MADPET:- WHEN PENDING EXECUTION IS NOT A ‘SECRET’, WE ACT TO SAVE LIVES – MINISTER INFORMS OF 2 WHO WERE HANGED IN 2014, WHICH WE DID NOT KNOW ABOUT.(1/12/2015)

Media Statement – 1/12/2015
 

WHEN PENDING EXECUTION IS NOT A ‘SECRET’, WE ACT TO SAVE LIVES – MINISTER INFORMS OF 2 WHO WERE HANGED IN 2014, WHICH WE DID NOT KNOW ABOUT.

MADPET (Malaysians Against Death Penalty and Torture) is shocked by the recent revelation that Malaysia did execute 2 persons in 2014 for murder, a fact that was disclosed  by  Nancy Shukri, Minister in the Prime Minister's Department, the de facto Law Minister in a news report (asiaone.com, 29/11/2015, Malaysian on S'pore death row: Malaysia mulls abolishing mandatory death sentences). No information is disclosed as to who and when.

It is most disturbing that these executions seemed to have been carried out in ‘secret’, more so since in 2014, when prior knowledge of impending hangings did result in lives being saved. Our Sultan and the government need to be praised for their prompt action that stayed 2 executions.

We recall the case of Chandran s/o Paskaran, who was convicted for a murder in 2003 and sentenced to death by the Johor Baru High Court in 2008.  His execution scheduled for 7/2/2014 was known a few days before that date. This knowledge moved concerned persons and groups including the Malaysian Bar to do the needful to try safe a life. At the eleventh hour, compassion moved the Duli Yang Maha Mulia Sultan of Johore, who intervened and stopped the hanging of Chandran s/o Paskaran.

Then, in March 2014, we have  the  case of  Osariakhi Ernest Obayangbon (aka Philip Michael), who was convicted of murder, and was alleged to have been on death row for 18 years, who was scheduled to hang on 14/3/2014.

Yet again, prior notice of impending execution moved people to action. The Government of Malaysia, and in particular Nancy Shukri, the de facto law Minister, and Tan Sri Abdul Ghani Patail, the then Attorney General,  then acted to obtain a stay of execution.  

Chandran s/o Paskaran  and Osariakhi Ernest Obayangbon (aka Philip Michael) escaped the gallows because people were made aware of the impending executions, which made it possible for them to act and safe lives. In both cases, people knew about the execution dates at the last minute, but hopefully in the future such information will be disclosed much earlier.

Now, if executions are carried out in secret, that opportunity for people and even the government to do the right thing and stop the hanging is lost, and Malaysia extinguishes another human life.

We note that the global trend has been consistently towards abolition, reflected also by the ever increasing support for the United Nations General Assembly (UNGA) Resolutions since 2007, which also do call for a moratorium of all executions pending abolition. In 2014, being the fifth time for an anti-death penalty Resolution,  saw 117 nation states voting in favour, 38 against, 34 abstentions with 4 absentees. Every time it was passed, we see the number of countries in favour of abolition of the death penalty growing.

Minister Nancy Shukri disclosed that as of October 2015, there are 1,022 persons on death row in Malaysia.  She also said that there has been no executions for drug offences for a long time.

MADPET is with the Minister when she said, ‘We hope they get their pardons from state rulers,..’, and hope that all persons on death row will have their sentence commuted.

MADPET urges that the Malaysian government immediately declare a moratorium on all executions, which will also be in line with the UN General Assembly Resolutions.

In the event, that Malaysia still intends to execute persons, then a reasonable notice should be given to Malaysians, giving  us all yet another opportunity to demonstrate our humanity and respect for human life by saving yet another from the hangman’s noose as was done in the case of Chandran s/o Paskaran  and Osariakhi Ernest Obayangbon.

MADPET also urges that Malaysia to adhere to the United Nations General Assembly Resolutions, which amongst others urges the need to ‘…make available relevant information with regard to their use of the death penalty, inter alia, the number of persons sentenced to death, the number of persons on death row and the number of executions carried out,..’, whereby these should be made available promptly.

MADPET welcomes Malaysia’s recent commitment to abolish the mandatory death penalty, but urges Malaysia to go one step further and abolish the death penalty.

Charles Hector

For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)

Abolish the mandatory death penalty and restore judicial discretion in sentencing — Bar associations of Malaysia(Malay Mail)

Abolish the mandatory death penalty and restore judicial discretion in sentencing — Bar associations of Malaysia

Tuesday November 24, 2015
08:02 PM GMT+8

NOVEMBER 24 — The Malaysian Bar, Advocates’ Association of Sarawak and Sabah Law Association are heartened by the reported remarks of the Attorney General, Tan Sri Dato’ Sri Haji Mohamed Apandi, that he will propose to the Cabinet that the mandatory death penalty for drug-related offences be abolished.

