[Congressional Record Volume 140, Number 53 (Thursday, May 5, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 5, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                       THE CANING OF MICHAEL FAY

  Mr. METZENBAUM. Madam President, the American people awoke this 
morning to a report that Michael Fay, convicted of petty vandalism in 
Singapore, had been subjected to four strokes of a rattan cane.
  When I first learned of Michael Fay's sentence, I was shocked. Fay 
was sentenced to a prison term of 4 months, a fine of $2,700, and six 
strokes of a cane.
  This 18-year-old kid, along with a group of school friends, had 
committed what was, in effect, a teenage prank. No one was hurt. Yes, 
property was damaged but not seriously. Some of the paint that was 
sprayed--I guess all of it was wiped off easily.
  No one ever suggested that Fay should have been allowed to escape 
responsibility for his actions. What I question is the nature of the 
punishment, not the fact that punishment is deserved.
  I certainly support stern penalties for criminals, be they vandals or 
murderers. I acknowledge the right of any nation to subject lawbreakers 
to punishment provided there is a due process. What I object to is the 
use of torture by any nation in the name of maintaining law and order.
  Torture has no place in the justice systems in nations calling 
themselves civilized. The truth of the matter is that torture is not 
really used by nations that want to maintain law and order among their 
own people. Rather, history teaches us that torture is used by nations 
which are afraid of their own people. Let there be no mistake, caning 
is a form of torture.
  The State Department's annual human rights report has cited caning as 
an example of torture. Asia Watch and other human rights groups have 
concurred in the State Department's assessment.
  The fact of the matter is that Michael Fay, as a result of his petty 
vandalism conviction, was tortured over and above the 4 months in 
imprisonment and $2,700 fine.
  I note after appeals from President Clinton and Members of Congress, 
Fay's sentence was reduced from six strokes to four.
  Madam President, I ask unanimous consent that an appeal for clemency 
to Singapore's President, signed by 27 Senators, be printed in the 
Record at the end of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. METZENBAUM. Madam President, the fact that Singapore acknowledged 
the appeals by reducing the sentence is indeed gratifying.
  Indeed, I believe that Singapore and the United States should strive 
to maintain the current close relationship that exists.
  However, we cannot ignore the fact that a medieval form of punishment 
still exists in the justice systems of Singapore and of other nations.
  The Michael Fay case is not about one American kid who got caught by 
foreign authorities. This case is also about the so-called justice 
under which millions of people around the world live. This case is 
about basic human rights.
  I believe the American people need to know that America's view of 
human rights around the world reflects the type of decency we expect in 
our own society, the type of justice we expect from our own Government.
  In this respect, perhaps the most shocking aspect of the Fay case was 
not the punishment itself, but the reaction of average Americans.
  In poll after poll, Americans questioned about the Fay case responded 
that Fay was ``getting what he deserved.''
  Some even said that caning or some type of corporal punishment ought 
to be introduced in American public schools.
  I say to my fellow Americans with respect, but also with conviction, 
you are wrong. I say to my fellow Americans that caning, or any other 
form of torture, is wrong.
  I say that we do need to be tough on criminals and particularly the 
hardened criminals. I say that we do need to fix our criminal justice 
system, and I do not speak here today in an effort to lessen the 
penalties for criminals. In fact, if anything, I believe our courts 
have been too lenient in letting out too many criminals after they have 
been found guilty or pled guilty, giving them suspended sentences and 
no real punishment.
  I also say torturing the defendants is not the way to accomplish 
these goals.
  Americans look at Singapore and some point out that Singapore is a 
clean, safe society. And when we visited there about a year ago indeed 
it did appear to be a fine, clean, safe society.
  But caning is not what makes Singapore clean and safe, and it will 
not make the United States clean and safe. Look at Japan. Look at 
Australia. Look at the Scandinavian countries. These are clean, orderly 
nations, and they do it without caning. And guess what? Not one of them 
has ever considered, let alone put into law, corporal punishment, be it 
caning or anything else.
  I would also note that these nations do not impose the death penalty 
and, as many know in this body, I oppose the death penalty because in 
so many instances it has been misused. We found those who were innocent 
after they have been imprisoned for 4 years, 8 years, someone else 
comes along, and we find that that individual is guilty. In too many 
instances it has been discriminatory on a racial basis.
  But, as I was saying, Australia, the Scandinavian countries and 
Japan, do not use corporal punishment.
  On the other hand, let us look at Brazil. Large Brazilian cities are 
by some accounts, out of control.
  According to a recent New York Times editorial, Brazilian police 
``shoot vagrant children for picking pockets.'' That is a quote from a 
New York Times editorial.
  This type of punishment is certainly swift, it is definitely 
complete. But Brazil is no more safe and no more clean.
  Madam President, I ask unanimous consent that the editorial from the 
New York Times be printed at the conclusion of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 2.)
  Mr. METZENBAUM. Madam President, the American people are justifiably 
scared. They have good reason to look at Michael Fay, or petty vandals 
here at home, and say, ``He deserves whatever he gets.'' But the 
American people must remember that torture has never, in any country, 
improved the quality of life or effected better justice.
  Torture is not a punishment. Torture is itself a crime. And crimes 
committed by governments in the name of ``law and order'' have never 
made any nation a better or safer place to live.
  Madam President, the caning portion of Fay's sentence was executed 
yesterday. Michael Fay will remain in a Singapore jail until June 21, 
at the earliest. Reports indicate that Fay's medical condition is 
satisfactory.
  But I fear what the long-term emotional consequences of this corporal 
punishment will be for Michael Fay. I also fear what is happening here 
in our own country.
  As Michael Fay moves on with his life, let us all take a step back. 
Let us look at the punishment he underwent.
  Let us be truthful--Michael Fay was tortured. He is no better for it. 
Singapore is no better for it. And in the nations that still employ 
corporal punishment and other forms of torture, those societies are no 
better for it.
  We see sometimes in reports from other countries where people's hands 
are cut off. No evidence that in those countries crime is any the less.
  The solution for crime in those countries, for Singapore, and for 
crime in America is justice--efficient and effective.
  Torture is simply not a solution for anything. This is the lesson 
Michael Fay leaves for his fellow Americans. I hope we are all as 
willing to heed this lesson as we were to see Michael Fay caned.
  This Senator was not willing to see Michael Fay caned. I think it was 
the wrong penalty. I think that it is not compatible with civilized 
society. I think that Singapore went too far.
  I take off my hat to Singapore for their orderly community and for 
what they have done with their economy. But, in this instance, it is 
this Senator's opinion that they went too far.
  Madam President, I yield the floor.

