Thursday, October 26, 2023

Abolish Detention Without Trial Law To Prove That PM Anwar Ibrahim Led-Government Is Truly Committed To Justice, Human Rights And Rule Of Law

Media Statement – 27/10/2023

Abolish Detention Without Trial Law To Prove That PM Anwar Ibrahim Led-Government Is Truly Committed To Justice, Human Rights And Rule Of Law

If someone commits a crime, then arrest, detain, charge them and give them a Fair Trial

On 27^th October, the Malaysian Day for the Abolition of the Detention Without Trial Laws, we recall the infamous abuse of Detention Without Trial(DWT) laws in Malaysia when on 27/10/1987, about 106 persons from all walks of life, including human rights defenders(HRDs), politicians( like Mohamad Sabu, Khalid Samad, Lim Guan Eng, Lim Kit Siang and late Karpal Singh), academics, worker rights activist, women HRDs and others were arrested and detained under the Internal Security Act 1960(ISA).

ISA abolished but Detention Without Trial laws became worse after that

2 of these DWT laws, being the ISA and the Emergency (Public Order and Crimes Prevention) Ordinance 1969 has since been abolished around 2012 thanks to amongst others, public protest and campaign. However, one DWT law remained to this day being the Dangerous Drugs Act (Special Preventive Measures) 1985.

But after the abolition of these 2 draconian DWT laws, Malaysia enacted a new DWT law being the Prevention of Terrorism Act 2015 (POTA), and the Prevention of Crime Act 1959 (POCA) was amended to become a DWT law.

The scope of DWT laws now in Malaysia is now so much broader, and allows the administration to arrest, and then detain indefinitely, or impose restrictions indefinitely on anyone without according the fundamental right to a fair trial – hence, the victims are unconvicted innocent persons, and as such it is in violation of the legal principle of presumption of innocence until proven guilty.

One must not be swayed by the names of any given DWT law, as they all can be used against anyone, irrespective of whether they were involved in terrorism, serious crimes or drug offences. After all, there is no way to verify what the police or government alleges, as victims are not accorded a trial, and they cannot even apply for a Judicial Review to confirm the validity of the ‘reasons’ given by the authorities to take action under any specific DWT law.

Right to Fair Trial Denied

Article 11(1) United Nations Declaration of Human Rights states ‘Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.’

In Malaysia, the police or other law enforcement can arrest persons as suspects who may have committed a crime and can only detain for no longer than 24 hours for purposes of investigation only.

Article 5(4) of the Federal Constitution states, that ‘Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate’s authority…’

The reason for this is that it is foolish to blindly trust the police or the government, and hence the need for a remand application and order by the Magistrate for any further detention beyond 24 hours.

The suspect has a right to be heard at remand hearings, and the Magistrate determines whether there really is a need for any further detention for the purpose of investigation, not any other purpose. The Magistrate determines whether the law is being complied with by the police, that there is no torture or any other wrong doing by the police.

If satisfied of the need for further remand, then and only then will the Magistrate gives a remand order, and today ‘(a) if the offence which is being investigated is punishable with imprisonment of less than fourteen years, the detention shall not be more than four days on the first application and shall not be more than three days on the second application; or (b) if the offence which is being investigated is punishable with death or imprisonment of fourteen years or more, the detention shall not be more than seven days on the first application and shall not be more than seven days on the second application…’(Section 117(2) Criminal Procedure Code)

DWT laws usurp judicial role of Magistrate in Remand Hearings

However, under DWT laws like POCA for example, when brought before the Magistrate, there is no real remand hearing, and the right of the suspect to be heard is denied. Before the magistrate, ‘Section 4(1)(a) POCA states, that ‘…on production of a statement in writing signed by a police officer not below the rank of Inspector stating that there are grounds for believing that the name of that person should be entered on the Register, remand the person in police custody for a period of twenty-one days’.

After 21 days, to extend remand for another 38 days remand, all that is required is the production of ‘4(2)(i) a statement in writing signed by the Public Prosecutor stating that in his opinion sufficient evidence exists to justify the holding of an inquiry ….’ and ‘(ii) a statement in writing signed by a police officer not below the rank of Assistant Superintendent stating that it is intended to hold an inquiry…’

Judicial authority and discretion of the Magistrate in remand application hearings is removed, so there can be no consideration as to whether the police has abused their powers or broken laws, and whether further detention is really needed at all.

