23/04/2026

THURSDAY | APR 23, 2026

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Corporal punishment may hinder rehabilitation: Lecturer

Ű BY KIRTINEE RAMESH newsdesk@thesundaily.com

PETALING JAYA: Malaysia debates the role of judicial caning in its justice system, experts have said punishment rooted in pain may not deter crime and could undermine rehabilitation. Universiti Malaya Faculty of Law senior lecturer and criminologist Dr Haezreena Begum Abdul Hamid said rehabilitation- based sentencing is more effective in reducing reoffending than corporal punishment. She cited international research, including guidance from the United Nations Office on Drugs and Crime, which highlights structured support, supervision, education, skills development and social reintegration as crucial for desistance. “Malaysian research on former prisoners similarly underscores the importance of life course factors and reintegrative support systems. “If the objective is not merely to punish, but also to reduce repeat offending, rehabilitation offers a more meaningful pathway than punishment based on pain.” As

o ‘Punishment that degrades rather than reforms may entrench resentment’

Chief Justice Wan Ahmad Farid Wan Salleh as well as Sabah and Sarawak Chief Judge Azizah Nawawi affirmed that sentencing policy falls under Parliament’s authority. Justice Lee Swee Seng dissented, describing caning as “cruel, inhuman and degrading”. He spoke of severe physical and psychological harm, citing a 2024 custodial death linked to whipping injuries. He also criticised inconsistent implementation, adding that it undermines equality before the law. Lee said corporal punishment has been abolished in countries such as the United Kingdom and urged Malaysia to move away from colonial-era practices. Public donations misused, not zakat funds, says MACC KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) has confirmed that a misappropriation case involving about RM230 million linked to an NGO involved public donations, not zakat funds. MACC chief commissioner Tan Sri Azam Baki said investigations found that the NGO received contributions from various sources, including commissions from certain collections, intended for those in need. “The funds did not reach their intended beneficiaries. Instead, some individuals allegedly diverted the money for personal use, including the purchase of luxury assets,” he said. Azam added that investigations are ongoing, with MACC expanding the scope of the probe to ensure transparency and accountability throughout the process, in line with the principles of integrity and good governance. Earlier, two men in their 50s and 60s, including an NGO deputy chairman, were remanded until Saturday to assist in the probe. Both suspects were arrested on Tuesday on suspicion of misappropriating about RM230 million in NGO funds. According to a source, two men were arrested in an operation around the Klang Valley while another man in his 50s was detained when he turned up to submit a statement at the Selangor MACC office. Preliminary investigations found that all suspects, two of whom are company directors, are believed to have conspired in the offence between 2018 and 2024. “Investigations found that the NGO deputy chairman is believed to have transferred RM230 million into his company’s account for investment and personal purposes. “Investigations are focusing on elements of public fund misappropriation as the NGO received public donations to assist those in need,” the source said. In the operation, MACC seized 18 luxury vehicles, as well as houses and properties worth about RM11 million. Other assets seized included cash and branded watches. A total of 33 bank accounts involving about RM120 million have also been frozen. – Bernama

constitutional rights.” He urged Parliament to revisit laws on whipping to align with international standards, although he also acknowledged that views remain divided. “Some feel that it reflects revulsion and demonstrates abhorrence of the offences committed.” Safeguards exist, including exemptions for women and requirements for medical officers to certify fitness before punishment. Courts may also revise sentences if health concerns arise. Malaysia’s highest court yesterday upheld the legality of judicial caning in a 2–1 ruling, finding that whipping does not breach the Federal Constitution.

“If a sentence is severe but does little to change behaviour or reduce recidivism, then we must question whether it is serving justice or merely performing severity.” Former Malaysian Bar president Salim Bashir said courts have traditionally avoided interfering in legislative policy unless constitutional rights are breached. “The Federal Court has taken the position not to encroach into the domain of legislative functions unless there is explicit contravention of

Haezreena raised concerns about long term psychological effects of caning, noting its association with humiliation, fear and stigma. “Punishment that degrades rather than reforms may entrench resentment and undermine reintegration,” she said, stressing that family ties, dignity and employability are vital for successful reintegration. She also said justice should be measured not only by severity, but also by whether it creates safer communities.

Federal Court upholds caning as constitutional

Ű BY THESUN TEAM newsdesk@thesundaily.com

prisoner’s freedom of movement, and does not suspend their other constitutional protections. He invoked international human rights standards, pointing to Article 5 of the Universal Declaration of Human Rights, which prohibits torture and cruel or inhumane treatment. He highlighted documented cases in which prisoners subjected to caning were left permanently disabled or died from complications, noting that inadequate medical care and poor prison conditions compound the harm. The applicants were originally sentenced to death – Sivachandran for murder, and Helmi and Kumanaan for drug trafficking offences. Their sentences were commuted to 30 years’ jail each in 2024 under transitional provisions introduced after Parliament abolished the mandatory death penalty in 2023. In addition, Helmi and Kumanaan were ordered to receive 24 strokes of the cane each, while Sivachandran was ordered to receive 12. Zaidi had been caned on Sept 25, 2024, and died from complications described as septic sequelae arising from blunt force trauma. The applicants were represented by lawyers N. Surendran and Rajesh Nagarajan while the prosecution was undertaken by DPPs Afzainizam Abdul Aziz and Fuad Abdul Aziz.

sentences overturned, contending that the punishment infringes upon their rights under articles 5 and 8 of the Constitution, which protect personal liberty and equality before the law respectively. Wan Ahmad Farid held that the mandatory caning provisions represent a proportionate exercise of legislative authority, serving the public interest through deterrence within a regulated sentencing framework. He further ruled that the applicants had not demonstrated that the exemption of women from caning amounted to gender-based discrimination under Article 8. On the death of inmate Zaidi Abdul Hamid at the Pokok Sena Prison in 2024, cited by the applicants as evidence of the lethal risk of caning, he said no medical evidence had been placed before the court linking his death directly to the punishment. He added that the applicants had failed to show caning posed a risk to their lives. In contrast, Lee’s dissent took a markedly different view, declaring laws permitting caning unconstitutional on the grounds that the practice is cruel, degrading and incompatible with human dignity. He argued that incarceration curtails only a

PUTRAJAYA: Malaysia’s highest court has upheld the legality of caning as a criminal punishment, ruling in a 2-1 majority decision that whipping sentences imposed on male convicts do not breach the Federal Constitution. Chief Justice Datuk Seri Wan Ahmad Farid Wan Salleh, delivering the majority opinion, said legislation that provides for caning, including the Dangerous Drugs Act 1952 and the Penal Code, remains valid and enforceable. He emphasised that determining the appropriateness of criminal penalties falls within Parliament’s domain, not the judiciary’s. “The doctrine of separation of powers dictates that it is not for the courts to substitute their own subjective moral preferences for the deliberate policy choices of the legislative branch,“ he said in dismissing review applications brought by three inmates. Sabah and Sarawak Chief Judge Datuk Azizah Nawawi sided with Wan Ahmad Farid while Justice Datuk Lee Swee Seng issued a dissenting opinion. J. Sivachandran, Helmi Anuar Kasim and A. Kumanaan had sought to have their caning

ADDICTS ARRESTED ... Terengganu National Anti-Drug Agency enforcement officers detaining a local resident believed to be a junkie who tried to escape during an operation conducted around Seri Bandi in Chukai yesterday. – BERNAMAPIC