Wednesday, July 26, 2017

30 executed by Malaysia from 2017 until 10/7/2017

30 persons were executed in Malaysia from 2007 until 10 July 2017 - This information was provided by the government in response to a Parliamentary Question raised by Member of Parliament N. Surendran, and the answer is dated 25/7/2017.

30 persons executed - 27 Malaysians and 3 foreign nationals

25 were executed for murder, which carries the mandatory death penalty
3  for drug trafficking that also carries the mandatory death penalty, and also have those unjust legal presumptions, which shift the burden to the accussed to prove that it is not their drugs or that they were not drug traffickers.
2 were executed for firearm offences (We believe that it is pursuant to section 3 of the Firearms (Increased Penalties) Act 1971 provides for the mandatory death penalty if firearms are discharged with intent to cause death or hurt to any person, shall, notwithstanding that no hurt is caused for offences like extortion, robbery, kidnapping, house breaking or house trespass.)


Notes:- 

The mandatory death penalty in the Firearms (Increased Penalties) Act 1971, is also inconsistent with the crime of ‘Committing terrorist acts(sec.130C Penal Code), where death is the mandatory penalty ONLY if death is a result of the crime.As the section 3 of the Firearms (Increased Penalties) Act 1971 need to be amended, and the mandatory death penalty should be removed, returning the discretion back to judges to determine the appropriate sentence in each case. If no death is the consequence of a criminal act, then reasonably a perpetrator should never be sentenced to death.

See earlier post, where again in an answer to a Parliament question, which was reported on 27/3/2017, it was disclosed that 16 persons have been executed (14 Malaysian and two foreigners) had been executed between 2014 and Feb 2017.1.100 sentenced to death, 16 executed (2014 - February 2017) [Star, 27 March, 2017)

 






Friday, July 21, 2017

Amnesty condemns Putrajaya's trend of deporting human rights activists(Malaysiakini)

Amnesty condemns Putrajaya's trend of deporting human rights activists

(Updated
 
Amnesty International has condemned what it described as a growing trend by Putrajaya to deport human rights activists.

This was after Bangladeshi human rights group Odhikar's secretary Adilur Rahman Khan was detained by immigration at Kuala Lumpur International Airport at 4am and is set to be deported.

"Adilur's detention is the latest in a series of cases where peaceful activists have been barred from entering the country, including Hong Kong political activist Joshua Wong, Indonesian human rights defender Mugiyanto Sipin and Singaporean political activist Han Hui Hui," said James Gomez,

Amnesty International’s Director for Southeast Asia and the Pacific.Adilur was to attend the National Conference on Death Penalty tomorrow.

Gomez called for Adilur's immediate release and that he be allowed to remain in Malaysia.

“The Malaysian authorities must immediately and unconditionally release Adilur Rahman Khan and allow him to participate in and speak at the conference.

“There is no justification for detaining him whatsoever. It is an outrage that a human rights activist cannot even travel freely to speak on a key human rights issue," he said.

Meanwhile, Suaram project coordinator Dobby Chew said the Malaysian Human Rights Commission (Suhakam) visited Adilur this evening.

"Suhakam visited Adilur and verifies that he is well and was not mistreated.

"But Adilur is to be deported. The reason for denying entry was not given," he said in a statement.

Chew said Adilur's mobile phone and passport were taken away from him while he was under detention.

"They have been returned and Adilur has been in contact with friends and family," he said. Earlier today, Suaram, accompanied by lawyers, had also gone to KLIA to find out about his detention.

'Granted visa but denied entry'

Malaysians Against Death Penalty and Torture (Madpet), which is participating at the National Conference on Death Penalty, said it was appalled by the "unjustified detention".

"Being a Bangladesh citizen, he did not enjoy a visa on arrival when he arrived in Malaysia. 
 
