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Caning in Singapore
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Caning is used widely as a form of legalised corporal punishment in the island-state of Singapore. It can be subdivided into several contexts, namely domestic/private, school, reform school, military and judicial.
Of these, judicial caning, for which Singapore is best known, is the most severe. It is reserved for male criminals aged under 50, for at least 30 different offences under the Criminal Procedure Code. Caning is also a legal form of punishment for delinquent male members of the military (Singapore Armed Forces), and also in reform schools and as a form of prison disciplinary measure.
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Encyclopedia
Caning is used widely as a form of legalised corporal punishment in the island-state of Singapore. It can be subdivided into several contexts, namely domestic/private, school, reform school, military and judicial.
Of these, judicial caning, for which Singapore is best known, is the most severe. It is reserved for male criminals aged under 50, for at least 30 different offences under the Criminal Procedure Code. Caning is also a legal form of punishment for delinquent male members of the military (Singapore Armed Forces), and also in reform schools and as a form of prison disciplinary measure. In a somewhat milder form, caning is used to punish misbehaving male students in many Singaporean schools.
A much smaller cane is also used by some parents as a punishment for their children of either sex. This is not outlawed in Singapore.
Judicial Caning
History
Caning, as a form of legally sanctioned corporal punishment for convicted criminals, was first introduced to Singapore and Malaysia (then part of British Malaya) during the British colonial days. It was formally codified as a form of corporal punishment under the Straits Settlements Penal Code Ordinance IV.
During that era, offences leading to caning were similar to those in England and Wales, and included:
- Robbery
- Aggravated forms of theft
- Breaking and entering a house
- Assault with the intention of outraging the victim’s modesty
- A second or subsequent conviction of rape
- A second or subsequent offence relating to prostitution
- Living on or trading in prostitution
Caning remained on the statute book after Malaysia declared independence from Britain, and likewise in Singapore after it declared independence from Malaysia. Subsequent legislation has been passed by the Singaporean Parliament over the years to increase the minimum strokes an offender receives, and the number of crimes that may be punished with caning.
Legal Basis
Sections 227 to 233 of the Criminal Procedure Code addresses the caning procedures to be adhered to, including:
- A convicted male criminal who is between the ages of 18 and 50 and has been certified medically fit by a medical officer may be subjected to judicial caning.
- He will receive a maximum of 24 strokes of the cane on any one occasion, irrespective of the total number of offences convicted.
- If the offender is under 18 he may receive up to 10 strokes of the cane, but a lighter rattan cane will be used in this case.
- He will not be caned if he has been sentenced to death.
- The thickness of the rattan cane shall not exceed in diameter.
Caning is never ordered as a punishment by itself; it is always in addition to a prison sentence. A convicted criminal not sentenced to caning may also be caned in prison for breaking prison rules.
Offences punishable by caning
Singaporean law has allowed caning to be administered for over 30 offences, including robbery, gang robbery with murder, and other offences committed while a convicted criminal is incarcerated. Caning is also a mandatory punishment for certain offences such as rape, drug trafficking and even for foreigners who overstay their visa.
Statistics
In 1993 the number of criminals caned was 3,244.
6,404 criminals were sentenced to caning in 2007. Of these, about 95% were actually implemented.
The cane
A rattan cane long and up to thick is used for prison and judicial canings. It is larger and heavier than the canes used in the domestic and school contexts. The cane is soaked in water beforehand to prevent it from splitting when it comes into contact with the prisoner’s buttocks, as well as to make it more flexible. The Prisons Department denies that canes are soaked in brine, but has said that the cane is treated with antiseptic before use to prevent infections. A lighter cane is used for juvenile offenders.
Administration procedure
Caning is always in addition to a jail sentence and never ordered as a punishment by itself. Hence, caning is always administered in an enclosed area in the prison out of view of the public and other inmates. Those present are limited to the inmate, prison wardens, medical officers, the caning officer and sometimes maybe high-ranking prison officials to witness the punishment.
An inmate sentenced to caning receives no advance warnings as to when he will be caned and will only be notified on the day his sentence is to be carried out. The inmate would then be ordered to strip completely naked and given only a sarong or apron-like garment to wear and conceal his genitals before being escorted to the caning room when it is his turn to be caned. He would then receive a medical examination by the prison doctor to check whether he is medically fit for caning, by measuring his blood pressure and other physical conditions. If the doctor gives the green light, the inmate would then proceed to receive his caning but if he is certified unfit for punishment, his punishment would then be postponed to a later date. A prison official would then confirm with him the number of strokes he is to receive.
The inmate would then be led to the A-shaped metal frame (also called a 'caning trestle') and his wrists and ankles secured tightly to the frame by strong leather straps. He is then secured in a bent-over position on the frame at an angle of close to 90° at the hip with his buttocks protruding. Protective padding is then placed on his lower back to protect the vulnerable kidney and lower spine area from any mis-strokes so only his bare buttocks are exposed to receive the cane. The officer administrating the caning would then take up position beside the frame and deliver the number of strokes specified accordingly in the sentence to the inmate's bare buttocks. The strokes ordered are administered all in one caning session and not in 'installments', contrary to popular belief. The caning may be halted if the medical officer certifies that the inmate can no longer receive any more strokes based on his condition, and the rest of the strokes would be administered in another session.
