerns that the implementation of hudud enactments will encroach into the civil sphere and is thus unconstitutional.
“This latest public caning and shaming in Terengganu under the PAS government is another example of unconstitutional punishments,” she said in a statement on Monday (Sept 3).
Heng called for action to be taken against the Terengganu Bar Committee chairman Sallehudin Harun whom she said supported the punishment.
“I am sure the public expects him to ensure the laws are adhered to, and to condemn the enforcers where the law is violated.
“More so, as Bar Council is often viewed as standing up for human rights, the public expects the Terengganu chapter to also uphold women’s dignity and the law.
“Wanita MCA does not support, much less promote the LGBT lifestyle, but neither do we support witch hunting, snoop squads out to bust into people’s personal space and public stigmatisation,” she said.
Prominent social activist Marina Mahathir says the whipping sentence will send a signal that Malaysia tolerates violence on sexual minorities.
“There will be lifetime emotional scarring and stigma for the two women,” Marina told FMT.
She added that the authorities were giving a signal that violence against sexual minorities was acceptable.
Lawyer Latheefa Koya, who heads rights group Lawyers for Liberty, said the punishment on the duo was “unIslamic”.
She described the argument that shariah-style caning would not hurt the women, and that it had taken into account their privacy, as “utterly ridiculous”.
She said such a punishment was similar to actions by Saudi Arabia and the IS group who were “well known…for their horrendous human rights transgressions”.
“(It) does not bode well for the way Islam in Malaysia is progressing,” she said.
The view echoes a statement by the Joint Action Group for Gender Equality (JAG), which said the whipping sentence “increases shame, harm, and trauma” to the women.
JAG also questioned their court process, saying there was a possibility the women had not truly understood the gravity of their charge.
Klang MP Charles Santiago called the caning “shocking”.
“One would think that such a sentence would only be meted out in Saudi Arabia,” the DAP lawmaker said in a statement.
He said the punishment was a form of torture and outrageous as it was meted out to humiliate them and their families.
It was also against the spirit of Malaysia which wants to ratify the United Nations Convention Against Torture this year, he said.
He said criminalising consensual sex between the two adults was a violation of international human rights law and the United Nations Convention on the Elimination of All Forms of Discrimination against Women, which Malaysia has ratified.
“It’s most worrying that we are witnessing a rise in anti-LGBT (lesbian, gay, bisexual, transgender) sentiments over the last few months,” he said.
Santiago pointed out that one transgender woman was beaten up by eight men last month and suffered broken bones.
There were many other similar cases in the last one year.
“We need to stop targeting the LGBT community. We need to stop invading their privacy. We need to stop abusing them.
“We need to grow up as a society and learn to embrace diversity,” he said.
He urged the new Pakatan Harapan government, which was voted in on the premise of inclusion, to repeal all laws that criminalised homosexuality without delay.
Muslim activist Dr Ahmad Farouk Musa condemned the public caning, calling it a sign that Malaysia is “regressing to the Middle Ages”.
In a statement to FMT, Farouk whose group Islamic Renaissance Front has frequently spoken out against the repression of Muslims by Islamic agencies, said no one deserved to be subjected to degrading or humiliating punishment.
“What happened in Terengganu was clearly against the standard of human rights in this century.
“We should be ashamed of ourselves for allowing such humiliating treatment of our sisters.”
Farouk said the public caning contravened Article 5 of the Universal Declaration of Human Rights which states that no one shall be subjected to torture or to cruel, inhumane or degrading punishment or treatment.
“At a time when Malaysia would like to posture as a modern, civil and moderate government, this episode paints a black picture of this country,” he said.
“Although it happened in a state not governed by the federal government, such degrading laws should not be allowed in this country.
“Today is a dark day for human rights in Malaysia,” he said, adding that such an inhumane act done in the name of religion would only bring shame to Muslims along with the entire nation.
Related reports:
Sept 3, Public Caning of Lesbians
Aug 29, Amnesty Malaysia Urges Govt to Quash Caning Sentence of Lesbian Couple
Aug 28, Caning of Lesbian Couple Delayed by ‘Technical’ Issues
Aug 15, Two Women Sentenced to Caning for Lesbian Sex in Terengganu