"As such, he needed to apply for a visa from the Malaysian High Commission in Bangladesh, before he could leave Bangladesh and come to Malaysia. Such visas are never simply issued as a right, but only after a thorough vetting of the applicant and his reasons for coming to Malaysia.
As such, the arrest and detention of Adilur Rahman Khan are most unjust and unreasonable. If the Malaysian government did not want Adilur Rahman Khan to enter Malaysia, they should never have issued him the required entry visa in Bangladesh," said Madpet representative Charles Hector.

Hector urged the government to immediately release Adilur and compensate him for the "deprivation" of his rights.

He added if Putrajaya is adamant on deporting him, it should apologise to Adilur for granting him a visa in the first place. - Malaysiakini, 20/7/2017

Thursday, July 20, 2017

IMMEDIATELY ALLOW HRD ADILUR RAHMAN KHAN TO ENTER MALAYSIA



Media Statement – 20/7/2017

IMMEDIATELY ALLOW HRD ADILUR RAHMAN KHAN TO ENTER MALAYSIA

WRONG TO DENY ENTRY TO A HUMAN RIGHTS DEFENDER AFTER HE HAS BEEN ISSUED A ENTRY VISA BY MALAYSIA

MADPET (Malaysians Against Death Penalty and Torture) is appalled by the unjustifiable detention of human rights defender Adilur Rahman Khan by the Immigration authorities at the Kuala Lumpur International Airport at about 4.00am today(20/7/2017).

Being a Bangladesh citizen, he did not enjoy a visa on arrival when he arrived in Malaysia. As such, he needed to apply for a visa from the Malaysian High Commission in Bangladesh, before he could leave Bangladesh and come to Malaysia. . Such visa’s are never simply issued as of right, but only after a thorough vetting of the applicant and his reasons for coming to Malaysia.

As such, the arrest and detention of Adilur Rahman Khan is most unjust and unreasonable. If the Malaysian government did not want Adilur Rahman Khan to enter Malaysia, they should never have issued him the required entry visa in Bangladesh.

In the past, Malaysia have also sadly prevented HR Defenders, like Singaporean human rights defender Han Hui Hui and Indonesian Mugiyanto Sipin from entering Malaysia but they were from countries whose citizens had to get their visa on arrival when they reached Malaysia, whereas Adilur Rahman Khan had to first apply and obtain his visa first from the Malaysian embassy before travelling to this country. As such, this makes his current arrest, detention and possible deportation back to Bangladesh most unjust.

“We detained him over immigration issues. We are checking his documents. Adilur will not be allowed to enter Malaysia. He will be deported,” Malaysian immigration officer Shely was quoted by Bangla Tribune as saying.(Dhaka Tribune, 20/7/2017). This is absurd, as any immigration issues should have been considered before the Malaysian High Commission issued him his visa.

Adilur Rahman Khan, the Secretary of the Bangladeshi Human Rights Organisation, Odhikar, who is a member of the Anti-Death Penalty Asia Network(ADPAN), was coming to Malaysia to attend the General Assembly of ADPAN on 20/7/2017, and thereafter the “Abolition of the Death Penalty in Malaysia and in Asia” Malaysia National Conference and Training Workshop 0n 21-22 July 2017. Tan Sri Razali Ismail (Chairperson of the Malaysian Human Rights Commission (SUHAKAM) will be delivering the keynote address at this National Conference. The Minister Dato' Sri Azalina binti Othman Said has also been invited to deliver a keynote address.

Adilur Rahman Khan is also currently a member of OMCT General Assembly and a FIDH Vice-President. He was also awarded the 2014 Gwangju Prize for Human Rights.