The three Bar associations of Malaysia also welcome Minister in the Prime Minister’s Department YB Puan Hajah Nancy Shukri’s reported statement that she hopes to table legislative amendments next year for such abolition.

There is great wisdom in leaving the decision on punishment for such offences to the discretion of the Judiciary.  With the abolition of the mandatory death penalty, the Judiciary will have the discretion to sentence a convicted person to either death or imprisonment.  However, concrete action on this issue is long overdue.

At the recent meeting held in conjunction with the Tripartite Bar Games in Miri from November 19 to 21, 2015, the Malaysian Bar, Advocates’ Association of Sarawak and Sabah Law Association resolved to jointly urge the Government to give real meaning to the statements it has made, on at least four other occasions over the last five years, regarding its willingness to review the mandatory death penalty.  It has been two years since the Government and the Attorney General’s Chambers informed those present at a dialogue, with Members of Parliament, on discretionary sentencing for capital punishment on November 14, 2013, that they were in the midst of such a review.

Sentencing is part of the cardinal principle of judicial independence, and should always be left to our Judges.  Judges use their experience in hearing cases, take into account the peculiar facts and circumstances of each case, and consider the case comprehensively before meting out punishment.  

Apart from serious questions relating to the efficacy and effectiveness of mandatory death sentences as a means of deterrence, the resort to mandatory sentences is an unnecessary fetter on judicial discretion, and an unwarranted impediment to the administration of justice.

The mandatory death penalty, including for drug-related offences, has no place in a society that values human life, justice and mercy. The abolition of this extreme, degrading and inhumane form of punishment is consonant with the belief that every individual has an inherent right to life. This right is absolute, universal and inalienable, irrespective of any crimes that may have been committed.

Moreover, there appears to be no significant reduction in the crimes for which the death penalty is currently mandatory. Further, a major survey on the mandatory death penalty in Malaysia in July 2013, found that there is very little public support in Malaysia for the mandatory death penalty for drug-related offences.

In light of the impending review of the mandatory death penalty for drug-related offences, the Government should, in the interest of justice, declare and implement an immediate official moratorium on any and all executions in such cases. All of these sentences should be stayed pending the results of the review. It is unfair and unjust to carry out the death sentence when there is currently a possibility of reform which, if effected, should apply retrospectively.

The Malaysian Bar, Advocates’ Association of Sarawak and Sabah Law Association are also extremely concerned over the case of Kho Jabing, a Sarawakian currently on death row in Singapore. 

The Singapore courts had initially imposed the mandatory death penalty on him, for murder. However, pursuant to amendments to the law in Singapore that abolished the mandatory death penalty for murder (with retrospective effect), he was resentenced by the High Court to life imprisonment and whipping (24 strokes). The prosecution appealed, and the Court of Appeal, by a slim 3-2 majority, reinstated the death penalty.

Kho Jabing was scheduled to be executed on November 6, 2015, after his petition to the President of Singapore for clemency failed. However, the execution has been temporarily stayed pending the hearing and disposal of his application to review and set aside the sentence. In the event the application fails and the death sentence on Kho Jabing is maintained, the Malaysian Bar, Advocates’ Association of Sarawak and Sabah Law Association call on the Malaysian Government to support any further application for clemency, and urge it to do its utmost to intercede with the Singaporean authorities to commute Kho Jabing’s death sentence to one of life imprisonment.

The Malaysian Bar, Advocates’ Association of Sarawak and Sabah Law Association support all efforts by the Malaysian Government towards abolishing the mandatory death penalty. In this regard, the immortal words of the late Justice Ishmael Mohamed, the former Chief Justice of the Constitutional Court of South Africa, should not be forgotten:

Death is different. The dignity of all of us, in a caring civilisation, must not be compromised by the act of repeating, albeit for a wholly different objective, what we find to be so repugnant in the conduct of the offender in the first place.

* Issued on behalf of the respective Bar associations of Malaysia by Steven Thiru, President, Malaysian Bar; Leonard Shim, President, Advocates’ Association of Sarawak; and Brenndon Soh,President, Sabah Law Association.

** This is the personal opinion of the writers and/or the organisations in whose name they represent and does not necessarily represent the view of Malay Mail Online.

- See more at: http://www.themalaymailonline.com/what-you-think/article/abolish-the-mandatory-death-penalty-and-restore-judicial-discretion-in-sent#sthash.nKUzf1ei.dpuf

Abolishing of mandatory death penalty hailed(Malaysiakini)

Abolishing of mandatory death penalty for traffickers hailed

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Charles Hector, Madpet     Published Today 7:47 am     Updated Today 7:50 am     0

Malaysians Against Death Penalty and Torture (Madpet) is happy to note that Nancy Shukri, Minister in the Prime Minister’s Department and also the de facto Law Minister, was reported as stating that the proposal to amend laws to abolish the mandatory death sentence for drug traffickers may be tabled in Parliament as early as March next year. (The Malay Mail, Nov 17, 2015).