The Magistrate has no choice on production police statements of belief but to order remand for 21 days. Even in the face of obvious evidence of torture or abuse, the Magistrate can do nothing about it.

Right to Judicial Review of reasons justifying detention/restrictions denied

In criminal matters, after the remand, the suspect will be charged in court and accorded a fair trial before an independent judge, but in DWT laws, there is no charge and no trial. After a criminal trial, if dissatisfied, you may appeal to higher courts, and in Malaysia, there is a right of 2 appeals – but in DWT laws, there is no trial and no right of 2 appeals.

Whereas, with DWT laws, the decision is made by a Board/Minister NOT Courts and Judges.

In fact DWT laws do specifically deny the right to challenge the REASONS the government use to detain/restrict you. You can only challenge the procedure – whether the steps taken as required by law that lead to the Board’s decision was complied with.

15B(1) states ‘ (1) There shall be no judicial review in any court of, and no court shall have or exercise any jurisdiction in respect of, any act done or decision made by the Board in the exercise of its discretionary power in accordance with this Act, except in regard to any question on compliance with any procedural requirement in this Act governing such act or decision.’

It is absurd as in Malaysia, generally all Minister’s and even the Prime Minister’s decisions are subject to judicial review, so there is no justification why the decisions of the Board/Minister under DWT laws are excluded?

Right to Habeas Corpus denied

Article 5(2) Federal Constitution states, ‘Where complaint is made to a High Court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him.’ – this is commonly known as the habeas corpus application, but the DWT laws does not allow any such application, which is in clear violation of the Article 5(2) constitutional guarantee.

Inconsistent with the just principles of the administration of criminal justice

In short, DWT is in conflict with standards, norms and principles of the administration of criminal justice in Malaysia. Thus, anyone, even the innocent, can be arrested, detained and even restricted for as long as the government decides without any Fair Trial, Right of Appeal or any recourse to court to challenge the reasons for his/her loss of liberty.

Easy for Police as No Need to Prove Guilt – Miscarriage of Justice?

DWT laws do not require the police/prosecutor to even obtain evidence or sufficient evidence to prove to the Board/Minister or court that a person has committed a crime beyond reasonable doubt. Are our police/prosecution not competent enough to go to court and prove that he/she is guilty of a crime?

‘Punishment’ for acts that may not be a criminal offence in Malaysia

In fact, there seem to be no need to even state the specific offence one under DWT laws is being ‘punished’ for. Hence, is it not in violation of the principle that no one can be arrested, detained or ‘punished’ for something that is not even a legally recognized criminal offence in Malaysia.

It violates Article 7(1) Federal Constitution, which states ‘(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.’ An offence must be clear and precise, and stipulates the sentence if convicted. It cannot be vague and general.

No DEFINITE period of ‘punishment’ – Grossly Unjust

In the administration of criminal justice, on conviction, one is sentenced to a definite period of imprisonment, or other punishment. But, with DWT laws, there is nothing definite about the period of detention or restrictions, for it is indefinite.

In terms of Detention. ‘a detention order for a period not exceeding two years, and may renew any such detention order for a further period not exceeding two years at a time, if it is satisfied that such detention is necessary.’.

Another example is police supervision orders, where again it can be ‘… any period not exceeding five years if the Board is satisfied that it is necessary… and may renew any such order for a further period not exceeding five years at a time…’

Hence, for DWT the loss of liberty, by reason of detention and other restriction is NOT DEFINITE ..and goes on so long as deemed necessary, and this is a serious injustice, more so for persons denied a Fair Trial and who have never been found guilty by court. A person is a victim – not a convicted criminal when DWT laws are used.

DWT laws is a tool of oppression of unjust governments that allows them to arrest, detain and restrict anyone, without the right to a fair trial, and without the ability to go for Judicial Review. The question now is whether this current Pakatan Harapan led-government of Prime Minister Anwar Ibrahim is a government that is committed to justice and the Rule of Law will speedily repeal detention without trial laws or not.

