THE wrongful whipping of an Indonesian migrant worker shows the need to end corporal punishment, Malaysians Against Death Penalty and Torture (Madpet) said.

The umbrella group of 46 civil society organisations highlighted the case of Indonesian Sabri Umar, who was convicted and sentenced in a Tawau court on April 19 of entering the country illegally.

Sabri, who was unrepresented, was sentenced to 11 months imprisonment and five strokes of the rotan. 

He filed an appeal within days of his conviction but was whipped on June 23 before his appeal had been heard.

Madpet said the government must apologise immediately and also act against all those responsible for Sabri’s illegal whipping.

“The law in Malaysia clearly states that the sentence of whipping shall not be carried out until the appeal is heard and determined,” the group said, referring to section 311 of the Criminal Procedure Code (CPC).

Madpet also said the Immigration Department failed to disclose the truth about Sabri’s status, which led to his conviction, while the prosecution failed to investigate the case properly before charging him.

“A perusal of court records revealed that the immigration documents tendered to the court were false, as it stated that there were no records of entry and exit for Sabri. 

“However, Sabri had indeed been a documented migrant worker for the past seven years, and that he was in the employ of Fu Yee Corporation Sdn Bhd in Tawau, Sabah.

“Sabri’s work permit also had been renewed by the Immigration Department this year, and should reasonably be valid for a year,” Madpet said, adding that now that Sabri’s case has come to light, there is concern about whether others have been whipped before their appeal is heard.

“Whipping is a corporal punishment that inflicts serious physical and psychological injury, where victims are known to pass out even before the full sentence is carried out. 

“We call for the immediate abolition of whipping as a form of corporal punishment in Malaysia and for the government to immediately ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”

The Immigration Act 1959/63 was amended to allow whipping of undocumented migrants in August 2002.

According to Prisons Department records, 47,914 people were found to have violated the Immigration Act from 2002 to 2008. Of these, 34,923 were whipped. – July 23, 2022.