The Malaysian government has since 2010 announced its willingness to relook at the mandatory death penalty, with a view to its possible abolition or the reintroduction of a discretionary death penalty, and finally in 2016 we may see this becoming reality.

Last week, attorney-general Apandi Ali also did commit to propose to the cabinet that the mandatory death penalty be scrapped (The Malaysian Insider, Nov 13, 2015). Apandi, who is also the public prosecutor, said that “...mandatory death sentences were a ‘paradox’, as it robbed judges of their discretion to impose sentences on convicted criminals...”

There are currently 1,022 persons on death row, based on the government’s written reply to Member of Parliament M Kulasegaran dated Nov 3.

The reply also stated that from 1998 till Oct 6, 2015, 33 persons were executed in Malaysia.

It is not clear as to how many persons have been executed, if any, after Dec 18, 2007, the date the United Nations General Assembly adopted a resolution urging “a moratorium on executions” pending abolition.

On Dec 18, 2014, the UN General Assembly (UNGA) reaffirmed for the fifth time since 2007 the urging for a stop of all executions. In 2014, 117 nation states voted in favour, 38 against, 34 abstention with 4 absentees. Every time the said resolution had been adopted, the number of votes in favour has been increasing. The global trend continues to be for abolition.

Madpet hopes that Malaysia, being a member of the United Nations, has been in compliance with this UN General Assembly Resolution and there have been no executions for many years.

The urging for the abolition of the death penalty in Malaysia has been made by many individuals, bodies and civil society organisations including Malaysian Human Rights Commission (Suhakam), Malaysian Bar and Madpet.

It is also good news that Malaysia had commuted the sentence of 127 persons on death row since 1998. Madpet urges that the sentence of all persons currently on death row be commuted.

In tabling the amendments that will bring about an end of the mandatory death penalty for drug traffickers, Madpet urges that provisions be included to allow the court to review the death sentence of all those currently on death row by reason that the offence under which they were convicted carried the mandatory death penalty. Alternatively, all their sentences could be commuted to life imprisonment or imprisonment until end of natural life.

Madpet appreciates this first step, and urges Malaysia to abolish the death penalty for drug traffickers.

Madpet also urges a moratorium on all executions pending abolition.

Madpet also urges Malaysia to urge Asean to abolish the death penalty.

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CHARLES HECTOR is a coordinator of Malaysians Against Death Penalty and Torture (Madpet).

Read more: https://www.malaysiakini.com/letters/319949#ixzz3rp6ohQfg

 

Source: Malaysiakini, 18/11/2015

 

See also:-

Government should look into fully abolishing death penalty, says Suhakam and MADPET(Rakyat Post)

Timely move to abolish mandatory death penalty – MADPET (Malaysian Insider)

 

 

Timely move to abolish mandatory death penalty – MADPET (Malaysian Insider)

Timely move to abolish mandatory death penalty – Madpet

Published: 18 November 2015 7:45 AM 

Madpet (Malaysians Against Death Penalty and Torture) is happy to note that Minister in the Prime Minister's Department Nancy Shukri, who is also the de facto Law Minister, was reported saying that the proposal to amend laws to abolish the mandatory death sentence may be tabled in Parliament as early as March next year.

The Malaysian government has since 2010 announced its willingness to relook at the mandatory death penalty, with a view to its possible abolition or the reintroduction of a discretionary death penalty, and finally in 2016 we may see this becoming reality.

Last week, Attorney-General Tan Sri Mohamed Apandi Ali also did commit to propose to the Cabinet that the mandatory death penalty be scrapped. Apandi Ali, who is also the Public Prosecutor, said that "... mandatory death sentences were a 'paradox', as it robbed judges of their discretion to impose sentences on convicted criminals...."
There are currently 1,022 persons on death row, based on the government's written reply to Member of Parliament M. Kulasegaran dated November 3. The reply also stated that from 1998 till October 6, 2015, 33 persons were executed in Malaysia. It is not clear as to how many persons have been executed, if any, after December 18, 2007, the date the United Nations General Assembly (UNGA) adopted a resolution calling for "a moratorium on executions" pending abolition.

On December 18, 2014, UNGA reaffirmed for the fifth time since 2007 the call for a stop of all executions. In 2014, 117 nations voted in favour, 38 against, 34 abstention with 4 absentees.

Every time the said resolution had been adopted, the number of votes in favour has been increasing. The global trend continues to be for abolition.

Being a member of the UN, Madpet hopes that Malaysia has been in compliance with this UNGA Resolution and there have been no executions for many years.

