Caning in Brunei

Last updated

Caning is used as a form of judicial corporal punishment in Brunei. This practice is heavily influenced by Brunei's history as a British protectorate from 1888 to 1984. Similar forms of corporal punishment are also used in two of Brunei's neighbouring countries, Singapore and Malaysia, which are themselves former British colonies.

Contents

The courts routinely sentence adult male criminals to caning for a wide range of offences similar to those punishable by caning in Malaysia. It is usually, or possibly always, ordered in addition to a prison sentence. In the case of juvenile male offenders, however, caning is sometimes ordered as a single punishment without the prison term. The procedure is generally similar to that in Singapore and Malaysia. [1]

Judicial caning under criminal law

Sections 257–260 of Brunei's Criminal Procedure Code lay down the procedures governing caning, which is referred to as "whipping" in the Code in accordance with traditional British legislative terminology. The procedures include the following:

Under Bruneian criminal law, offences punishable by caning include causing hurt, assault, theft, robbery, extortion, and trespassing. It is a mandatory punishment for certain offences such as rape, kidnapping, and overstaying one's visa. [7] [8] [9] [10] [11] [12] [13] Approximately 100 caning sentences are passed down every year in Brunei. [1] In 2007, 68 foreign workers were sentenced to caning for immigration offences. [14]

The modus operandi of judicial caning in Brunei appears to resemble that in Singapore more than that in Malaysia. It is not inflicted in instalments. [15] During the punishment, the offender is tied to a wooden frame in a bent-over position with his feet together, and receives strokes from the rattan cane on the bare buttocks. [4] The effects of caning, which include severe physical damage and permanent scarring, are generally the same across all the three countries. [16]

News reports from Brunei show that the Prison Department, from time to time, brings students on prison tours or hold talks in their schools to educate them on crime. During such visits, prison officials conduct demonstrations of caning on dummies. [17] [18] [19]

Comparison of judicial caning in Brunei, Malaysia and Singapore

Judicial caning is also used as a form of legal punishment for criminal offences in two of Brunei's neighbouring countries, Malaysia and Singapore. There are some differences across the three countries. [20]

BruneiMalaysiaSingapore
Sharia caningIn practiceIn practiceNot in practice
JuvenilesLocal courts may order the caning of boys below the age of 16. Juveniles are punished "in the way of school discipline" with their clothes on.Local courts may order the caning of boys below the age of 16. Juveniles are punished "in the way of school discipline" with their clothes on.Only the High Court may order the caning of boys below the age of 16.
Age limitMen above the age of 50 cannot be sentenced to caning.Men above the age of 50 cannot be sentenced to caning. However, the law was amended in 2006 such that men convicted of sex offences may still be sentenced to caning even if they are above the age of 50. In 2008, a 56-year-old man was sentenced to 57 years jail and 12 strokes of the cane for rape. [21] Men above the age of 50 cannot be sentenced to caning.
Maximum no. of strokes per trial24 strokes for adults; 18 strokes for juveniles24 strokes for adults; 10 strokes for juveniles24 strokes for adults; 10 strokes for juveniles
TerminologyThe official term is whipping in accordance with traditional British legislative terminology.The official term is whipping in accordance with traditional British legislative terminology. Informally, the term caning, as well as strokes of the cane and strokes of the rotan, is used.In both legislation and press reports, the term used is caning.
Dimensions of the caneAbout 1.2 m (3.9 ft) long and no more than 1.27 cm (0.5 in) in diameterAbout 1.09 m (3.6 ft) long and no more than 1.25 cm (0.49 in) in diameterAbout 1.2 m (3.9 ft) long and no more than 1.27 cm (0.5 in) in diameter
Type of caneThe same type of rattan cane is used on all offenders regardless of the offence committed.Two types of rattan canes are used: The smaller one is for white-collar offenders while the larger one is for other offenders.The same type of rattan cane is used on all offenders regardless of the offence committed.
Modus operandiThe offender is tied to a wooden frame in a bent-over position with his feet together. He has protective padding secured around his lower back to protect the kidney and lower spine area from strokes that land off-target.The offender stands upright at an A-shaped wooden frame with his feet apart and hands tied above his head. He has a special protective "shield" tied around his lower body to cover the lower back and upper thighs while leaving the buttocks exposed.The offender is tied to the trestle in a bent-over position with his feet together. He has protective padding secured around his lower back to protect the kidney and lower spine area from strokes that land off-target.

Caning under sharia law

In 2014, the Sultan of Brunei advocated the adoption of a sharia (syariah in Bahasa Melayu Brunei) penal code, which included whipping (caning) for certain offences. In February that year, an 18-member Bruneian delegation visited Saudi Arabia to learn about the implementation of the sharia penal code. [22] The sharia penal code was enacted in 2014 [23] and prescribes sharia-style whipping of up to 100 strokes for certain offences. [24] [25]

Reformatory corporal punishment

Juvenile male offenders in reformatory institutions may be punished by "whipping with a light cane" for serious breaches of discipline. The maximum number of strokes allowed is ten if the offender is above 14, and six if the offender is 14 and below. A medical officer is required to be present to supervise the punishment. [26]

International criticism

Amnesty International considers Brunei's practice of judicial caning a form of torture, and points out that the sharia penal code contains provisions that violate human rights. However, Brunei has not ratified the United Nations Convention against Torture. [27] In May 2013, Brunei elicited strong criticisms from internet users in Thailand after it sentenced two Thai nationals to imprisonment and three strokes of the cane each for overstaying their visa. [28]

See also

Related Research Articles

A misdemeanor is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions and regulatory offences. Typically misdemeanors are punished with monetary fines or community service.

