Caning in Singapore
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Caning in the city-state of Singapore is used as a form of judicial corporal punishment of men and boys for criminal offences.
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- "Caning" in the Singapore context can mean three quite different things: (1) A punishment of children by their parents, using a small rattan that is sold for this purpose in grocery stores; about 20% of parents were found to use this form of discipline in a survey ("Most parents here don't cane kids, shows study", Straits Times, 17 September 2004); (2) a formal corporal punishment in school, in the English tradition (for male students only); many secondary schools in the country punish significant misbehaviour with a long thin rattan applied to the boy's clothed buttocks; (3) a very severe punishment of male criminals, ordered by the courts under Singapore law. Only the third of these meanings, judicial caning, is covered in this article.
Judicial caning was introduced to Singapore by the British when they controlled Singapore as part of their colonial empire. Thousands of male criminals are caned in Singapore each year for both violent and non-violent offences such as vandalism, overstaying one's visa or illegal immigration.
Caning is never ordered on its own, but always as an addition to a prison sentence.
The subject to be caned is strapped in a bending-over position to a metal or wooden frame. The punishment is delivered to the bare buttocks, the number of strokes being specified in the court's sentence. The rattan cane is 1.2 metres (3.9 ft) long and up to 1.27 centimetres (0.5 in) thick,[1] considerably bigger and heavier than a school cane. The cane is soaked in water beforehand to prevent it from splitting and make it more flexible; the Prisons Department denies that the cane is soaked in brine, but notes that the cane is treated with antiseptic before use. Parts of the prisoner's body are padded to prevent accidental damaging of the kidneys and the genitals. Permanent scarring of the buttocks can occur in the case of a large number of strokes.
The punishment is carried out privately in a prison, in the presence of a prison officer and a medical officer. Contrary to widespread belief, it is never administered in public, and never has been. The caning is carried out in a single session, and not by 'instalments'.[2] Thus, a person sentenced to 24 strokes of the cane (the maximum possible sentence) will have the entire sentence carried out at once. The persons carrying out the caning are specially trained prison officers.
A smaller cane of "light rattan" is used for juvenile offenders[3] (boys under 16), who may be sentenced to caning only by the High Court and not by the local courts.
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[edit] Legislation
Sections 227 to 233 of the Criminal Procedure Code[4] addresses the caning procedures to be adhered to, including:
- The subject may be caned if he is male, is between the ages of 16 and 50, and is certified medically fit by a medical doctor.
- The subject will be caned up to a maximum of twenty-four strokes, irrespective of the total number of offences convicted.
- Should the subject be a youth, he may be caned up to ten strokes, using a light rattan.
- The subject will not be caned if he has been sentenced to death.
- The rattan shall be not more than 1.27 centimetres (0.5 in) in diameter.
The caning procedure will only be carried out in the presence of a medical doctor, who will certify the male subject prior to the caning procedure and check him after every stroke has been meted out. The doctor has the power to stop the punishment at any time, and his duties include medical treatment on completion of the punishment. Although caning is mandatory for certain offences, the legislation provides for exceptions to be made, which may come in the form of an alternative sentencing or it may be replaced by an imprisonment term of up to twelve months.
Foreigners convicted of breaking Singaporean law may also be subject to caning, provided that they are not female. Famous cases include American Michael P. Fay, whose conviction for vandalism and sentence of six strokes touched off a small diplomatic crisis between Singapore and the United States. The Singaporean government reduced Fay's caning from six to four strokes and he was caned on 5 May 1994.
[edit] Crimes which may result in caning
Caning in Singapore is mandatory for over 40 different offences including rape, robbery, drug-trafficking and vandalism (including spray painting or a second offence of affixing a poster to a wall). Caning is optional for many further offences including rioting and manslaughter. In practice, there are many cases where courts convict, but do not hand down a caning sentence, even where they are empowered to do so.