The call for the abolition of the death penalty in Malaysia has been made by many individuals, bodies and civil society organisations including Malaysian Human Rights Commission (Suhakam), the Malaysian Bar and Madpet.

It is also good news that Malaysia had commuted the sentence of 127 persons on death row since 1998. Madpet urges that the sentence of all persons currently on death row be commuted.

In tabling the amendments that will bring about an end to the mandatory death penalty, Madpet urges that provisions be included to allow the court to review the death sentence of all those currently on death row by reason that the offence under which they were convicted carried the mandatory death penalty.

Alternatively, all their sentences could be commuted to life imprisonment or imprisonment until end of natural life.

Madpet appreciates this first step, and calls on Malaysia to abolish the death penalty.
 

 Madpet also calls for a moratorium on all executions pending abolition.
 

Madpet also calls on Malaysia to urge Asean to abolish the death penalty. – November 18, 2015.
 

* This is the personal opinion of the writer, organisation or publication and does not necessarily represent the views of The Malaysian Insider.

- Malaysian Insider, 18/11/2015 

 

- See more at: http://www.themalaysianinsider.com/sideviews/article/timely-move-to-abolish-mandatory-death-penalty-madpet#sthash.sVgZdfr0.dpuf 

See also:-

Government should look into fully abolishing death penalty, says Suhakam and MADPET(Rakyat Post)

MADPET Glad That Malaysia will abolish the Mandatory Death Penalty in 2016

Government should look into fully abolishing death penalty, says Suhakam and MADPET(Rakyat Post)

Government should look into fully abolishing death penalty, says Suhakam

Source:
TRP

Malaysia's use of capital punishment, including a mandatory death sentence for drug dealing, has been criticised by human rights groups and lawyers.

KUALA LUMPUR, Nov 18, 2015:

The government should look into fully abolishing mandatory death penalties, joining the ranks of the majority in the United Nations member states, says a human rights body.

Human Rights Commission of Malaysia (Suhakam) chairman Tan Sri Hasmy Agam, while applauding the recent announcement stating that Malaysia may soon see the end of mandatory death sentence for drug related offences, said that the next step the government should take is to review all criminal laws.

This, he added, is to ensure that the death penalty, if imposed, is applicable only to the most serious crimes as defined by Article 6(2) of the International Covenant on Civil and Political Rights (ICCPR).

Accordingly, Suhakam recommended that the government look into the possibility of acceding to the ICCPR, and its Second Optional Protocol, and aim towards the eventual abolition of the death penalty in the country.

 

He also said that Malaysia should follow the steps taken by 140 of the 193 United Nations member states that have not only abolished the death penalty but had also introduced moratoriums.

“The Commission believes that this positive development will bring Malaysia’s position on the issue closer in line with many countries that have in recent years abolished the mandatory death sentence.

“The Commission in 2012 welcomed this proposal following an announcement by the then de facto Law Minister Datuk Seri Mohamed Nazri Abdul Aziz, and reiterates that the death penalty undermines human dignity and violates the right to life.

“The Commission hopes that these proposed amendments will be expeditiously brought to Parliament and that pending such an outcome, there will be a moratorium on all executions,” said Hasmy in a statement today.

He was commenting on a statement made by de facto law minister Nancy Shukri yesterday announcing that the government was currently pursuing plans to abolish the mandatory death penalty for drug-related offences.

She told reporters present at a press conference in the Parliament that a bill would be tabled in March next year which would allow judges to use their discretion to choose between sentencing a person to jail or a death sentence, such as in cases of drug-related offences.

Malaysians Against Death Penalty and Torture (Madpet) today also welcomed the move, saying that the nation may finally see the plan, announced since 2010, become a reality.

Madpet coordinator Charles Hector pointed out to the recent statistics provided by the government, which stated that at present, there are 1,022 persons on death row, while from 1998 until Oct 6 this year, 33 individuals have been executed under the death penalty law.

“It is not clear as to how many persons have been executed, if any, after Dec 18, 2007, the date the United Nations General Assembly adopted a resolution calling for ‘a moratorium on executions’ pending abolition.

“On Dec 18, 2014, the UN General Assembly (UNGA) reaffirmed for the fifth time since 2007 the call for a stop of all executions.

“Being a member of the United Nations, Madpet hopes that Malaysia has been in compliance with this UN General Assembly Resolution and there have been no executions for many years,” said Hector in a statement issued this morning.

He expressed satisfaction at the fact that Malaysia had commuted the sentence of 127 persons on death row since 1998 and urged for the same to be done for all other individuals currently on death row.

He also urged for the government to look into including provisions allowing the court to review the death sentence of all those currently on death row and alternatively, have all their sentences commuted to “life imprisonment or imprisonment until end of natural life”.