As such, MADPET
-      
  Calls of the Malaysian government to immediately release Adilur Rahman Khan and allow him to enter Malaysia;
-        Calls on Malaysia to adequately compensate for all the suffering and deprivation of rights suffered by Adilur Rahman Khan, by reason of the detention of him at the KLIA International Airport
-        Calls on Malaysia, in the event that Adilur Rahman Khan is prevented entry and is subsequently deported, to apologize to him for all the suffering and rights violated brought about by most likely the failings of the High Commission of Malaysia in Bangladesh, and to pay him a just compensation
-        Calls on Malaysia to stop denial of entry into Malaysia of Human Rights Defenders, and to abide by the UN Declaration on Human Rights Defenders (Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms)

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


Tuesday, July 18, 2017

Malaysian Prabagaran executed 14/7/2017 - and Malaysia did nothing???

 See related posts:-

MADPET calls on Singapore to stop its plans to execute Malaysian citizen in respect of Malaysian court(The Online Citizen)

EU, Malaysian Bar and FIDH calls on Singapore not to execute Prabagaran

Prabagaran executed on 14 July 2017...This must not stop our quest for JUSTICE?

MIC, BN, UMNO, PAS, PH - kenapa tak buat apa-apa menyelamatkan nyawa Warga Malaysia keturunan India?

 

‘Prabagaran maintained his innocence until the end’

 | July 15, 2017 
 
The 29-year-old Malaysian, who was hanged to death at the Changi Prison yesterday, accepted his fate but always maintained his innocence, says We Believe in Second Chances co-founder Kirsten Han. 

Kirsten-Han-S.-Prabagaran 

PETALING JAYA: S. Prabagaran, who was executed in Singapore on Friday for drug trafficking, accepted his fate but maintained his innocence until the end.

The 29-year-old Malaysian, who is from Johor Baru, was hanged to death at the Changi Prison yesterday and was cremated at the Mandai crematorium in Singapore.

We Believe in Second Chances co-founder Kirsten Han said those who were with him said he was jovial and joking with the prison guards even during the approaching hours of the execution.

“Prabagaran always told his cousin that he was innocent but that he accepted his fate,” The Star quoted Han as saying.

Prabagaran was convicted in 2012 after 22.24g of diamorphine, a pure form of heroin, was found in his car at the Singaporean immigration checkpoint as he tried to enter the country.

He maintained his innocence, claiming that he did not own the car he drove and was not aware of the drugs being in it. 
 

Earlier this year, he turned to the Malaysian courts to compel the government to start legal proceedings against Singapore before an international tribunal for denying him a fair trial.

On March 24, Prabagaran failed to obtain leave at the Kuala Lumpur High Court to compel the Malaysian government to start proceedings against Singapore.

On Thursday, lawyer N Surendran said Singapore’s Court of Appeal had dismissed Prabagaran’s application to stay his execution pending his case in the Malaysian courts.


He told FMT the appeals court had ruled that Singapore is a sovereign nation and that it would not wait for the outcome of proceedings in Malaysia.

Amnesty International criticised the execution, saying it was a shocking violation of the human right to life.

“That an appeal was pending in this case in his home country at the time of execution, and that there were serious concerns about the fairness of his trial, underlines a flagrant disregard for due process in profoundly dubious circumstances,” said its director for Southeast Asia and the Pacific, James Gomez. - FMT News, 15/7/2017

See other news stories

UN urges Singapore to halt Malaysian's execution
International-Yahoo Singapore News-Jul 11, 2017

FIDH calls for Singapore to halt its execution of Prabagaran Srivijayan

The Online Citizen-Jul 12, 2017
Paris, 12 July 2017 - Singaporean authorities must halt the execution of Prabagaran Srivijayan, FIDH said today. Prabagaran, a 29-year-old ...

4 known executions in 2017? Stop executions and abolish the death penalty — Malaysian Bar

Thursday May 25, 2017
04:59 PM GMT+8
MAY 25 — The Malaysian Bar is deeply troubled that two persons — Yong Kar Mun, aged 48, and an individual whose identity has not been reported — were executed by hanging at Sungai Buloh Prison yesterday morning. The prison authorities there had written to the family of Yong Kar Mun on May 19, 2017 to inform them that he would be hanged to death soon, and that they could pay him a final visit on May 23, 2017.