It is true that prominent politicians, human rights defenders and persons have not become victims of these DWT laws for some time, but the fact is that many persons in Malaysia continue to be victims of this draconian law. In March 2023, the Minister revealed that 132 were detained under POCA, but no disclosure of the numbers detained under POTA or the DD(SPM)A. Neither was there disclosure as to how many were confined like the people of Gaza to a town or District, or those under other restrictions/conditions under DWT laws.(Star, 7/3/2023)

So, is the government committed to justice for ALL, or will it simply be a hypocrite and retain these draconian laws. It is sad that some Members of Parliament (MPs) and politicians today absurdly believe that DWT laws and other draconian laws are still needed for the police to curb crime.

MADPET (Malaysians Against Death Penalty And Torture) reiterates the call for the abolition of all Detention Without Trial Laws including Prevention of Terrorism Act 2015 (POTA), Prevention of Crime Act 1959 (POCA) and Dangerous Drugs Act (Special Preventive Measures) 1985.

MADPET calls for the immediate and unconditional release of all victims of DWT laws that are currently detained, restricted and under police supervision. If they really committed any criminal offence, then charge them in court and accord them a fair trial.

MADPET also calls for the repeal of the draconian Security Offences (Special Measures) Act 2012 (SOSMA), which is not a Detention Without Trial law, as persons arrested for SOSMA listed offences will be charged and tried in court.

Charles Hector

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

Hundreds held under Sosma, Poca and Pota last year

Nation
Tuesday, 07 Mar 2023

KUALA LUMPUR: A total of 624 individuals were detained under the Security Offences (Special Measures) Act (Sosma) last year, says Datuk Seri Saifuddin Nasution Ismail (pic).

The Home Minister added that 140 of these detainees had already been released.

“Of those detained, 71 were charged in court, 401 were punished, 140 were released and 12 are still under investigation,” he said in a written reply to a question by Chow Yu Hui (PH-Raub) in the Dewan Rakyat yesterday.

Chow had asked about the number of those detained under Sosma, as well as the breakdown of their race and ages.

He also enquired about the number of those detained under the Prevention of Crime Act (Poca) and the Prevention of Terrorism Act (Pota).

Last month, Saifuddin Nasution, in a written reply to RSN Rayer (PH-Jelutong), said Sosma was still a relevant law to maintain national security because it allows the police to take immediate action to defuse any threats to national sovereignty and harmony.

Repealing Sosma was not among the pledges in Pakatan Harapan’s GE15 election manifesto, though several DAP leaders had previously criticised Sosma as having draconian provisions.

Meanwhile, Saifuddin Nasution said those detained under Sosma last year were between 18 and 69 years old and included 247 Malays, 83 Chinese, 89 Indians, 47 of other races and 158 foreigners.

On Poca, Saifuddin said that 132 individuals were detained, of which 67 were Malays, 13 Chinese, 38 Indians, 13 of other races and one foreigner.

He said those detained were between 19 and 59 years old.

Poca, which was amended in 2015, is a preventative law to deal with criminals, particularly members of secret societies, terrorists and other undesirable persons.

Saifuddin Nasution said that only one individual, a Malay, was detained under Pota and is currently under a detention order.

Pota, which was passed in April 2015, allowed authorities to take action against Malaysians suspected of being involved with the Islamic State or other terrorist organisations.

To a written question by Datuk Wan Saiful Wan Jan (PN-Tasek Gelugor), Saifuddin said that as of Jan 30 this year, 195 individuals were detained under Sosma and are currently undergoing trial.

Of this total, 46 were for smuggling and human trafficking, two for terrorism and 147 for organised crime under the Penal Code. - Star, 7/3/2023

Monday, October 23, 2023

Stop publicly suggesting women/persons are involved in ‘immorality’ or crimes, and do publicly clear their names/reputation when found to be innocent...(MADPET)

Media Statement – 24/10/2023

Stop publicly suggesting women/persons are involved in ‘immorality’ or crimes, and do publicly clear their names/reputation when found to be innocent

Amend law to require Search/Raid Court Warrants before Raids, and No more arbitrary Urine Tests without court orders

When women are arrested, and the media reports that it was a ‘anti-prostitution’ or against ‘GROs’ raid or crackdown, the impression that many will naturally get is that these women are sex criminals or women of bad character, which maybe in fact totally FALSE for they may simply be innocent women frequenting an entertainment outlet who were wrongly arrested.