While noting that the recent announcement showed that the government has taken a necessary and positive first step, Madpet urged for the nation to aim further, and fully utilise its position as the head of Asean Chair and urge all other nine Asean member states to also move towards abolishing the death penalty. - Rakyat Post, 18/11/2015

See also:-

MADPET Glad That Malaysia will abolish the Mandatory Death Penalty in 2016

MADPET Glad That Malaysia will abolish the Mandatory Death Penalty in 2016

Media Statement – 18/11/2015
 

MADPET Glad That Malaysia will abolish the Mandatory Death Penalty in 2016

MADPET (Malaysians Against Death Penalty and Torture) is happy to note that Nancy Shukri, Minister in the Prime Minister’s Department and also the de facto Law Minister, was reported stating that the proposal to amend laws to abolish the mandatory death sentence may be tabled in Parliament as early as March next year.(Malay Mail, 17/11/2015). The Malaysian Government has since 2010 announced its willingness to relook at the mandatory death penalty, with a view to its possible abolition or the reintroduction of a discretionary death penalty, and finally in 2016 we may see this becoming reality.

Last week, Attorney-General Tan Sri Apandi Ali also did commit to propose to the Cabinet that the mandatory death penalty be scrapped (Malaysian Insider, 13/11/2015). Appandi Ali, who is also the Public Prosecutor, said that ‘…mandatory death sentences were a "paradox", as it robbed judges of their discretion to impose sentences on convicted criminals….’

There are currently 1,022 persons on death row, based on the government’s written reply Member of Parliament M. Kulasegaran dated November 3.  The reply also stated that from 1998 till 6 October 2015, 33 persons were executed in Malaysia.

It is not clear as to how many persons have been executed, if any, after 18 December 2007, the date the United Nations General Assembly adopted a resolution calling for "a moratorium on executions" pending abolition.

On December 18, 2014, the UN General Assembly (UNGA) reaffirmed for the fifth time since 2007 the call for a stop of all executions. In 2014, 117 nation States voted in favour, 38 against, 34 abstention with  4 absentees. Every time the said resolution had been adopted, the number of votes in favour has been increasing. The global trend continues to be for abolition.

Being a member of the United Nations, MADPET hopes that Malaysia has been in compliance with this UN General Assembly Resolution and there have been no executions for many years.

The call for the abolition of the death penalty in Malaysia has been made by many individuals, bodies and civil society organisations including Malaysian Human Rights Commission (SUHAKAM), Malaysian Bar and MADPET.

It is also good news that Malaysia had commuted the sentence of 127 persons on death row since 1998. MADPET urges that the sentence of all persons currently on death row be commuted.

In tabling the amendments that will bring about an end of the mandatory death penalty, MADPET urges that provisions be included to allow the court to review the death sentence of all those currently on death row by reason that the offence under which they were convicted carried the mandatory death penalty. Alternatively, all their sentences could be commuted to life imprisonment or imprisonment until end of natural life.

MADPET appreciates this first step, and calls on Malaysia to abolish the death penalty.

MADPET also calls for a moratorium on all executions pending abolition.

MADPET also calls on Malaysia to urge ASEAN to abolish the death penalty.

Charles Hector

For and on behalf of

MADPET (Malaysians Against Death Penalty and Torture)

End of Malaysia’s mandatory death sentence on the horizon(Malay Mail, 17/11/2015)

End of Malaysia’s mandatory death sentence on the horizon

BY YISWAREE PALANSAMY

Tuesday November 17, 2015
05:42 PM GMT+8

 
 De facto law minister Nancy Shukri wanted to submit a proposal to amend the Penal Code abolishing the mandatory death sentence to the Dewan Rakyat as early as next March. — File pic

KUALA LUMPUR, Nov 17 — Malaysia may finally see the end of the decades long practice of mandatory death sentence imposed on some serious crimes, most notably for drug-related offences, if de facto law minister Nancy Shukri gets her way.

The minister in the Prime Minister’s Department said today she hopes to take her proposal to amend the Penal Code and abolish the mandatory death sentence to the Dewan Rakyat as early as March next year.

“It is not easy to amend, but we are working on it. I hope to table it next year in March,” Nancy told reporters after attending a roundtable discussion on the abolition of the mandatory death penalty in Parliament here.

Under Malaysia’s current law, the death sentence is a must for firearms, drugs, treason and murder related offences.

However, Nancy said the threat of a death penalty has done little to reduce the number of such crimes committed.

In a written reply to Ipoh Barat MP M. Kulasegaran dated November 3, Nancy cited statistics from the Prisons Department and said there are currently 1,022 convicted inmates awaiting execution.

However, she said the sentences could not be carried out as the inmates are still appealing the court’s decision.

“From 1998 till October 6 this year, 33 prisoners have been executed for their involvement in various crimes.

