Wednesday 24 Apr 2024
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KUALA LUMPUR (Oct 3): The Centre to Combat Corruption and Cronyism (C4 Centre) said today it is against making whipping a mandatory punishment for individuals convicted of corruption.

C4 Centre expressed shock over the proposal by the Malaysian Anti-Corruption Commission and is also disappointed that its counterpart Transparency International-Malaysia has also backed this call.

"While we acknowledge the gravity of corruption and the negative impacts it has on society, there are other effective, holistic, and transformative ways that can be utilised to stamp out corruption," it said in a statement today.

"We would like to emphasise that corporal punishment, which includes whipping, has no place in a modern criminal justice system. It is important to note that Amnesty International and the United Nations Human Rights Committee have condemned whipping as cruel, inhumane and degrading punishment and contrary to international human rights law," it said.

C4 Centre stressed that its opposition to whipping does not mean that corrupt offenders should escape the criminal justice system.

"We note that the reason for calling for harsher punishment to be imposed on corrupt offenders is that the punishment can act as a deterrent. This justification is however extremely flawed and unsubstantiated as a study conducted by David S. Lee of Columbia University and Justin McCrary of Michigan University demonstrates that the threat of increased penalties does not seem to change criminal behaviour," it said.

Instead, the policy centre believes that using a holistic approach to combat corruption would be more effective in ensuring the root causes are eliminated and human rights, in this case the right to life of everyone, including the right not to be subject to cruel, inhuman and degrading punishment, is guaranteed.

C4 Centre also cited the United Nations Committee Against Torture, which had called for the abolition of corporal punishment.

"The UN Special Rapporteur on Torture has also averred that corporal punishment is inconsistent with the prohibition of torture and other cruel, inhumane and degrading treatment or punishment," it said.

C4 Centre is proposing that the government takes all necessary steps to address the root causes of corruption by ensuring the authorities charged with fighting corruption are independent, well-funded, trained and equipped to discharge their duties.

It is of the view that effective enforcement which includes diligent investigations, timely arrests of suspects and effective prosecution is key to combatting corruption.

"Longer prison time can also be taken into account to punish corrupt offenders. On top of prison sentence, other punitive measures such as discharge, suspension of allowances and increments, and demotion can also be introduced to be imposed on members of civil service found guilty of corruption.

"The government should implement effective, coordinated anti-corruption policies that promote the participation of society in order to uphold the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability. This move will go a long way in stamping out corruption," it added.

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