Brunei: New Penal Code Imposes Maiming, Stoning

Immediately Suspend Highly Abusive Law

2019-04-03

The Brunei government’s introduction of a new Sharia penal code poses grave threats to basic rights, especially for the country’s most vulnerable people, Human Rights Watch said April 03, 2019.

The penal code, which goes into effect on April 3, 2019, requires death by stoning for extramarital sex, anal sex, and abortion; amputation of limbs for stealing; and 100 lashes with a whip for lesbian sex. Children who have reached puberty and are convicted of these offenses can receive the same punishments as adults; certain younger children may be subjected to whipping.

“Brunei’s new penal code is barbaric to the core, imposing archaic punishments for acts that shouldn’t even be crimes,” said Phil Robertson, deputy Asia director. “Sultan Hassanal should immediately suspend amputations, stoning, and all other rights-abusing provisions and punishments.”

Sultan Hassanal Bolkiah first formally published the Sharia, or Islamic Law, Syariah Penal Code Order in October 2013. At that time, the government stated it would implement the new law in three phases. The first phase would enact the provisions punishable by fines or imprisonment in April 2014. The second and third phases would then be introduced over the next two years, implementing provisions that included punishments such as amputation, whipping, or stoning to death. Following an international outcry over the severity of the punishments, the government delayed further implementation of the law. However, on December 29, 2018, Brunei’s attorney general quietly issued a notification that the law would be enacted in full on April 3.

On March 30, the Prime Minister’s Office sought to contain global outrage against the new law, issuing a statement that the code aims to “respect and protect the legitimate rights of all individuals.” Claims that this draconian law respects rights are without basis.

Brunei should immediately withdraw the order enacting Syariah Penal Code Order 2013, and amend its provisions in accordance with international human rights standards.

“Every day that Brunei’s penal code is in force is a multifaceted assault on human dignity,” Robertson said. “Governments around the world should make clear to Brunei’s sultan that there can be no business as usual so long as the threat of whipping, stoning or amputation remains on the books.”

Source:Human Rights Watch