“In the same period, 127 inmates on death row received lighter sentences or clemency after the State Pardons Board had considered their pleas and petitions under Order 114 of the Prisons Regulations 2000,” Nancy said in the written reply.

Kulasegaran had asked Prime Minister Datuk Seri Najib Razak to state if necessary laws will be amended to abolish the death sentence and if not, why.

He also asked to specify the numbers of those executed by the court between 1957 till 2015.

Attorney-General Tan Sri Mohamed Apandi Ali, a former senior judge, recently weighed in on the mandatory death penalty too, saying in an interview with The Malaysian Insider last weekend that he wished the courts had discretion on sending convicts to the gallows or otherwise. - Malay Mail, 17/11/2015

See also:- 

A-G seeking to abolish mandatory death penalty in Malaysia - a first step towards abolition of the Death Penalty?

A-G seeking to abolish mandatory death penalty

It is great news that Malaysia's Attorney General will be working towards the abolition of the MANDATORY Death Penalty in Malaysia. Let us hope that PM Najib Tun Razak and the Barisan Nasional government will do the needful to immediately abolish Mandatory Death Penalty in Malaysia.

When the sentence provided in law for a particular offence is only the Death Penalty, judges have no choice but to sentence the said person to death. In Malaysia, execution is carried out by hanging.

When certain offences provide for just one possible sentence, it robs judge's discretion when it comes to sentencing. Rightfully, sentences provided in law should stipulate a range of possible sentences - and judges after evaluating the particular case will sentence the convicted accordingly. This would be just.

Some people, even though guilty of an offence that prescribe the sentence as death, do not justly deserve the death penalty. Nobody deserves the death penalty. The death penalty must be abolished.

Today, 82 per cent of the all nation states have either introduced moratoria by law or in practice, or have abolished the death penalty.  - United Nations Secretary-General Ban Ki-moon, 10/10/2015

The call for the abolition of the Death Penalty in Malaysia is growing stronger. Even our Malaysian Human Rights Commission(SUHAKAM) has called for the abolition of the Death Penalty.

Now, our new AG is trying to get the mandatory death penalty abolished - and we hope that the Malaysian government will soon abolish the mandatory death penalty, and soon thereafter abolish the death penalty itself.

He said the A-G's Chambers will prepare a memorandum to the Cabinet to scrap mandatory death penalties. If the Cabinet agreed, then it would propose for the relevant laws to be amended.

A-G seeking to abolish mandatory death penalty

BY LIONEL MORAIS AND ANISAH SHUKRY

Published: 13 November 2015 7:00 AM | Updated: 13 November 2015 9:09 AM

Attorney-General Tan Sri Mohamed Apandi Ali says he is not against capital punishment but wants the mandatory requirement for drug offences to be removed. – The Malaysian Insider pic, November 13, 2015. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attorney-General Tan Sri Apandi Ali said he will propose to the Cabinet that the mandatory death penalty be scrapped, so that judges are given the option to choose between sentencing a person to jail or the gallows.

He said mandatory death sentences were a "paradox", as it robbed judges of their discretion to impose sentences on convicted criminals.

"If I had my way, I would introduce the option for the judge in cases where it involves capital punishment. Give the option to the judge either to hang him or send him to prison.

"Then we're working towards a good administration of criminal justice," Apandi told The Malaysian Insider in an exclusive interview. He said that this would be in line with the "universal thinking" of capital punishment, although he denied calling for the death penalty to be abolished altogether.

"Not to say that I am for absolute abolition of capital punishment, but at least we go in stages. We take step by step," he said.

A mandatory death sentence is imposed in Malaysia in cases involving murder, certain firearm offences, drug-trafficking and treason.

In May, Prisons Department director-general Datuk Seri Zulkifli Omar reportedly said some 1043 prisoners are on death row, with many waiting for the outcome of their appeal to the Federal Court or Pardons Board.

He reportedly said 46% of those awaiting their execution were convicted for drug offences.

Apandi told The Malaysian Insider that many judges were actually reluctant to pass the death sentence on "mere mules", those assigned to carry drugs for syndicates.

"The judges are also hesitant to pass the death sentence on mere mules, the drug trafficker who (is) just earning RM1,000 to feed his family," he said.

He said the A-G's Chambers will prepare a memorandum to the Cabinet to scrap mandatory death penalties. If the Cabinet agreed, then it would propose for the relevant laws to be amended. – November 13, 2015. Malaysian Insider.