Yong Kar Mun had been convicted under Section 3 of the Firearms (Increased Penalties) Act 1971 for discharging a firearm when committing a robbery, and the mandatory death penalty was meted out.

The Malaysian Bar is appalled that the two executions yesterday bring the total of reported executions this year to four: Rames Batumalai, aged 44, and his brother Suthar Batumalai, aged 39, were reportedly executed at Kajang Prison on March 15, 2017.

Every individual has an inherent right to life — as enshrined in Article 5(1) of the Federal Constitution — which is absolute, universal and inalienable, irrespective of any crimes that have been committed.

We do not condone or excuse any crimes that have been committed. There is no denying that guilty persons ought to receive punishment, and justice must be served. However, to be just and effective, punishment must always be proportionate to the gravity of offences committed, and the State must never resort to taking a human life. Furthermore, studies have shown that there is no conclusive evidence of the deterrent value of the death penalty.

The death penalty is an extreme, abhorrent and inhumane punishment, and must not be taken lightly, as it is irreversible.

The Malaysian Bar calls upon the Government to act swiftly to abolish the death penalty for all crimes, stop executions, and commute each death sentence to one of life imprisonment.- Malay Mail, 25/5/2017

* This statement is submitted by George Varughese, president of the Malaysian Bar.

Thursday, July 13, 2017

EU, Malaysian Bar and FIDH calls on Singapore not to execute Prabagaran

EU Local Statement on Mr Prabagaran Srivijayan death penalty case in Singapore

The European Union Delegation to Singapore issues the following statement in agreement with the EU Heads of Mission, and the Head of Mission of Norway:

The European Union (EU) calls on the Singapore authorities to halt the execution of Mr. Prabagaran Srivijayan, to commute his sentence to a non-capital sentence and to adopt a moratorium on all executions.

The EU holds a principled position against the death penalty and is opposed to the use of capital punishment under any circumstances. 

No compelling evidence exists to show that the death penalty serves as a deterrent to crime. 

Furthermore, any errors - inevitable in any legal system - are irreversible. 

The EU will continue in its pursuit on the abolition of the death penalty worldwide. - Delegation of the European Union to Singapore Website

 
Uphold the Right to Life and Stay the Execution of Prabagaran Srivijayan
 
The Malaysian Bar is extremely troubled over the reports of the imminent execution of Prabagaran Srivijayan in Singapore.  The 29-year old Malaysian citizen was convicted of drug trafficking, and sentenced to the mandatory death penalty on 22 July 2012. His family was recently informed by the authorities that he is scheduled to be hanged to death at Changi Prison Complex on 14 July 2017.
 
The Malaysian Bar appeals to the Government of Singapore for clemency, to stay the execution of Prabagaran Srivijayan and commute his death sentence to one of life imprisonment. 
 
The Malaysian Bar’s position is that every individual has an inherent right to life.  The right to life is absolute, universal and inalienable, and must be held inviolate, regardless of the crime that may have been committed. We recall the immortal words of the late Justice Ishmael Mohamed, the former Chief Justice of the Constitutional Court of South Africa:
 
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.
 
 
George Varughese
President
Malaysian Bar 
 
12 July 2017
 
FIDH - International Federation for Human Rights Press release 
 

Singapore: Halt the execution of Prabagaran Srivijayan 

 
Paris, 12 July 2017: Singaporean authorities must halt the execution of Prabagaran Srivijayan, FIDH said today. Prabagaran, a 29-year-old Malaysian national, is scheduled to be executed by hanging on 14 July 2017. 
 
“Singapore must immediately halt the execution of Prabagaran Srivijayan and put an end to all executions in the country. It is disturbing that Singapore continues to impose mandatory death sentences for drug-related crimes, which do not meet the threshold of the ‘most serious crimes’ under international law,” said FIDH President Dimitris Christopoulos. 
 