Worse, if the media report carries photos or Video images. Why did the police provide information to the media, knowing very well that these women may have not committed any crimes whatsoever? Presumption of innocence until the court (not the police) finds them guilty.

Their image or reputation is not even partially cleared or restored because the media or the police often fail to make any follow-up statements/reports as to what happened to these women arrested, or that they have been found innocent. We also see almost no reports of women charged for any of these crimes.

End prejudice and actions promoting prejudice against women, including women from certain specific countries, who are found to be in certain business facilities in Malaysia when police raid and arrest people.

If the business is illegal, then action must be taken against the owners of such businesses, but not against workers and other patrons of the business.

Raids and arrest of persons in ‘entertainment’ outlets

There has been numerous media reports of foreign women being arrested and detained during raids at certain premises, which causes the perception that they maybe involved in a prostitution ring, or working as ‘illegal’ GROs - but then they may just be innocent tourists or migrant workers enjoying a night out.

In June, ‘Sixty-four foreign women were detained after authorities busted a prostitution ring operation.’(Star,19/6/2023). In July, ‘…the police have arrested 84 foreign women believed to be working as “guest relations officers” (GROs) in a raid on an entertainment centre in Bukit Bintang on Sunday.( FMT, 25/7/2023). In September, it was reported that ‘..the police have arrested 24 foreign and local individuals for providing guest relations officers (GRO) services in a raid on two entertainment centres in Cheras.(FMT, 19/9/2023)

Absence Of Follow-Up News Prolongs Prejudice

There is thereafter almost no news whether these women are being charged in court, accorded a fair trial and convicted, or alternatively that they are innocent. Why is that?

If they committed a crime, they would have been charged in court and tried. If they were victims of trafficking, they would be accorded protection as victims.

The fact that there is no follow-up news raises the possibility that innocent persons are wrongly arrested, maybe even defamed making one wonder as to the ‘real reasons’ for these raids and the reasons behind law enforcement’s act of informing the media.

Is it merely to show that the police is actively doing their job?

Maybe the Home Minister must explain these raids, as the arresting and detaining tourists or even migrant workers do cause injustice in terms of spoiling their holiday or impacting their employment/business.

207 Foreign Nationals arrested – GROs and being in entertainment outlets?

Recently, on 16/10/2023, Bernama (Malaysian National News Agency) reported that the police had detained 207 foreign nationals in raids carried out at six entertainment outlets in Kuala Lumpur, Selangor and Johor between 12-15 October. Amongst them the foreigners nabbed, were Thai, Laotian and Vietnamese women, aged between 19 and 51. In one raid, a total of 73 foreign nationals, aged between 20 and 44, believed to be working as guest relations officers (GRO) were detained during a raid in Serdang,

Tourist’s holiday in Malaysia is affected, if one is arrested and detained for a period. Social visit passes may expire in detention making one undocumented. You may miss your flights too. Noting language difficulty of foreign nationals and unfamiliarity with the law and legal procedures, injustice can happen. The worry is that even if brought to court, although innocent the poor and/or foreign nationals may plead guilty simply to be able to get back to their home country speedily.

Make search warrants mandatory – Judge ensures no abuse.

One thing that was lacking in this recent national news agency report was the mention of what exactly were the suspected crimes that led to these police raids and arrest by the Bukit Aman CID Anti-Vice, Gambling and Secret Societies Division (D7) in one case.

Was it a raid that happened on the basis ‘raid, arrest and hope that some in there will have committed drug or immigration crimes or other crimes’?

‘Police do not need a warrant to do a premises search if the case they are investigating involves an arrestable offence, says Penang police chief Comm Datuk Mohd Shuhaily Mohd Zain(Star, 14/7/2021). This is wrong, and it can lead to abuse of power by the police. The law must change.