                               Exhibit 1


                                                  U.S. Senate,

                                    Washington, DC, April 1, 1994.
     President Ong Teng Cheong,
     Republic of Singapore.
       Dear Mr. President: We wish to express our support for 
     Michael Fay's petition for presidential clemency, which is 
     pending before you. As you know, Mr. Fay's appeal of a 
     sentence which includes six strokes of a cane was recently 
     denied.
       We have the utmost respect for the sovereignty of 
     Singapore. Moreover, we have withheld formal comment as 
     Singapore's justice system has considered Michael Fay's case. 
     However, Michael Fay has now exhausted all legal options. We 
     ask you to consider the facts and the context of this case, 
     and to exercise your discretion in abating Michael Fay's 
     sentence.
       Michael Fay has had a history of emotional problems 
     resulting in part from an attention deficit disorder 
     condition. Imposition of severe corporal punishment on a 
     young, emotionally fragile person could create psychological 
     damage that will take years to repair.
       Michael Fay's infraction was non-violent, and resulted in 
     only minor property damage. In addition, this is his first 
     offense. Given Fay's emotional condition, his youth, and the 
     severity of caning, we believe that your exercise of clemency 
     in this case would be an enlightened decision.
       We wish to reiterate our respect for Singapore's 
     sovereignty. However, we believe that under the circumstances 
     of this case, executive clemency is warranted.
       We respectfully request that you exercise presidential 
     clemency regarding Michael Fay, pursuant to Singapore law.
           Very sincerely yours,
     Howard M. Metzenbaum,
                                                     U.S. Senator.
     John Glenn,
                                                     U.S. Senator.
                                  ____



                                                  U.S. Senate,

                                   Washington, DC, April 20, 1994.
     President Ong Teng Cheong,
     Republic of Singapore.
       Dear Mr. President: On April 1, 1994, twenty-four of our 
     colleagues wrote to you regarding the Michael Fay case whose 
     petition for presidential clemency is pending before you. We 
     would like to be counted among the Senators in that letter 
     supporting Mr. Fay's position.
       A copy of the original letter is attached for your 
     reference.
           Very sincerely yours,
     Max Baucus.
     John Kerry.
     Thomas Daschle.
                                  ____