The list of crimes that may result in caning has increased steadily, as has the number of sentences handed out. In 1987, Singapore caned only 602 men and boys, but by 1993 the number had increased to 3,244.[5] Current figures are no longer published, but the total can safely be assumed to be higher yet as it is known that in 2004, 11,790 arrests were made for illegal immigration alone, a charge which carries a mandatory three-stroke minimum for males, with six to twelve strokes specified for repeat offenders.
- Illegal entry into Singapore: At least three strokes
- Unlawful overstay in Singapore for over ninety days: At least three strokes
- Unlawful possession or conveyance of any arms or ammunition: At least six strokes
- Offences relating to scheduled weapons: At least six strokes
- Trafficking in arms: At least six strokes
- Exhibiting imitation arms when committing scheduled offence: At least three strokes
- Outrage of modesty
- Rape: At least twelve strokes under aggravating circumstances
- Carrying, etc., offensive weapons, explosive, corrosive or inflammable substances in a proclaimed area
- Escaping Military Draft: up to twenty four strokes
- Vandalism: three to eight strokes
- Piracy (robbery committed at sea): At least twelve strokes
- Hijacking
- Rioting
- Attempt to murder
- Voluntarily causing grievous hurt
- Assault or use of criminal force to a person with intent to outrage modesty
- Assault or criminal force in committing or attempting to commit theft of property carried by a person
- Theft after preparation made for causing death or hurt in order to commit theft: At least three strokes
- Extortion
- Robbery: At least six strokes. If committed after 7 p.m. and before 7 a.m: At least twelve strokes
- Robbery when armed or with attempt to cause death or grievous hurt: At least twelve strokes
- Attempt to commit robbery: At least six strokes
- Voluntarily causing hurt in committing robbery: At least twelve strokes
- Gang-robbery: At least twelve strokes
- Belonging to gang-robbers: At least six strokes
- Dealing with Class A drugs : At least five strokes
- Dealing with Class B drugs : At least three strokes
- Dealing with Class C drugs : At least two strokes
- Importing drugs : At least five strokes
- Dealing more than a specified amount of certain drugs : At least fifteen strokes
- Dealing with explosives
- Dealing with dangerous fireworks for subsequent offence: Up to six strokes
- Using a corrosive or explosive substance or offensive weapon: At least six strokes
[edit] Exemptions from caning
None of the following persons shall be sentenced to caning:[6] (a) women; (b) males sentenced to death; (c) males whom the court considers to be more than 50 years of age.
[edit] Disciplinary use in prisons and the army
Under section 71(1) of the Prisons Act, prison superintendents may impose corporal punishment not exceeding twelve strokes of the cane for aggravated prison offences. This punishment can be imposed after due inquiry, during which the prisoner is given an opportunity to hear the charge and evidence against him and present his defence.
In the Singapore Armed Forces, courts martial may sentence up to 24 strokes of the cane (with a maximum of 12 strokes per offence) to any offender, although the caning is to be performed while clothed and with a smaller diameter cane. However, since 1990 there are no recent reports of caning being actually employed in the Army.
[edit] Objections to corporal punishment
Amnesty International has condemned the practice of caning in Singapore as "cruel, inhuman or degrading punishment". [7] Meanwhile, the practice is possibly a violation of Article 1 in the United Nations Convention Against Torture. However, Singapore is not a signatory of the convention.[8]
[edit] Notes
- ^ Prison Regulations 132(2)
- ^ Criminal Procedure Code, § 231
- ^ Criminal Procedure Code, § 229(4)
- ^ Singapore Criminal Procedure Code
- ^ US State Department, Singapore Human Rights Practices 1994
- ^ Criminal Procedure Code, § 231
- ^ "Amnesty International Report 2008: Singapore"
- ^ Status of Ratifications, Office of the United Nations High Commission of Human Rights.
[edit] External links
[edit] See also
[edit] References
- Singapore Amnesty International Report 2004, retrieved 6 November 2005
- Caning in Malaysia Liveleak.com, 3rd March 2007