On 22 September 2014, Singapore’s High Court imposed a mandatory death sentence on Prabagaran for possession of drugs for the purpose of trafficking, after he was found in possession of 22.24 grams of heroin on 12 April 2012.
 
On 2 October 2015, the Court of Appeal dismissed Prabagaran’s appeal against his conviction and sentence. Singaporean authorities have never allowed Prabagaran’s attorneys, N Surendran and Latheefa Koya, who were hired by Prabagaran’s mother in January 2017, to visit him in Changi Prison.
 
Authorities did not provide any reason for this denial. The denial of Prabagaran to meet with his legal representatives falls short of international fair trial standards.
 
According to General Comment No. 32 concerning Article 14(3) of the International Covenant on Civil and Political Rights (ICCPR), “in cases involving capital punishment, it is axiomatic that the accused must be effectively assisted by a lawyer at all stages of the proceedings.” 
 
Prabagaran has spent more than five years in prison, including almost three years awaiting execution. 
 
International law reserves the death penalty for the “most serious crimes,” a threshold that international jurisprudence has repeatedly stated drug-related offenses do not meet. 
 
If Prabagaran is hanged, it will be the fourth documented execution in Singapore since the beginning of the year. On 17 March 2017, Singaporean authorities executed an unknown individual. On 21 April 2017 and 19 May 2017, Singaporean authorities executed Jeffrey Marquez Abineno, 52, and Muhammad Ridzuan, 31, respectively, for drug trafficking.
 
While the government publishes annual statistics on the total number of executions, it consistently fails to make public announcements concerning upcoming hangings and does not reveal the number of prisoners on death row. 
 
FIDH, a member of the World Coalition Against the Death Penalty (WCADP), reiterates its strong opposition to the death penalty for all crimes and in all circumstances.
 
FIDH calls on the Singaporean government to reinstate the moratorium on executions that was lifted in July 2014, and to make progress towards the abolition of capital punishment for all crimes.
 
 

Tuesday, July 11, 2017

MADPET calls on Singapore to stop its plans to execute Malaysian citizen in respect of Malaysian court(The Online Citizen)

See related post

SINGAPORE, DO NOT EXECUTE MALAYSIAN PRABAGARAN ON 14 JULY 2017

MADPET calls on Singapore to stop its plans to execute Malaysian citizen in respect of Malaysian court


by Charles Hector, for and on behalf of MADPET(Malaysians Against Death Penalty and Torture)

MADPET(Malaysians Against Death Penalty and Torture) calls on Singapore to stop its plans to execute Malaysian citizen Prabagaran Srivijayan on Friday, 14 July 2017. Prabagaran was convicted and sentenced to death for the offence of drug trafficking by Singapore.  There are concerns that he was not accorded a fair trial.

There is an application now pending at the Malaysian Court of Appeal to refer Singapore to the International Court of Justice (ICJ) for breach of the right to a fair trial. Last March, the Malaysian High Court denied the application for leave for a judicial review to compel Malaysia to intervene by referring Singapore to the ICJ. 

That means that this judicial review is not even been heard on the merits. Justice demands that Prabagaran not be executed until this court application be heard.

Singapore will not lose anything by simply postponing the execution, better still commuting the death penalty to imprisonment.

As such, for Singapore to execute this Malaysian at this stage, it may be said to be an act of disrespecting not only the Malaysian courts and Malaysia, but also be an affront to justice to execute before the convicted is able fully exercise all available legal options. To now continue with a speedy execution, will also raise the presumption that Singapore may be fearful that the International Court of Justice may indeed confirm that Prabakaran was denied a fair trial.

Whilst Singapore may have amended its laws, making it a possibility that persons convicted for drug trafficking not to be sentenced to death, there are serious flaws in this new current law.

