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Oludare Padilla
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.[1] Similar forms of corporal punishment are also used in some other former British colonies, including two of Singapore's neighbouring countries, Malaysia and Brunei.
Of these, judicial caning is the most severe. It is applicable to only male convicts under the age of 50 for a wide range of offences under the Criminal Procedure Code, up to a maximum of 24 strokes per trial. Always ordered in addition to a prison sentence, it is inflicted by specially trained prison staff using a long and thick rattan cane on the prisoner's bare buttocks in an enclosed area in the prison. Male criminals who were not sentenced to caning earlier in a court of law may also be punished by caning in the same way if they commit aggravated offences while serving time in prison. Similarly, male juvenile delinquents in reformatories may be punished by caning for serious offences.
Servicemen in the Singapore Armed Forces (SAF) who commit serious military offences may be sentenced by a military court to a less severe form of caning in the SAF Detention Barracks, which houses military offenders.
In a much milder form, caning is used as a disciplinary measure in schools. Boys aged between 6 and 19 may be given up to three strokes with a light rattan cane on the buttocks over clothing or the palm of the hand as a punishment for serious misconduct, often as a last resort. As the law does not allow schools to cane girls, they receive alternative forms of punishment such as detention or suspension.
A smaller cane or other implement is often used by some parents to punish their children. This practice is allowed in Singapore but not encouraged by the government. The Singaporean government has stated that in its opinion, the Convention on the Rights of the Child does not prohibit "the judicious application of corporal punishment in the best interest of the child."[2]
Caning, as a form of legally sanctioned corporal punishment for convicted criminals, was first introduced to Malaya and Singapore during the period of British colonial rule in the 19th century. It was formally codified under the Straits Settlements Penal Code Ordinance IV in 1871.[1]
In that era, offences punishable by caning were similar to those punishable by birching or flogging (with the cat o' nine tails) in England and Wales. They included robbery, aggravated forms of theft, burglary, assault with the intention of sexual abuse, a second or subsequent conviction of rape, a second or subsequent offence relating to prostitution, and living on or trading in prostitution.[1]
Caning remained on the statute book after Malaya became independent from Britain in 1957, and after Singapore ceased to be part of Malaysia in 1965. Subsequent legislation has been passed by the Parliament of Singapore over the years to increase the minimum strokes an offender receives, and the number of crimes that may be punished with caning.[1]
Singapore has not signed or ratified a number of international human rights treaties which prohibit the use of corporal punishment. These include the International Covenant on Civil and Political Rights, the Convention Against Torture and the International Convention for the Protection of All Persons from Enforced Disappearance.[12]
It was not uncommon for the courts to extend, by up to 12 months,[13] the prison terms of offenders originally sentenced to caning but later found to be medically unfit to undergo the punishment. However, on 9 May 2017, the High Court ruled that the courts should not automatically impose an additional jail term in lieu of caning unless there are reasons to do so.[14] According to judicial indicative guidelines, in situations where the court has to extend a convict's prison term in lieu of caning, the extension will range from nine to 12 months when the case involves more than 19 strokes of the cane.[15]
While most of Singapore's laws on offences punishable by caning were inherited from the British legal system through the Indian Penal Code, the Vandalism Act was only introduced in 1966 after independence, in what has been argued[19] to be an attempt by the ruling People's Action Party (PAP) to suppress the opposition's activities in the 1960s because opposition supporters vandalised public property with anti-PAP graffiti. Vandalism was originally prohibited by the Minor Offences Act, which made it punishable by a fine of up to S$50 or a week in jail, but did not permit caning.[19] Today, the Vandalism Act imposes a mandatory caning sentence of between three and eight strokes for a conviction of vandalism. Caning is not imposed on first-time offenders who use delible substances (e.g. pencil, crayon, chalk) to commit vandalism.[20]
Beginning in the 1990s, the higher courts have been more inclined to impose caning sentences in cases where caning is a discretionary punishment. For example, in 1993, an 18-year-old molester was initially sentenced to six months' imprisonment but he appealed against his sentence. Chief Justice Yong Pung How not only dismissed his appeal, but also added three strokes of the cane to the sentence. This precedent set by the Chief Justice became a benchmark for sentences in molestation cases, where the court is expected to sentence a molester to at least nine months' imprisonment and three strokes of the cane if the offence involves touching the victim's private parts.[21]
In some cases, male employees can be sentenced to caning for offences committed by the company they work for. For instance, the Dangerous Fireworks Act states that caning is mandatory for a manager or owner of a company which imports, delivers or sells dangerous fireworks. Another example is the transporting of illegal immigrants; a manager of a company who authorises or participates in such activity can be sentenced to caning.[21] In July 1998, police reported six cases of employers sentenced to imprisonment and caning for hiring illegal immigrants.[22]
Caning takes place at several institutions around Singapore, most notably Changi Prison, and including the now defunct Queenstown Remand Centre, where Michael Fay was caned in 1994. Canings are also administered in Drug Rehabilitation Centres.
