Parliamentarians need educate constituents for abolition of death penalty(Star)

Thursday, 27 July 2017 | MYT 8:42 AM

MPs play biggest role in abolishing death penalty, says activist

by rashvinjeet s. bedi

image: http://www.thestar.com.my/~/media/online/2017/07/27/02/13/charles-hector.ashx/?w=620&h=413&crop=1&hash=217F68A785AD3EA6FDACC0E3747DCADFE046AEA1

 

KUALA LUMPUR: Parliamentarians should educate their constituents on the need to abolish the death penalty, said a human rights activist.

Malaysians Against Death Penalty and Torture (Madpet) coordinator Charles Hector (pix) said they should also convince their fellow colleagues and respective parties to take a clear stand on the abolishment of the death penalty.

“Since the death penalty exists in the laws, the laws need to be amended or repealed.

"So ultimately the final decision comes to the legislature, which is parliament and they have to pass the required laws to abolish it,” he told the Star Online after a parliamentary roundtable session on the abolishment of the death penalty here on Wednesday.

The session was arranged by the Parliamentary Global Action (PGA) group and attended by Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said, other parliamentarians, civil society organisations and government officials from other countries.

Hector claimed that he personally knew of parliamentarians from both sides of the divide who are for the abolishment of the death penalty but that a lot were afraid to publicly declare their stand.

“I think any good parliamentarian should not be doing things primarily for the purpose of winning or losing votes. He would not be playing his role to lead and to push for the correct decisions,” he said.

He said that as a very minimum, Malaysia should immediately amend the law to remove the mandatory death penalty for all offences, and not just for drug trafficking cases.

In March, Azalina said the Cabinet agreed to review the Dangerous Drugs Act 1952 to allow judges to use their discretion in sentencing offenders instead of imposing the mandatory death sentence.

Azalina had said the review will enable judges to mete suitable sentences in marginal cases where offenders could be given jail sentences.

Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi had told parliament in March that 1,122 prisoners were on death row nationwide as of Feb 21.

With nine executions in 2016, Malaysia is among 23 countries that executed 1,032 people globally. This figure excludes China, which Amnesty International believes executes thousands of people yearly.

Read more at http://www.thestar.com.my/news/nation/2017/07/27/parliamentarians-biggest-role-abolishing-death-penalty-says-activist/#TDyxxGEwMmSsrh8E.99

Bill To End Mandatory Death Penalty For Drug Offences Maybe Tabled Before This Parliamentary Session Ends(MADPET Media Statement))

Media Statement – 28/7/2017

Bill To End Mandatory Death Penalty For Drug Offences Maybe Tabled Before This Parliamentary Session Ends

-Impose Moratorium on Executions Pending Abolition of Mandatory Death Penalty-

MADPET(Malaysians Against Death Penalty and Torture) appreciates the commitment expressed by Minister in the Prime Minister's Department Azalina Othman Said, also the Minister of Law, to move fast and try to table the amendments of the Dangerous Drugs Act 1952 that will bring an end to the mandatory death penalty for drug offences.

On 25/7/2017, whilst speaking at the opening of the Parliamentary Roundtable and Consultations on the Abolition of the Death Penalty in Malaysia and in Asia, that was organized jointly by Parliamentarians for Global Action(PGA), Anti Death Penalty Asia Network(ADPAN) and Together against the Death Penalty (Ensemble contre la peine de mort - ECPM) at the Malaysian Parliament, Azalina said that she will try to get the proposed amendments tabled in this session of Parliament, if not by the next session of Parliament. MADPET’s Charles Hector presented a paper on the situation of the death penalty in Malaysia at this Parliamentary Roundtable.

Azalina mentioned that when section 39B of the Dangerous Drugs Act was first introduced in 1975, the sentence prescribed then was the death penalty or life imprisonment. However, in 1983, there was an amendment that brought in the mandatory death penalty for section 39B.

In March 2017, the Malaysian Cabinet’s approved the review the Dangerous Drugs Act 1952  to allow judges to use their discretion in senten­cing offenders instead of imposing the mandatory death sentence(Star, 24/3/2017).

The Minister said the Attorney General’s chambers will prepare the Draft Bill, which will then be sent back to Cabinet for its approval before it is tabled in Parliament. Azalina’s hope is that all parties will act speedily, and she hopes that the Bill could be tabled in Parliament before this Parliamentary session ends, if not, by the next session.  

MADPET hopes that all parties involved in the process which will end up with the tabling of the Bill to abolish the mandatory death penalty, and return the discretion to judges when it comes to sentencing, would make this a priority and expedite matters.

Malaysia should not make the mistake Singapore did

In 2012, Singapore amended its drug offences law that carried the mandatory death penalty, providing the possibility that in certain cases, sentencing discretion is returned to the judges.

In Singapore, to escape the mandatory death penalty for drug offences, the accused needed 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 …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.

Hence, without a Certificate of Substantive Assistance from the AG’s Chambers, judges in Singapore will still not have the discretion when it comes to sentencing, and this condition is unacceptable, as judges alone should be given the discretion when it comes to sentencing. Even the question of whether the accused provided substantive assistance and/or assistance should be decided by the Judge alone, not the Attorney General.

Hopefully, the Bill tabled in the Malaysian Parliament in the near future, will not have similar flaws, and all discretion will rest with judges alone when it comes to sentencing. Remembers that prosecutors in criminal cases comes from the AG’s chambers, where in Malaysia the Attorney General is also the Public Prosecutor, and, as such, it is unthinkable that they be given the power to decide whether discretion be given to judges to impose a sentence other than the death sentence, or not.