To escape the death penalty, the accussed needs to satisfy 2 conditions - (1) Must get a Certificate Of Substantive Assistance from the Attorney General's Chambers, and (2) prove on a balance of probabilities, that his involvement in the offence under section 5(1) or 7 was restricted — to transporting, sending or delivering a controlled drug; to offering to transport, send or deliver a controlled drug; to doing or offering to do any act preparatory to or for the purpose of his transporting, sending or delivering a controlled drug; or to any combination of activities above;

Thus, without the Attorney General Chamber’s certificate, the judges in Singapore cannot exercise their discretion when it comes to sentencing, and will have no choice but to sentence the  convicted to death.

It should be only court who determines whether ‘substantive assistance’ was given or not, certainly not the Attorney General’s Chambers. Some persons may not have any other information, and it is unjust conclude since they had not provided ‘substantive assistance’, they will die. Judges will certainly be more independent in determining whether the required or possible ‘substantive assistance’ was given or not – certainly not the Attorney General’s Chambers, who is also the prosecuting authority.

Hopefully, Malaysia will not make a similar mistake when it abolishes the death penalty, and would always ensure that only judges will be vested with the discretion when it comes to sentencing.

To compound matters, the denial of access of lawyers in the Malaysian court actions to Prabagaran is unacceptable and against human rights.(Malay Mail, 7/7/2017)

MADPET calls on Singapore to immediately postpone the planned execution of Prabakaran until he has fully exhausted all his legal options in Malaysia and Singapore, and maybe even the International Court of Justice(ICJ);

MADPET also call for Prabakaran’s death penalty to be commuted;

MADPET calls on Singapore to amend its laws, returning discretion to judges when it comes to sentencing. The provision in law about the requirement of ‘Certificate of Substantive Assistance’ by the Attorney General’s Chambers, before the convicted becomes entitled to a sentence other than death penalty must be repealed.

MADPET also urges the Prime Minister Najib Tun Razak and the Malaysian government to speedily act to save the life of this Malaysian. Malaysia should also withdraw its objections, and allow the judicial review to be heard on its merits by the court.

MADPET also calls on both Singapore and Malaysia to abolish the death penalty, and immediately impose a moratorium on all executions.- The Online Citizen, 11/7/2017

Monday, July 10, 2017

The execution of a M’sian by S’pore must be stopped(Malaysiakini)

The execution of a M’sian by S’pore must be stopped

Charles Hector     Published     Updated
Malaysians Against Death Penalty and Torture (Madpet) calls on Singapore to stop its plans to execute Malaysian citizen S Prabagaran on Friday, July 14, 2017.

Prabagaran was convicted and sentenced to death for the offence of drug trafficking by Singapore.  There are concerns that he was not accorded a fair trial.

There is an application now pending at the Malaysian Court of Appeal to refer Singapore to the International Court of Justice (ICJ) for breach of the right to a fair trial.

Last March, the Malaysian High Court denied the application for leave for a judicial review to compel Malaysia to intervene by referring Singapore to the ICJ.

That means that this judicial review is not even been heard on the merits. Justice demands that Prabagaran not be executed until this court application is heard.

Singapore will not lose anything by simply postponing the execution, or better still, commuting the death penalty to imprisonment.

As such, for Singapore to execute this Malaysian at this stage may be an act of disrespecting not only the Malaysian courts and Malaysia, but also an affront to justice to execute before the convicted is able to fully exercise all available legal options.

To now continue with a speedy execution will also raise the presumption that Singapore may be fearful that the ICJ may indeed confirm that Prabagaran was denied a fair trial.

Whilst Singapore may have amended its laws, making it possible for persons convicted for drug trafficking not to be sentenced to death, there are serious flaws in this new current law.

To escape the death penalty in Singapore, the accused needs to satisfy two conditions. 

First, he or she must get a Certificate Of Substantive Assistance from the Singaporean Attorney-General's Chambers (AGC), which certifies that the accused has substantively assisted the Central Narcotics Bureau in disrupting drug trafficking activities within or outside Singapore.

