[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.
____________________