Nations with shariah law have ratified UN convention against torture, govt told

PETALING JAYA: Many countries that practise caning and whipping, including those with shariah law, have ratified the United Nations Convention Against Torture (Uncat), Muda said today.

In a statement, central executive committee member Dobby Chew said that home minister Saifuddin Nasution Ismail should focus on the prevention of torture, the core message of Uncat, if the government was serious about ratifying it.

“The home minister should not be sidetracked by caning and whipping… (which) have always been an issue of contention within Uncat,” said Chew.

“However, this has not prevented numerous countries that impose caning and whipping in their jurisdiction from ratifying Uncat. This also includes countries that maintain and practise shariah law.”

Countries with shariah law that have ratified Uncat include Saudi Arabia, Indonesia, Egypt, Bahrain, Nigeria, Lebanon, Kuwait, Jordan, Tunisia and Morocco.

On Monday, Saifuddin told the Dewan Rakyat that Malaysia was unable to ratify Uncat because punishments meted out in the country’s criminal and shariah courts, such as caning and whipping, run afoul of Uncat’s rules.

He was responding to a question from Teresa Kok (PH-Seputeh) on whether Malaysia plans to ratify the convention.

Under Uncat, “torture” is defined as any act by which “severe pain or suffering is intentionally inflicted on a person” for reasons that include “punishing him for an act he or a third person has committed or is suspected of having committed”.

Chew also questioned another statement that Saifuddin made in the Dewan Rakyat that the authorities have not been responsible for any deaths at immigration and police detention centres since he took over the ministry in November 2022.

Chew said formal public inquiries should be held into custodial deaths, with those involved in torture and abuse in custody to be prosecuted.

“While it is commendable that deaths in police custody have been reduced according to government records, past custodial death cases remain unresolved – with perpetrators of torture and abuse in custody walking free,” Chew said.