Inquest for Custodial Death due to Whipping

HAYAT calls for an inquest into the death of Mohd Zaidi bin Abdul Hamid who died in Pokok Sena Prison on 7 October 2024.

Since his death was notified to HAYAT, the Prison Department of Malaysia has released a statement denying that the death was caused by whipping but due to an infection. They also affirmed that all Standard Operating Procedures (SOP) are complied with including ensuring that Zaidi received the appropriate medical treatment.

However, Zaidi’s untimely demise raises significant questions concerning the existing SOP around whipping and whether they are appropriate or effective. Zaidi was known to have suffered from high blood pressure and diabetes but was ‘approved’ for whipping despite the risk of further complications. 

Furthermore, resource limitation within the Prison Department is a known fact, and it is highly problematic to carry out whipping sentences when the Prison Department itself may not have the necessary resources to ensure that each inmate who underwent the punishment is provided with the appropriate care.

HAYAT believe that an inquest is the only effective process to identify the cause of death and determine whether any other factors contributed to the death. As the Prison Department has expressed its confidence that all processes are complied with, HAYAT believe that the Prison Department has an interest to ensure that the inquest is held.

Until the SOP around whipping is reviewed to ensure that it does not excessively harm inmates beyond what the law has mandated and that the Prison Department is accorded the necessary resources to comply with the SOP, HAYAT calls for a moratorium on the execution of whipping as a judicial punishment.

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