Most caning sentences are far below the legal limit of 24 strokes. Although sentences of between three and six strokes are much more common, they usually receive less or no coverage by the media. Normally, only the more serious cases involving heavier sentences will have a greater tendency to be reported in the press.[35]
The prison officers who administer caning are carefully selected and specially trained for the job. They are generally physically fit and strongly built. Some hold high grades in martial arts even though proficiency in martial arts is not a requirement for the job.[36] They are trained to use their entire body weight as the power behind every stroke instead of using only the strength from their arms,[37] as well as to induce as much pain as possible. They can swing the cane at a speed of up to 160 km/h (99 miles per hour)[38] and produce a force upon impact of at least 880 N.[39]
A rattan[40] cane, no more than 12.7 mm (0.5 inches) in diameter[8] and about 1.2 m (3.9 feet) in length, is used for judicial and prison canings. It is about twice as thick as the canes used in the school and military contexts. The cane is soaked in water overnight to make it supple and prevent it from splitting and embedding splinters in the wounds.[37] The Prisons Department denies that the cane is soaked in brine, but has said that it is treated with antiseptic before use to prevent infection.[41] A lighter cane is used for juvenile offenders.[8]
Caning is, in practice, always ordered in addition to a jail sentence, and not as a punishment by itself. Those who are sentenced to caning and are in the process of appealing against their sentences do not have their sentences carried out while pending the outcome of their appeals. Similarly, during the period before the convicts' deadlines of their appeal notices, caning is not carried out until the deadline expires and with the convict not making a notice of appeal.
It is administered in an enclosed area in the prison out of the view of the public and other inmates.[10] However, anecdotal evidence suggests that the offender, while waiting in a queue for his turn to be caned, has the chance to observe[42] or hear the screams and cries of those before him getting caned.[43] The order is determined by the number of strokes the offender is receiving, with the largest number going first.[44] A medical officer and the Superintendent of Prisons are required to be present at every caning session.[45]
The offender is not told in advance when he will be caned; he is notified only on the day his sentence is to be carried out.[46] Offenders often undergo a lot of psychological distress as a result of being put into such uncertainty.[38] On the day itself, the medical officer examines him by measuring his blood pressure and other physical conditions to check whether he is medically fit for the caning. If he is certified fit, he proceeds to receive his punishment; if he is certified unfit, he is sent back to the court for the sentence to be remitted or converted to additional time in prison. A prison officer confirms with him the number of strokes he has been sentenced to.[47]
In practice, the offender is required to strip completely naked for the caning. Once he has removed his clothes, he is restrained in a large wooden trestle based on the British dual-purpose prison flogging frame. He stands barefooted on the trestle base and bends over a padded horizontal crossbar on one side of the trestle, with the crossbar adjusted to around his waist level. His feet are tied to a lower crossbar on the same side by restraining ankle cuffs made of leather, while his hands are secured to another horizontal crossbar on the other side by wrist cuffs of similar design; his hands can hold on to the crossbar. After he is secured to the trestle in a bent-over position at an angle of close to 90 at the hip, protective padding is tied around his lower back to protect the vulnerable kidney and lower spine area from any strokes that might land off-target.[41][48] The punishment is administered on his bare buttocks[49] to minimise the risk of any injury to bones and organs.[10] He is not gagged.[41]
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