Corporal punishment Form of physical punishment that involves pain

A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on minors, especially in home and school settings, its methods may include spanking or paddling. When it is inflicted on adults, it may be inflicted on prisoners and slaves.

Flagellation Whipping as a punishment

Flagellation, flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging is imposed on an unwilling subject as a punishment; however, it can also be submitted to willingly for sadomasochistic pleasure, or performed on oneself, in religious or sadomasochistic contexts.

Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison either for the rest of their natural lives or until pardoned, paroled or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, attempted murder, conspiracy to commit murder, apostasy, terrorism, severe child abuse, rape, child rape, espionage, treason, high treason, drug dealing, drug trafficking, drug possession, human trafficking, severe cases of fraud, severe cases of financial crimes, aggravated criminal damage in English law, and aggravated cases of arson, kidnapping, burglary, or robbery which result in death or grievous bodily harm, piracy, aircraft hijacking, and in certain cases genocide, ethnic cleansing, crimes against humanity, certain war crimes or any three felonies in case of three-strikes law. Life imprisonment can also be imposed, in certain countries, for traffic offenses causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884.

Caning Punishment method

Caning is a form of corporal punishment consisting of a number of hits with a single cane usually made of rattan, generally applied to the offender's bare or clothed buttocks or hands. Caning on the knuckles or shoulders is much less common. Caning can also be applied to the soles of the feet. The size and flexibility of the cane and the mode of application, as well as the number of the strokes, vary greatly — from a couple of light strokes with a small cane across the seat of a junior schoolboy's trousers, to a maximum of 24, very hard, wounding cuts on the bare buttocks with a large, heavy, soaked rattan as a judicial punishment in some Southeast Asian countries.

Mandatory sentence requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.

Caning in Singapore Corporal punishment

Caning is a widely used form of corporal punishment in Singapore. It can be divided into several contexts: judicial, prison, reformatory, military, school, and domestic. These practices of caning as punishment were introduced during the period of British colonial rule in Singapore Similar forms of corporal punishment are also used in some other former British colonies, including two of Singapore's neighbouring countries, Malaysia and Brunei.

Capital punishment is a legal penalty in Singapore. Each execution in Singapore is usually carried out by long drop hanging in Changi Prison at dawn on a Friday, except once on 20 May 2016 when the execution of Kho Jabing was carried out at 3:30 pm after his appeal for a stay of execution was dismissed that same morning. In a survey done in 2005 by the Straits Times, 95% of respondents believe that Singapore should retain the death penalty. Most recently, in 2020, the support for capital punishment in Singapore has tallied to around 80%.

Criminal law of Singapore Laws of Singapore

Although the legal system of Singapore is a common law system, the criminal law of Singapore is largely statutory in nature. The general principles of criminal law, as well as the elements and penalties of general criminal offences such as assault, criminal intimidation, mischief, grievous hurt, theft, extortion, sex crimes and cheating, are set out in the Penal Code. Other serious offences are created by statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act.

Penal Code (Singapore) Criminal code of Singapore

The Penal Code of Singapore sets out general principles of the criminal law of Singapore, as well as the elements and penalties of general criminal offences such as assault, criminal intimidation, mischief, grievous hurt, theft, extortion, sex crimes and cheating. The Penal Code does not define and list exhaustively all the criminal offences applicable in Singapore – a large number of these are created by other statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act.

Capital punishment, also called the death penalty, is a legal penalty in Malaysia which is currently on moratorium. It is a mandatory sentence for 12 offences including murder, drug trafficking, treason, acts of terrorism, waging war against Yang di-Pertuan Agong, and, since 2003, for rapists that cause death and child rapists. There are 33 offences for which it is possible.

Vandalism Act Statute of the Parliament of Singapore

The Vandalism Act is a statute of the Parliament of Singapore that criminalizes a number of different acts done in relation to public and private property, namely, stealing, destroying or damaging public property; and, without the property owner's written consent, writing, drawing, painting, marking or inscribing on property; affixing posters, placards, etc., to the property; and suspending or displaying on or from the property any flag, banner, etc.

Caning in Malaysia Corporal punishment

Caning is used as a form of corporal punishment in Malaysia. It can be divided into at least four contexts: judicial/prison, school, domestic, and sharia/syariah. Of these, the first is largely a legacy of British colonial rule in the territories that are now part of Malaysia, particularly Malaya. Similar forms of corporal punishment are also used in some other former British colonies, including two of Malaysia's neighbouring countries, Singapore and Brunei.