 

- See more at: http://www.themalaysianinsider.com/malaysia/article/a-g-seeking-to-abolish-mandatory-death-penalty#sthash.8Up5wRei.dpuf

MADPET and 23 CSOs Demand A Written Guarantee to Stop Baram Dam Development Project

Demand A Written Guarantee to Stop Baram Dam Development Project

Civil Society Joint Statement

10 November 2015

Coinciding with the second anniversary of Baram blockade, We, the 24 civil society groups signing this statement, strongly demand the state government of Sarawak to immediately stop the Baram Dam development project with written guarantee and to stop encroaching the Native Customary Land.

Although Chief Minister Adenan has verbally instructed the suspension of this project, people of Baram would continue their resistance movement until the final written guarantee is presented by the state government.

We would like to reiterate, that, the local villagers have never been consulted prior to commencement of the dam project. It indicates a violation by the state government of the development principles of “Free, Prior, Inform and Consent” stated in United Nations Declaration on Rights of Indigenous Peoples. This mega dam project would force twenty thousand indigenous people to relocate, and annihilate heritages and cultures. An area as large as Singapore would be flooded, posing a long-term environmental destruction. Not only should the state government halts the Baram dam project, all 12 mega dam projects proposed under the Sarawak Corridor of Renewable Energy (SCORE) should also be canceled.

Baram people have been stationing at the two camps, namely Long Lama and KM15 in the past two years to prevent staff and contractors of Sarawk Energy Berhad (SEB) from going into the project construction site. Last year at KM 15, fourteen confrontations with SEB occurred in three months, during which SEB personnel were expelled and machines were moved away. A huge hole was also dug at the main road heading to the construction site.

The state government must recognize the perceived meaning of “development” by indigenous villagers. They would never accept any forms of exploitation of natural resources, let alone their ancestral land and rivers. They demand a sustainable development – provision of basic infrastructures and democratic life without sacrificing environmental ecology and culture. Therefore mega dam project at rural Baram should be replaced by construction of amenities (roads, schools and hospitals), as well as supplying electricity and clean water.

Signatories:

1.      Baramkini

2.      Damn the Dams Action Group

3.      Teoh Beng Hock Trust for Democracy

4.      Pusat KOMAS

5.      Center for Orang Asli Concern

6.      Institut Rakyat

7.      Rainbow Genders Society

8.      Institute for Development of Alternative Livestyle Lifestyle (IDEAL)

9.      Civil Rights Committee of KL & Selangor Chinese Assembly Hall

10.  Malaysian Youth and Students' Democratic Movement (DEMA)

11.  Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

12.  Tindak Malaysia

13.  Suara Rakyat Malaysia (SUARAM)

14.  Sahabat Rakyat

15.  Malaysians Against Death Penalty and Torture (MADPET)

16.  Save Rivers

17.  In Between Cultura

18.  Community Information and Communications Centre (CICOM)

19.  Bukit Bandarraya Residents Association

20.  Focus On Sarawak

21.  Aliran

22.  Johor Yellow Flame (JYF)

23.  Sunflower Electoral Education (SEED)

24.  Ban Cyanide Mining in Raub

Enquiry please contact Mr, Ng at 012-2658448

https://www.facebook.com/groups/damnthedams/

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白纸黑字中止巴南水坝计划

公民社会联合文告

2015年11月10日

适逢巴南人民设置路障2周年，我们，下述联署的24个公民社会组织，强烈要求砂拉越政府正视巴南区原住民反对建造巴南水坝的决心，即刻白纸黑字中止巴南水坝计划，停止侵占原住民土地，保障他们的传统习俗土地（Native Customary Land）。

尽管砂拉越首长阿德南已做出口头上承诺指示停止建设水坝工程的工作，但对于峇南人而言，砂州政府一天未以白纸黑字的形式宣布停止峇南水坝计划，峇南人仍会继续反水坝运动，抗争到底。

我们重申，巴南水坝的建造计划从未咨询当地居民的意见，违反了联合国原住民权利宣言所阐明的“自由、事先、知情及同意”（Free, Prior, Inform and Consent）的发展原则。此巨型水坝计划将迫使二万名原住民迁离世代居住的土地，消灭原住民村落几百年传下来的有形与无形文化，也将淹没如新加坡面积大的土地，对环境生态的破坏影响深远。砂拉越政府必须悬崖勒马，不仅应该停建巴南水坝，也应该一并撤销砂拉越再生能源走廊计划（SCORE）之下建议的十二座巨型水坝。

峇南人在过去两年内全天候驻守于两个反水坝营地，分别是Long Lama和KM15，以确保砂拉越能源局（Sarawak Energy Berhad）无法伺机进入水坝工地施工。其中KM15营地在去年杪的3个月内与砂源局对峙14次，将已进入工地准备施工的队伍驱赶之际，也把所有的机器移走，并在进入工地的主要路段挖一个大洞，以致没有人可踏入工地范围。