Secondly, it must be proven on a balance of probabilities that his or her involvement in the offence under section 5(1) or 7 of the Misuse of Drugs Act was restricted to transporting, sending or delivering a controlled drug; to offering to transport, send or deliver a controlled drug; to doing or offering to do any act preparatory to or for the purpose of his transporting, sending or delivering a controlled drug; or to any combination of activities above.

Thus, without the AGC’s certificate, the judges in Singapore cannot exercise their discretion when it comes to sentencing, and will have no choice but to sentence the convicted person to death.

It should only be the courts who determine whether “substantive assistance” was given or not, and certainly not the AGC.

Some persons may not possess any other information, and it is unjust to conclude that since they had not provided “substantive assistance”, they will die.

Judges will certainly be more independent in determining whether the required or possible “substantive assistance” was given or not – certainly not the AGC, who is also the prosecuting authority.

Hopefully, Malaysia will not make a similar mistake when it abolishes the death penalty, and would always ensure that only judges will be vested with the discretion to sentence a guilty party.

To compound matters, denying Prabagaran access to lawyers in the Malaysian court actions is unacceptable and against human rights.

As such, here are a number of immediate actions that Madpet believes should be taken:

  • Madpet calls on Singapore to immediately postpone the planned execution of Prabagaran until he has fully exhausted all his legal options in Malaysia and Singapore, and maybe even the ICJ;
     
  • Madpet also calls for Prabagaran’s death penalty to be commuted;
     
  • Madpet calls on Singapore to amend its laws, returning discretion to judges when it comes to sentencing. The provision in law about the requirement of a Certificate of Substantive Assistance by the AGC, before the convicted becomes entitled to a sentence other than the death penalty, must be repealed;
     
  • Madpet also urges Prime Minister Najib Abdul Razak and the Malaysian government to speedily act to save the life of this Malaysian. Malaysia should also withdraw its objections, and allow the judicial review to be heard on its merits by the court;
     
  • Madpet also calls on both Singapore and Malaysia to abolish the death penalty, and immediately impose a moratorium on all executions. - Malaysiakini, 11/7/2017
 See related post, containing the original Media Statement:-

SINGAPORE, DO NOT EXECUTE MALAYSIAN S. PRABAGARAN ON 14 JULY 2017 - Respect Malaysian Courts and Malaysia (MADPET)


Letter from Changi Prison informing about the date of execution(could not confirm the authenticity)

SINGAPORE, DO NOT EXECUTE MALAYSIAN S. PRABAGARAN ON 14 JULY 2017 - Respect Malaysian Courts and Malaysia (MADPET)


Media Statement – 11/7/2017

SINGAPORE, DO NOT EXECUTE MALAYSIAN S. PRABAGARAN ON 14 JULY 2017
-          Respect Malaysian Courts and Malaysia -

MADPET(Malaysians Against Death Penalty and Torture) calls on Singapore to stop its plans to execute Malaysian citizen Prabagaran Srivijayan on Friday, 14 July 2017. Prabagaran was convicted and sentence to death for the offence of drug trafficking by Singapore.  There are concerns that he was not accorded a fair trial.

There is an application now pending at the Malaysian Court of Appeal to refer Singapore to the International Court of Justice (ICJ) for breach of the right to a fair trial. Last March, the Malaysian High Court denied the application for leave for a judicial review to compel Malaysia to intervene by referring Singapore to the ICJ. That means that this judicial review is not even been heard on the merits. Justice demands that Prabagaran not be executed until this court application be heard. 

Singapore will not lose anything by simply postponing the execution, better still commuting the death penalty to imprisonment. 

As such, for Singapore to execute this Malaysian at this stage, it may be said to be an act of disrespecting not only the Malaysian courts and Malaysia, but also be an affront to justice to execute before the convicted is able fully exercise all available legal options. To now continue with a speedy execution, will also raise the presumption that Singapore may be fearful that the International Court of Justice may indeed confirm that Prabakaran was denied a fair trial.