Whilst the amendment to the law, will return discretion to the judges when it comes to sentencing in cases after the amendment comes into force, the question that remains is what will happen to those now on death row for the offence of drug trafficking.

Persons currently on Death Row – Commute their sentence

In March, Minister Azalina said that according to Prison Department statistics, there are almost 800 prisoners on death row for drug trafficking offences under Section 39(B) (Star, 24/3/2017). Now, there would be more.

The amendments that will be tabled soon, would impact cases now being tried before the courts and future cases, but then it would be rather unjust to continue to execute those currently on death row for drug trafficking offences.

In Singapore, the solution was to send back such cases to the High Court that first heard the case, for the purpose of re-sentencing. However, this solution was flawed, as the evidence tendered and the submissions made when the case was being heard then by both the prosecution and the accused, was based on the law as it was at that point of time, and as such it would be unjust to simply review the case just for the purpose of re-sentencing under upcoming new laws. Only a re-trial before a different judge would do justice.

As such, the best solution forward would be the immediate commutation of all death sentences to imprisonment. Of course, the length of imprisonment would depend on the relevant facts and circumstances of each case. It would be grossly unjust for a ‘mule’ conned into transporting drugs, most likely by reason of poverty, to be sentenced to life imprisonment. Many also may not even have known that they were transporting drugs. Many a good person will help even an acquaintance who request a favour to send a package(or present) to someone else. Being Malaysians, they would, of course, respect the privacy of the other, and not even look into the package being transported.

Moratorium on executions pending the tabling and coming into force these new laws

Immediately, there needs to be a moratorium on executions, especially since the Malaysian Cabinet has already agreed, and all that remains are technical and procedural matters.

On or about 25/7/2017, in response to a Parliamentary question by Member of Parliament N. Surendran, it was revealed that Malaysia had executed 30 persons from 2007 until 10/7/2017, of which 3 were foreigners. 3 were executed for drug trafficking, 25 for murder and 2 for firearms offences.

It would be absurd to continue with executions. Cabinet’s recent decision on drug offences, is indicative of what may be the decision with regard to all other mandatory death penalty offences in other laws. The same principle applies, being that discretion must be returned to judges when it comes to sentencing. It is hoped that Malaysia will go even further and abolish the death penalty.

As such,

MADPET calls for all parties concerned in preparing and finalizing the required Bill that will have the effect of removing the mandatory death penalty from drug offences, and returning discretion to judges when it comes to sentencing, to act with haste so that the said Bill could be tabled at this session of Parliament, or latest the next session.

MADPET calls for an immediate moratorium on executions, pending the abolition of the mandatory death penalty in the Dangerous Drugs Act 1952.

MADPET reminds the Malaysian government that the disclosed intention of the review was towards the abolition of the death penalty, not just the mandatory death penalty, and urges the government to also now move forward and abolish mandatory death penalty in all other laws.

MADPET reiterates its call for the abolition of the death penalty, and for an immediate moratorium on all execution.

Charles Hector

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

Members of Parliament duty towards abolition of death penalty

Thursday, 27 July 2017 | MYT 8:42 AM

MPs play biggest role in abolishing death penalty, says activist

by rashvinjeet s. bedi

KUALA LUMPUR: Parliamentarians should educate their constituents on the need to abolish the death penalty, said a human rights activist.

Malaysians Against Death Penalty and Torture (Madpet) coordinator Charles Hector said they should also convince their fellow colleagues and respective parties to take a clear stand on the abolishment of the death penalty.

“Since the death penalty exists in the laws, the laws need to be amended or repealed.

"So ultimately the final decision comes to the legislature, which is parliament and they have to pass the required laws to abolish it,” he told the Star Online after a parliamentary roundtable session on the abolishment of the death penalty here on Wednesday.

The session was arranged by the Parliamentary Global Action (PGA) group and opened by Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said.

Present were parliamentarians, civil society organisations and government officials from other countries.

Hector claimed that he personally knew of parliamentarians from both sides of the divide who are for the abolishment of the death penalty but that a lot were afraid to publicly declare their stand.

“I think any good parliamentarian should not be doing things primarily for the purpose of winning or losing votes. He would not be playing his role to lead and to push for the correct decisions,” he said.

He said that as a very minimum, Malaysia should immediately amend the law to remove the mandatory death penalty for all offences, and not just for drug trafficking cases.

In March, Azalina said the Cabinet agreed to review the Dangerous Drugs Act 1952 to allow judges to use their discretion in sentencing offenders instead of imposing the mandatory death sentence.

Azalina had said the review will enable judges to mete suitable sentences in marginal cases where offenders could be given jail sentences.

Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi had told parliament in March that 1,122 prisoners were on death row nationwide as of Feb 21.

With nine executions in 2016, Malaysia is among 23 countries that executed 1,032 people globally. This figure excludes China, which Amnesty International believes executes thousands of people yearly.

Read more at http://www.thestar.com.my/news/nation/2017/07/27/parliamentarians-biggest-role-abolishing-death-penalty-says-activist/#8zZB3FtkDTzYmb2G.99

 

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)

 

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

Amnesty condemns Putrajaya's trend of deporting human rights activists

20 Jul 2017, 9:17 pm (Updated 20 Jul 2017, 10:22 pm) 

 

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

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)