Judicial corporal punishment Punitive practice

Judicial corporal punishment (JCP) is the infliction of corporal punishment as a result of a sentence by a court of law. The punishments include caning, bastinado, birching, whipping, or strapping. The practice was once commonplace in many countries, but over time it has been abolished in most countries, although still remaining a form of legal punishment in some countries including a number of former British colonies and Muslim-majority states.

Code of Criminal Procedure (India)

The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.

Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.

Women in Brunei

Women in Brunei are women living in Brunei Darussalam. In Brunei, women are regarded as persons of "very high status". The U.S. Department of State has stated that discrimination against women is a problem in Brunei.

The Penal Code of Romania is a document providing the legal basis regarding criminal law in Romania. The Code contains 446 articles. The articles mention aspects such as the national boundaries of law and the crimes that fall under the incidence of penal law. Judicial discretion is granted by the Code through the use of minimum and maximum sentences. The most recent version of the Romanian Penal Code has come into effect on 1 February 2014.

Arms Offences Act Statute of the Parliament of Singapore

The Arms Offences Act is a statute of the Parliament of Singapore that criminalizes the illegal possession of arms and ammunition and the carrying, trafficking, and usage of arms. The law is designed specifically to make acts of ownership, knowingly receiving payment in connection with the trade of a trafficked armaments and ammunition, as well as the unlawful usage of arms and ammunition a criminal offence.

Capital punishment for non-violent offenses is allowed by law in many countries.

References

  1. 1 2 Farrell, C. (October 2016). "Brunei: Judicial CP". World Corporal Punishment Research. Retrieved 18 February 2017.
  2. Criminal Procedure Code 258.
  3. 1 2 3 Criminal Procedure Code 257.
  4. 1 2 3 Prisons Rules 129(3).
  5. Criminal Procedure Code 259.
  6. Criminal Procedure Code 260.
  7. Criminal Procedure Code, pp. 245–261.
  8. Faisal, Fadley (14 March 2013). "Three foreigners guilty of overstaying". Borneo Bulletin. Retrieved 18 February 2017.
  9. Faisal, Fadley (1 March 2013). "17 years, 12 strokes for raping daughter". Borneo Bulletin. Retrieved 18 February 2017.
  10. "Arson: 22-year-old gets five years, six strokes". The Brunei Times. 20 October 2013. Retrieved 18 February 2017.
  11. Faisal, Fadley (20 October 2014). "Thief sentenced to 6 years jail, 12 strokes". Borneo Bulletin. Retrieved 18 February 2017.
  12. Faisal, Fadley (16 May 2012). "No Escaping The Long Arm Of The Law". Brudirect. Retrieved 18 February 2017.
  13. Faisal, Fadley (7 March 2014). "Seven armed robbers get jail, whipping". Borneo Bulletin. Retrieved 18 February 2017.
  14. "68 illegal workers caned in Brunei". The Straits Times. 25 December 2007. Retrieved 19 February 2017.
  15. Prisons Rules 130.
  16. Farrell, C.; Investigator (September 2012). "Judicial caning in Singapore, Malaysia and Brunei". World Corporal Punishment Research. Retrieved 18 February 2017.
  17. Taib, Azrina (16 September 1998). "Painful lessons of crime". Borneo Bulletin. Retrieved 18 February 2017.
  18. Tanjong, Achong (31 January 2003). "A peek inside prison". Borneo Bulletin. Retrieved 18 February 2017.
  19. Kon, James (6 May 2004). "Anti-drug talk at Dato Basir Primary School". BruneiDirect.com. Retrieved 18 February 2017.
  20. "Judicial Caning in Singapore, Malaysia and Brunei #Some Differences Between Singapore and Malaysia". World Corporal Punishment Research. September 2012. Retrieved 25 January 2015.
  21. "57 years jail and 12 strokes for raping relative". The Star. Kuala Lumpur. 30 April 2008. Retrieved 24 January 2015.
  22. Yunus, Fadhil (13 February 2014). "Minister briefed on punishments under Syariah Penal Code". Borneo Bulletin. Bandar Seri Begawan. Retrieved 18 February 2017.
  23. Westcott, B. (27 March 2019). "Brunei to punish gay sex and adultery with death by stoning". CNN. Retrieved 28 March 2019.
  24. Syariah Penal Code Order, 2013. Retrieved 28 March 2019 from Attorney General's Chambers, Brunei Darussalam.
  25. Syariah Courts Criminal Procedure Code Order, 2018. Retrieved 28 March 2019 from Attorney General's Chambers, Brunei Darussalam.
  26. "Criminal Procedure Code (Chapter 7): Youthful Offenders (Places of Detention Rules)". 1 October 2001. Retrieved 18 February 2017.
  27. "Amnesty International Report 2014/15 - Brunei Darussalam". Amnesty International. 25 February 2015. Retrieved 18 February 2017.
  28. Maierbrugger, Arno (24 May 2013). "Brunei caning astonishes business world". investvine. Retrieved 18 February 2017.