 Signers of the U.S. Senate Appeal for Clemency in the Case of Michael 
                                  Fay

       (Not in order of signatures.)
       Howard Metzenbaum, Dale Bumpers, Patty Murray, Russ 
     Feingold, Carl Levin, Jim Jeffords, and Dennis DeConcini.
       Donald Riegle, Paul Simon, Herb Kohl, Barbara Mikulski, 
     Byron Dorgan, Max Baucus, and Thomas Daschle.
       John Glenn, Daniel Patrick Moynihan, Patrick Leahy, Jim 
     Sasser, Harris Wofford, Richard Lugar, and Frank Murkowski.
       Carol Moseley-Braun, Ted Kennedy, Paul Wellstone, Tom 
     Harkin, Chris Dodd, and John Kerry.
                                  ____


                               Exhibit 2

                [From the New York Times, Apr. 10, 1994]

                     Condemn Singapore's Brutality

       If people were caned for vandalism in New York, would we 
     have a safer city? That seems to be the conclusion from the 
     talk shows, public opinion surveys and letters to editors 
     across the country. Michael Fay, the 18-year-old American who 
     has been sentenced to a caning in Singapore, is not doing 
     well in the polls. At his hometown paper, the Dayton Daily 
     News in Ohio, the calls and letters are running two-to-one in 
     favor of inflicting this form of torture on a young man who 
     spray painted a car. And the Singapore Government is pointing 
     to American public opinion as vindication for its 
     uncompromising policy. The comparison is made again and 
     again: Singapore and New York. Clean streets vs. dirty ones. 
     Safety vs. muggings. Order vs. chaos.
       Clearly Mr. Fay's predicament has touched an American 
     nerve. For many who envy Singapore's orderly, clean society, 
     who are tired of the dirt and danger of U.S. cities, the 
     threat of pain and humiliation for transgressors seems worth 
     the price.
       Japan, however, is also an orderly and relatively safe 
     society; its order is not paid for with the fear of torture. 
     Neither is Australia's. On the other hand, Brazil, whose 
     police shoot vagrant children for picking pockets, has not 
     made its streets any safer.
       Perhaps the general callousness about what Mr. Fay is 
     facing may be related to the nature of his punishment. Maybe, 
     because it is directed at the buttocks, it resembles too 
     closely the childhood spankings or fraternity hazings that 
     many Americans remember with something bordering on 
     nostalgia. It is hard for many people to imagine such a 
     procedure causing the recipient to pass out, go into shock or 
     sustain permanent scarring.
       Many Americans believe reasonably that visitors to another 
     country should try to conform to local customs and laws, and 
     should be prepared to suffer the customary punishment for 
     flouting them. But Mr. Fay's lawyers argue that caning has 
     never been used in Singapore to punish vandalism of private 
     property. Mr. Fay is being singled out, they say, and his 
     American detractors are simply helping Singapore score 
     propaganda points.
       Whatever the case, it is disheartening to watch Americans, 
     in their yearning for order, endorsing medieval torture for 
     an act of adolescent mischief. It is time for Americans 
     appalled by Mr. Fay's sentence to raise their voices in 
     protest. American corporations--like General Motors, Eastman 
     Kodak, DOW Chemical or Texas Instruments--that trade with 
     Singapore should lean on President Ong Teng Cheong for 
     clemency. It is also time for people concerned about Mr. Fay 
     to flood the Singapore Embassy with phone calls. The number 
     is (202) 537-3100. America, the land that led the world in 
     decrying cruel and unusual punishment, must demonstrate that 
     order bought with torture is never worth the price--at home 
     or abroad.

  Mr. METZENBAUM. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The absence of a quorum has been suggested. 
The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SPECTER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Boxer). Without objection, it is so 
ordered.
  Mr. SPECTER. I thank the Chair.
  Madam President, I ask unanimous consent to proceed as if in morning 
business for 10 minutes.
  The PRESIDING OFFICER. Is there objection? The Chair hears none, and 
it is so ordered.
  Mr. SPECTER. I again thank the Chair.

                          ____________________