我们呼吁砂拉越政府聆听民意，了解砂拉越内陆居民所要的“发展”为何物。内陆居民拒绝出卖祖传地和河流，剥夺他们赖以生存的森林与河流资源。他们要求的是永续的发展，在保留环境生态与文化生活的基础上，提供基本社区设施以允许他们参与民主生活。职是之故，与其建造于内陆居民无益的水坝发电计划，当局应以建造道路、提供稳定那个水供电供，建立学校与医院，来发展峇南内陆。

联署组织：

1.  当今峇南 （Baramkini）

2.  反水坝小组（Damn the Dams Action Group）

3.  赵明福民主基金会 Teoh Beng Hock Trust for Democracy

4.  马来西亚社区传播中心Pusat KOMAS

5.  原住民关怀中心Center for Orang Asli Concern

6.  人民研究院Institut Rakyat

7.  彩虹性别学会Rainbow Genders Society

8.  开拓他种生活学会Institute for Development of Alternative Livestyle Lifestyle (IDEAL)

9.  隆雪华堂民权委员会 Civil Rights Committee of KL & Selangor Chinese Assembly Hall

10.马来西亚青年与学生民主运动（学运）Malaysian Youth and Students' Democratic Movement (DEMA)

11.雪隆社区协会Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

12.行动大马Tindak Malaysia

13.人民之声Suara Rakyat Malaysia (SUARAM)

14.人民之友Sahabat Rakyat

15.马来西亚反死刑与酷刑组织Malaysians Against Death Penalty and Torture (MADPET)

16.拯救河流组织 Save Rivers

17.之间  In Between Cultura

18.社区资讯与通讯中心 Community Information and Communications Centre (CICOM)

19.武吉班达拉也居民协会 Bukit Bandarraya Residents Association

20.关注砂拉越 Focus On Sarawak

21.国民醒觉运动 Aliran

22.柔南黄色行动小组 Johor Yellow Flame

23.向日葵选举教育运动Sunflower Electoral Education

24.劳勿反山埃委员会 Ban Cyanide Mining in Bukit Koman

查询请联络反水坝小组联络人黄先生012-2658448。谢谢。 

 https://www.facebook.com/groups/damnthedams/

Kho Jabing gets temporary stay of execution at the last minute

See earlier posts:- Singapore, do not execute Sarawakian Kho Jabing -still need to campaign that Kho Jabing is not killed but imprisoned for a very long time.

Malaysian on Singapore death row gets stay of execution in final hour

BY JULIA YEOW, NEWS EDITOR

Published: 5 November 2015 11:33 AM | Updated: 5 November 2015 2:32 PM

 

Sarawakian Kho Jabing receives a stay of execution less than 24 hours before he is scheduled to be hung in Singapore. – Photo courtesy of Singaporean police, November 5, 2015. 

 

Sarawakian Kho Jabing has received a stay of execution on a death sentence less than 24 hours before he was scheduled to be hung in Singapore, rights advocacy group We Believe in Second Chances co-founder Kirsten Han said today.

Jabing's lawyer had filed a criminal motion on Wednesday at the Singapore Court of Appeal to request a remittance of his case.

The court rule granted a stay of execution early Thursday, but have yet to announce the dates for his case to be mentioned, Han told The Malaysian Insider in a phone interview shortly after the ruling was made.

"We still don't know when the next hearing will be... but it's just great news that the sentencing will not be carried out as scheduled tomorrow," Han said. However, she said there was yet work to be done as the court decision merely meant that lawyers and rights groups "have only delayed, not halted the execution".

"We will continue to advocate as much as we can for him to be granted clemency."

Jabing, 31, was convicted of murder in 2010 and was due to be hanged tomorrow morning after exhausting all legal avenues for appeal.

His sister Jumai, who has been in Singapore with their 54-year-old mother, said she was "speechless with joy" when she received news of the stay of execution earlier today.

"I couldn't sleep the whole night. I was just praying and praying for a miracle," she told The Malaysian Insider.

"And this morning, when I heard the news, I'm just speechless with joy."

She thanked the Singaporean government and rights groups that had helped appeal for Jabing's death sentence to be commuted.

"My mother is so happy, she is weeping right now"

She said she was looking forward to meeting Jabing in the afternoon to share the good news.

In an immediate response to the news of the stay, Amnesty International Malaysia welcomed the court decision, and repeated calls for Jabing's death sentence to be commuted to life imprisonment, or that he be granted clemency.

"We call upon the Malaysian and SIngaporean authorities to study the details of Jabing's case, and they will see why we know that the death penalty is not an answer for Jabing, or for any other person on death row," said the organisation's executive director Sharmini Darshni. – November 5, 2015, Malaysian Insider

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- See more at: http://www.themalaysianinsider.com/malaysia/article/malaysian-on-singapore-death-row-gets-stay-of-execution-in-final-hour#sthash.fgiFr8S3.dpuf