MALAYSIA’S first public caning, held in a courtroom at the Terengganu shariah court today, marks a dark chapter in this nation’s history.

The harsh sentence of six strokes carried out in a public courtroom demonstrated abhorrently little regard for the dignity of the two women who were sentenced under Sections 30 and 59(1) of the Shariah Criminal Offences (Takzir Terengganu) Act.

The caning proceeded despite huge protests by diverse actors in civil society, and clear recommendations by human rights and legal advocates to end the practice of whipping and caning in the criminal justice system, as they are forms of cruel, inhumane or degrading treatment.

What transpired today was a spectacle executed in front of more than 100 attendees, who gathered in the courtroom to witness the event. The women were hounded by the media the moment they arrived at the high court.

Leading up to the execution, news circulated on social media, with some parties calling on members of the public to attend the session in support of state action against the LGBT community. This included incitement by state government agency Institut Modal Insan Terengganu Sejahtera for mass attendance as a sign of “anti-LGBT solidarity”.

The lead up to and unfolding of this event signals an alarming increase in the targeting of marginalised individuals. It also signals the state’s complicity in inciting public participation in violence, and the normalising of violence as a form of education.

Presiding judge Amarul Azmi told the courtroom that the execution was intended as a reminder and deterrent to the public. This was reiterated by the state exco in charge of shariah implementation, Saiful Bahri Mamat, at a press conference later. They added that the execution was to demonstrate to the public how shariah caning was supposedly “kinder” compared to caning executed under civil law.

Remarks by the judge and exco – that shariah caning was not intended to cause pain to or harm the women – directly contradict the degree of humiliation they faced today from the orchestrated spectacle, and the resulting psychological and emotional impact. The state’s actions here are responsible for the violence of the trauma and the humiliation inflicted on the two women, as well as society at large.

The caning was executed by officers from the Prisons Department, an agency under the Home Ministry. Observing from the courtroom public gallery, it was evident that the force in the caning of the two differed, with one clearly caned harder than the other.

Saiful, while acknowledging the noticeable discrepancy in the caning, said issues surrounding the execution of the punishment were under the jurisdiction of the Prisons Department. This raises serious concerns regarding the uneven and unacceptable standards of accountability in the execution of justice not just under the shariah legal system, but the legal justice system as whole in this country.

Saiful said today’s caning should pave the way for future caning under shariah law. He did not rule out the use of public caning in other cases, and the sentence can be carried out in any location determined by the court, as outlined in Section 125 of the Shariah Criminal Procedure Enactment 2001.

The judge and exco emphasised that the two women had pleaded guilty and accepted the punishment, as they did not file an appeal within 14 days, indicating their sincerity and repentance. It is vital to note that the women had no legal representation, which grossly impacted the protection of their right to a fair trial and justice, and the resulting long-term impact.

Despite this critical deficiency, the court proceeded with the punishment, which is now the most degrading and cruel form of public sentencing in Malaysia’s history.

LGBT persons have limited access to redress and justice. Finding a shariah lawyer for LGBT-related cases is extremely challenging. This is compounded by other factors, including lack of family support, social stigma and lack of resources due to multiple forms of discrimination.

This case demonstrates multiple failures in the justice system, and the complicity and intention of the state in targeting and persecuting already marginalised members of the community, and in creating conditions for the public acceptance of violent and humiliating treatment, cloaked in the ironic language of “kindness” and “compassion”. It sets a dangerous precedent for the increased policing of morality and sexual identities in Malaysia.

We call on all members of the Malaysian public to unequivocally reject such a violent trajectory.

We further call on our elected leaders to take immediate and committed action to end and eliminate all forms of state-sanctioned moral policing, and the erosion of fundamental rights and freedoms, and to cease the cruel, inhumane and degrading practice of whipping and caning in the criminal justice system.

The recognition and protection of human dignity is a fundamental principle enshrined in the federal constitution, widely ratified human rights instruments, as well as all religions. There is no justification for the deliberate humiliation, harm and degradation that took place in Terengganu today. – September 3, 2018.

* Justice for Sisters, LGBT groups and individuals in Malaysia.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.