Medical treatment and the effects
The immediate physical effects when the cane comes into contact are highly exaggerated in some popular misconceptions, which say that the 'flesh and skin would fly'. When the cane hits the bare buttocks, the skin would disintegrate and leave a livid white line before a flow of blood. As Michael P. Fay put it, "It's like a bloody nose". Excessive bleeding and mutilation of the buttocks do occur in the case of a large number of strokes.
After the caning, the inmate would be released from the frame and receive medical treatment. A violet antiseptic lotion would then be applied to the wounds and left to heal. Permanent scarring of the buttocks occurs after the caning, at any rate in the case of a large number of strokes. Those caned are not eligible to serve in the Singapore Armed Forces as conscripts if they have not served yet.
Notable cases
- American Michael P. Fay, whose conviction for vandalism and sentence of 6 strokes of the cane sparked off a small diplomatic crisis between Singapore and the United States. The Singaporean government reduced Fay's sentence from 6 to 4 strokes and he was caned on 5 May 1994.
- Dickson Tan Yong Wen, who by administrative error was caned 3 more strokes than he was sentenced to. Tan sought S$3 million from the government in compensation for receiving 3 more strokes than he was sentenced to, but was rejected. Tan was sentenced on 28 February 2007 to a total of 9 months in jail and 5 strokes of the cane for two offences involving abetting an illegal moneylender to harass a debtor. He received 8 strokes on 29 March 2007.
Prison caning
Under section 71(1) of the Prisons Act, prison superintendents may impose corporal punishment not exceeding 12 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. The punishment is administered in the same manner as in judicial caning.
Military Caning
In the Singapore Armed Forces, a subordinate military court, or the officer in charge of a disciplinary barrack, may sentence an offender to a maximum of 24 strokes of the cane (with a maximum of 12 strokes per offence, 10 in the case of minors) for breaking certain military rules. In either case, the punishment must be confirmed by the Armed Forces Council before it can be administered. The minimum age for caning within the Armed Forces is 16 (16.5 de facto, due to laws restricting entry into the Armed Forces to those 16.5 years of age or higher).
Military caning is considered to be less severe than its civilian counterpart, designed not to cause bleeding or permanent scars, and is not administered on the bare buttocks. Caning is mainly used on recalcitrant teenage conscripts. The cane used is only 6.35 millimetres (1/4 inch) in diameter (half the thickness of the prison cane), and the offender wears protective clothing.
There are no statistics as to how many soldiers have been caned in recent years.
School caning
Caning is also used as a form of corporal punishment in primary and, especially, secondary schools to maintain strict discipline in school and is only applicable to male students. The punishment is administered formally in the British schoolboy caning style.
The Ministry of Education allows schools to punish boys by caning for relatively serious offences, such as fighting, smoking or vandalism. Students are not normally caned for minor offences such as forgetting to bring or do homework or falling asleep during lessons. The punishment may be administered only by the Principal or Vice-Principal, or by a specially designated and trained 'Discipline Master', usually in the Principal's office. At most schools, caning comes after detention but before suspension in the hierarchy of penalties..
Under Ministry regulations, the punishment should not exceed a maximum of 6 strokes (the majority of canings range from 1-3 strokes), using a light rattan cane, typically administered to the student's buttocks over his trousers, with the boy bending over a desk or chair
Certain schools have special practices for caning, such as making the student change into PE attire for caning, or tucking a protective item into the student’s waistband to protect the lower back from mis-strokes. Sometimes the student may be caned in front of an assembly of the whole school population on the stage (known as public caning) or in front of his class (known as class caning), to serve as a warning to potential offenders and to shame the student. Some schools implement a demerit points system, whereby students are automatically caned after accumulating a certain number of demerit points for a wide range of offences.
The majority of students caned are aged 14-16. The Ministry of Education recommends that the student receive counselling before and/or after his caning, to avoid any danger of psychological harm.
Domestic/Private caning
Caning is used as a form of punishment for children (both boys and girls) and is usually meted out by their parents. They are caned a wide range of offences and behavior deemed to be morally or socially unacceptable, such as mischief, theft or even defiance. A small rattan cane is used in this case, which is usually available in grocery stores around the island. This form of punishment is legal in Singapore to allow parents to maintain domestic discipline, but parents may also be charged with child abuse if the child is injured severely.
Sometimes, parents may not necessarily use the rattan cane, but other implements such as a clothes hanger or even the handle of a feather-duster. The misbehaving child is usually whacked on the thighs, buttocks or palms. Despite the perception that caning of children is a prevalent practice in Singapore, a Straits Times newspaper article cited a study that shows only about 20% of parents use this form of punishment.
Objections to corporal punishment
Amnesty International has condemned the practice of judicial caning in Singapore as "cruel, inhuman or degrading punishment". Also, the practice is regarded by some international observers as a violation of Article 1 in the United Nations Convention Against Torture. However, Singapore is not signatory to the Convention.
See also
External links
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- Amnesty International Report 2004, retrieved 6 November 2005
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