Amnesty International Report 2014/15 - Brunei Darussalam
| Publisher | Amnesty International |
| Publication Date | 25 February 2015 |
| Cite as | Amnesty International, Amnesty International Report 2014/15 - Brunei Darussalam, 25 February 2015, available at: https://www.refworld.org/docid/54f07e11c.html [accessed 2 November 2019] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Brunei Darussalam
Head of state and government: Sultan Hassanal Bolkiah
Lack of transparency and scarcity of information made independent monitoring of the human rights situation difficult. Amid strong international criticism, the amended Penal Code came into force on 1 May, although it was announced that its implementation would be phased. The new Code, purporting to impose Shari'a law, contained a number of provisions that violate human rights, widening the scope of offences punishable by the death penalty, expanding the imposition of torture and cruel, inhuman or degrading punishment, restricting the rights to freedom of expression and religion or belief, and discriminating against women. Also in May, the country's human rights record was assessed under the UN Universal Periodic Review (UPR) mechanism.
Death penalty
The new Penal Code[1] imposed death by stoning as a possible punishment for conduct that should not be criminal, such as extramarital sexual relations and consensual sex between people of the same gender, as well as for offences such as theft and rape. It also allowed for the imposition of the death penalty for child offenders and for offences such as mocking the Prophet Muhammad. However, while Brunei Darussalam retained the death penalty in law, it remained abolitionist in practice.
Torture and other ill-treatment
Brunei Darussalam has not ratified the UN Convention against Torture. The country's new Penal Code significantly expanded the scope of corporal punishments that amount or could amount to torture (including death by stoning – see above).
A wide range of offences including theft were punishable by whipping or amputation. Judicial caning remained a common punishment for crimes including possession of drugs and immigration offences. At least three caning sentences were known to have been carried out in 2014. Under existing law, children could be sentenced to whipping; under the revised Penal Code children could also be sentenced to amputations. The Penal Code also introduced laws discriminating against women, including punishing abortion with public flogging.
Freedom of expression
Journalists continued to be censored. In February, the Sultan ordered a halt to criticism of the new Penal Code.
Freedom of religion
The Constitution protects non-Muslims' right to practise their religion, but laws and policies restricted this right for Muslims and non-Muslims alike. The revised Penal Code criminalized exposing Muslim children to the beliefs and practices of any religion other than Islam.
Counter-terror and security
The Internal Security Act (ISA) permitted detention without trial for indefinitely renewable two-year periods, and was used to detain anti-government activists. An Indonesian detained without trial under the ISA since February was initially refused visits by his embassy for two months.
1. Brunei Darussalam: Authorities must immediately revoke new Penal Code (ASA 15/001/2014) www.amnesty.org/en/library/info/ASA15/001/2014/en