Whilst Singapore may have amended its laws, making it a possibility that persons convicted for drug trafficking not to be sentenced to death, there are serious flaws in this new current law. 

To escape the death penalty, the accussed needs to satisfy 2 conditions - (1) Must get a Certificate Of Substantive Assistance from the Attorney General's Chambers, and (2) prove on a balance of probabilities, that his involvement in the offence under section 5(1) or 7 was restricted — to transporting, sending or delivering a controlled drug; to offering to transport, send or deliver a controlled drug; to doing or offering to do any act preparatory to or for the purpose of his transporting, sending or delivering a controlled drug; or to any combination of activities above; 

Thus, without the Attorney General Chamber’s certificate, the judges in Singapore cannot exercise their discretion when it comes to sentencing, and will have no choice but to sentence the  convicted to death. 

It should be only court who determines whether ‘substantive assistance’ was given or not, certainly not the Attorney General’s Chambers. Some persons may not have any other information, and it is unjust conclude since they had not provided ‘substantive assistance’, they will die. Judges will certainly be more independent in determining whether the required or possible ‘substantive assistance’ was given or not – certainly not the Attorney General’s Chambers, who is also the prosecuting authority.

Hopefully, Malaysia will not make a similar mistake when it abolishes the death penalty, and would always ensure that only judges will be vested with the discretion when it comes to sentencing. 

To compound matters, the denial of access of lawyers in the Malaysian court actions to Prabagaran is unacceptable and against human rights.(Malay Mail, 7/7/2017)

MADPET calls on Singapore to immediately postpone the planned execution of Prabakaran until he has fully exhausted all his legal options in Malaysia and Singapore, and maybe even the International Court of Justice(ICJ);

MADPET also call for Prabakaran’s death penalty to be commuted;

MADPET calls on Singapore to amend its laws, returning discretion to judges when it comes to sentencing. The provision in law about the requirement of ‘Certificate of Substantive Assistance’ by the Attorney General’s Chambers, before the convicted becomes entitled to a sentence other than death penalty must be repealed.

MADPET also urges the Prime Minister Najib Tun Razak and the Malaysian government to speedily act to save the life of this Malaysian. Malaysia should also withdraw its objections, and allow the judicial review to be heard on its merits by the court.

MADPET also calls on both Singapore and Malaysia to abolish the death penalty, and immediately impose a moratorium on all executions.

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


Lawyers complain Malaysian set for Singapore hanging despite lawsuit

Friday July 7, 2017
03:24 PM GMT+8

KUALA LUMPUR, July 7 — Malaysian citizen S. Prabagaran’s execution in Singapore has been scheduled next Friday despite his court application here to refer Singapore to the International Court of Justice (ICJ), his lawyers said today.

N. Surendran and Latheefa Koya called for a halt to the 29-year-old man’s scheduled execution, saying that his trial and conviction for drug trafficking were tainted by a breach of his right to a fair trial.

“Why is Singapore rushing the execution before the court proceedings in Malaysia are concluded?

“To carry out the execution despite the pending proceedings in Malaysia would be in breach of international law and would disregard Prabagaran's constitutional rights,” they said in a statement.

The lawyers pointed out that there was an application pending at the Malaysian Court of Appeal to refer Singapore to the ICJ for breach of the right to a fair trial, after their client failed last March to obtain leave from the High Court here for a judicial review to compel Malaysia to intervene by referring Singapore to the ICJ.

Surendran and Latheefa also said Singapore had denied their application to interview and to take instructions from their client in Changi prison.

“We call upon the government of Singapore to halt the execution, and allow us immediate access to Prabagaran as his duly appointed lawyers acting in the pending Malaysian proceedings,” they said. - Malay Mail, 7/7/2017