The Human Rights Commission (Suhakam) today called for punishment imposed on convicted rapists to be in accordance with universal human rights principles and be based on "rational and not on emotional considerations".

While Suhakam said the punishment to be imposed on rapists - as well as rapists who caused the death of their victims - ought to commensurate with the gravity of the offence, it did not specify whether suggested measures such as the death penalty and public flogging are against human rights principles.

However, the commission noted the intense debate in human rights jurisprudence on whether the death sentence and extreme forms of corporal punishment can be described as "inhuman" or "degrading" and thus in contravention of Article 5 of the Universal Declaration of Human Rights which states that "No one shall be rejected to torture or to cruel, inhuman or degrading treatment or punishment".

Public outcry

Suhakam was referring to the recent huge outcry from the Malaysian public and the overwhelming demand for heavier penalty, particularly for child rapists who caused the deaths of their victims.

While the punishment proposed include public flogging, chemical castration and the death penalty, several non-government organisations, including women's groups, opposed the suggestions, calling instead for broader amendments to be made to existing rape related laws.

On Jan 8, nine-year-old Haserawati Saridi was raped and murdered while she was walking to school in Sabah. Two weeks later, 10-year-old Nurulhuda Abdul Ghani was raped and murdered when cycling to a grocery shop in Johor.

In response to the public outcry, Minister in the Prime Minister's Department Dr Rais Yatim has called for more drastic measures against the rapists. He said there was widespread public support for measures such as the death penalty and public flogging.

The proposal by Rais, who is the de facto law minister, was backed by the Women and Family Development Ministry.

Sex education

Meanwhile, Suhakam said that the rise in rape cases should be addressed "holistically, using a multi-disciplinary pronged approach instead of merely enhancing the penalties".

Some of the approaches proposed by the commission include improving the efficiency and effectiveness of the criminal justice system where rapists would be detained swiftly, successfully prosecuted and punished.

It called on the government to review the definition of rape under Section 376 of the Penal Code to include object penetration.

Recently, High Court judge Augustine Paul in a controversial decision acquitted a labourer of raping a 14-year-old girl because the prosecution failed to determine that the object inserted in the victim's vagina was the man's penis.

The commission also suggested eliminating requirements for additional testimony beyond just the victim's, for child evidence be allowed in court without the need for corroboration, and to restrict admission of the victim's past sexual history

It also proposed that perhaps there should not be a multiplicity of charges on virtually the same facts in a rape case committed by an accused person.

A system of support for survivors, sex education and the teaching of gender equality in schools were also suggestions put forward by the commission.

Commission's secretary Kamaruddin Mohamed Baria said Suhakam welcomed the public debate on the issue and applauded the government's efforts in consulting NGOs and experts when making a decision on the punishment to be imposed on convicted rapists.

"It is hoped that the momentum built will not be lost and that much needed reform in law, preventive measures and support services will become reality soon," said Kamaruddin in a statement released today.