Caning in Singapore

Caning in the city-state of Singapore is used as a form of corporal punishment for criminal offences.

Caning was introduced to Singapore by the British when they controlled Singapore as part of their colonial empire. More than one thousand male criminals are caned in Singapore each year for both violent and non-violent offences such as vandalism, overstaying one's visa or illegal immigration.

Current caning procedures are not carried out in the public's view. The subject to be caned is strapped to a metal frame with the buttocks exposed. The rattan cane has been soaked in water overnight to prevent the cane from splitting and to maximize inflicted pain; the Prisons Department denies that the cane is soaked in brine, but notes that the cane is treated with antiseptic before use. Parts of the prisoner's body are padded to prevent accidental damaging of the kidneys and the genitals, but the procedure can still leave permanent scars on the subject.

Legislation

Sections 227 to 233 of the Criminal Procedure Code addresses the caning procedures to be adhered to, including:

The subject may be caned if he is male, is between the ages of sixteen and fifty, and is certified medically fit by a medical doctor.
The subject will be caned up to a maximum of twenty-four strokes, irrespective of the total number of offences convicted.
Should the subject be a youth, he may be caned up to ten strokes, using a light rattan.
The subject will not be caned if he has been sentenced to death.
The rattan shall be not more than 1.27 centimetres in diameter.

The caning procedure will only be carried out in the presence of a medical doctor, who will certify the subject prior to the caning procedure and check him after every stroke has been meted out. Although caning is mandatory for certain offences, the legislation provides for exceptions to be made, which may come in the form of an alternative sentencing or it may be replaced by an imprisonment term of up to twelve months.

Foreigners convicted of breaking Singaporean law may also be subject to caning. Famous cases include American Michael P. Fay, whose conviction for vandalism and sentence of six strokes touched off a small diplomatic crisis between Singapore and the United States. The Singaporean government reduced Fay's caning from six to four strokes and he was caned on 5 May 1994.

Crimes which may result in caning

The list of crimes that may result in caning has increased steadily, as has the number of sentences handed out. In 1987, Singapore caned only 602 people, but by 1993 the number had increased to 3244. Current figures are no longer published, but the total can safely be assumed to be higher yet as it is known that in 2004, 11,790 arrests were made for illegal immigration alone, a charge which carries a mandatory three-stroke minimum. ^*

Misuse of drugs: three to six strokes. Repeat offenders: six to twelve strokes
Illegal entry into Singapore: At least three strokes
Unlawful overstay in Singapore for over ninety days: At least three strokes
Unlawful possession or conveyance of any arms or ammunition: At least six strokes
Offences relating to scheduled weapons: At least six strokes
Trafficking in arms: At least six strokes
Exhibiting imitation arms when committing scheduled offence: At least three strokes
Outrage of modesty
Rape: At least twelve strokes
Aggravated disciplinary offences in an Armed Forces barracks: Up to twelve strokes
Carrying, etc., offensive weapons, explosive, corrosive or inflammable substances in a proclaimed area
Vandalism: three to eight strokes
Piracy (robbery committed at sea): At least twelve strokes (Note: The unauthorized use or reproduction of copyrighted or patented material and software piracy is not punishable by caning)
Hijacking
Rioting
Culpable homicide not amounting to murder
Attempt to murder
Sodomy
Voluntarily causing hurt
Voluntarily causing grievous hurt
Assault or use of criminal force to a person with intent to outrage modesty
Assault or criminal force in committing or attempting to commit theft of property carried by a person
Kidnapping
Theft after preparation made for causing death or hurt in order to commit theft: At least three strokes
Extortion
Robbery: At least six strokes. If committed after 7 p.m. and before 7 a.m: At least twelve strokes
Robbery when armed or with attempt to cause death or grievous hurt: At least twelve strokes
Attempt to commit robbery: At least six strokes.
Voluntarily causing hurt in committing robbery: At least twelve strokes

Gang-robbery: At least twelve strokes
Belonging to gang-robbers: At least six strokes
Belonging to wandering gang of thieves: At least four strokes
Assembling for purpose of committing gang-robbery: At least four strokes
Dealing with explosives
Dealing with dangerous fireworks: Up to six strokes
Using a corrosive or explosive substance or offensive weapon: At least six strokes
Males engaging in prostitution trading activities
Obstructing engine or carriages or endangering safety of passengers

Disciplinary use in prisons and the army

Caning (up to twelve strokes) is widely used in Singaporean prisons and Drug Rehabilitation Centres as a disciplinary measure.

In the Singapore Armed Forces, courts martial may sentence up to 24 strokes of the cane (with a maximum of 12 strokes per offense), although the caning is to be performed while clothed and with a smaller diameter cane. However, since 1990 there are no recent reports of caning being actually employed in the Army.

Objections to corporal punishment

Amnesty International has condemned the practice of caning in Singapore as "cruel, inhuman or degrading punishment". ^*

External links

References

Singapore Amnesty International Report 2004, retrieved 6 November 2005