Probe doctor, warden who
allowed unfit prisoners to
be whipped, says NGO
Hayat says the government should impose a moratorium on caning while it investigates and reviews existing SOPs.
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Hayat, an NGO advocating rehabilitative and restorative justice, said it was shocked by a “confession” on social media by an account holder claiming to be a doctor who conducted medical assessments on prisoners before they were whipped.
In the post, the doctor claimed to have postponed several whippings when first assigned to examine prisoners after finding that many of them had high blood pressure and diabetes.
The doctor alleged that the second time he was assigned to the prison, the chief warden gave him a “lecture” by stating that the prisoners to be whipped were guilty of murder, rape, and other crimes.
The doctor also claimed that the warden said some prisoners do not sleep at night, or fail to take their high blood pressure and diabetes medication, so as to get their sentences postponed.
“That second time, I approved all of them (whipping sentences). The prisoners were ‘healthy and could undergo the whipping sentence’,” he said.
In its statement, Hayat noted that there have been multiple cases of severe complications and death resulting from whipping in Malaysian prisons, such as Zaidi Abd Hamid’s demise in 2016 due to a post-whipping infection.
“The content of the post is highly disturbing and concerning as it indicates potential systemic flaws and potential abuses in how whipping is implemented in Malaysia,” said Hayat CEO Dobby Chew.
“The purpose of having a medical officer present to conduct an assessment is to ensure a prisoner is in a fit state of health for whipping.
“Any pre-existing conditions or chronic conditions that would render a person highly vulnerable to complications, long-term effects, or even death should have precluded a person from whipping.”
Chew said that while some chronic conditions such as diabetes or high blood pressure can be controlled by medication, “the underlying condition persists and continues to pose a risk to a person”.
He also called on the government to impose a moratorium on whipping while it investigates and reviews existing standard operating procedures.
First introduced by the British in the 19th century and codified under the 1871 Penal Code Ordinance of the Straits Settlements, whipping is still retained in many laws and is a sentence for more than 50 offences.
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