MADPET(Malaysians Against Death Penalty and Torture) calls for an amendment of the law so that it is MANDATORY for the police to get Search Warrants issued by Judges before any raids, to also prevent abuse of power.

Police raids also can be because of ‘corruption’ – the ‘kaw-tim or settle culture’ – where after arrested, a payment can result in release, end of investigation and no prosecution.

Police raids reasonably benefits competitors in the same or similar businesses. If places are subjected to police raids, where the patrons are also arrested, detained and even subjected to urine tests, then many customers will simply avoid such establishments.

ONLY those ‘controlled’ by foreigners raided? – Discrimination?

The raids were allegedly on ‘…entertainment outlets ‘controlled’ by foreigners…’, which hints of discrimination. It certainly is not illegal in Malaysia for businesses to be owned and run by foreigners, fully or partially. Even in Malaysian owned businesses, many are run and even managed by foreigners.

One wonders whether similar raids and arrest will happen in the clubs and entertainment outlets frequented by the rich or the upper classes? Will there be same treatment by the police? Remember, Art. 8(1) Constitutional guarantee that ‘All persons are equal before the law and entitled to the equal protection of the law’.

Why Bukit Aman – not Local Police or Local Council Enforcement Officers?

The premises mentioned in the 16/10/2023 report were in operation for ‘for three months to one year’, and this raises the presumption that they are all legally registered business premises. The local government is the relevant authority that grants permission and even advertisement for any business premises in their area of governance, including these entertainment outlets.

The question that arises is why the relevant Local Government enforcement officers did not act?

Why the Bukit Aman police, and not the local police that did the raid? Was it so because there was concern of ‘corruption’ related to the raided premises involving the local police, or Local Government (Council) staff and officers? Will corrupt officers inform the premises in advance of raids? Will MACC investigate?

The said Bernama report made no allegation that any of the foreign nationals were found to be illegally in Malaysia, and as such, one may assume that they all had the relevant social visit visa, employment or business visas.

GROs is not illegal work – it is a legal job/work?

Guest Relations Officer (GRO) is not an illegal job, so the government, police and media must be careful not to demean this occupation.

In entertainment outlets like restaurants, bars, spas and entertainment places, just like in other small consumer dependent businesses, the idea is to be good to customers so that they will come again, and thus the work of frontline staff and even GROs. If the customer requests your company for a certain duration for a fee, it is legitimate work, and there is nothing illegal whatsoever the rate is for time spent.

One must also note customers at entertainment outlets also meet ‘strangers’ and spend some time interacting. So, were these women even ‘GROs’ or were they simply fellow patrons, or persons visiting friends?

It must be noted that in Malaysia, prostitution is against the law when ‘…a female offering her body for promiscuous sexual intercourse for hire’ is an offence, is a crime. So, if there is no issue of hiring for ‘sexual intercourse’, it is no crime.

MADPET (Malaysians Against Death Penalty and Torture) calls on the government, including the police or law enforcement to stop arrest and detention of arbitrary women or persons, including foreign nationals, save when there are real reasonable suspicion that the particular person/s has committed a crime;

MADPET calls for an end of defamatory practices particularly affecting the reputation of women, including issuing/making of statements and/or providing pictures to the media which creates perception that women that are arrested maybe involved in immoral or illegal work or crime. The presumption of innocence until found guilty in court must be recognized and practiced.

MADPET calls for a full disclosure as to what happened to the persons arrested in these raids, as to whether investigation revealed them innocent, or whether they were charged in court. A public apology in the media is one just means to attempt to correct the wrong public perception generated. They may simply be innocent victims (including women) having committed no immoral illegal acts;

MADPET calls for laws to be amended to require a Search/Arrest/Raid Warrant issued by Judges, before any such raids of premises are conducted, where Judges will evaluate to see whether there is sufficient evidence to justify a police search/raid/arrest. To leave it to the police to do as they please have risks, and even possible abuse of power.

MADPET calls for the recognition of the RIGHT for a person to deny Urine/Blood Tests and taking of other bodily samples. A court order should be a pre-requisite. There must be reasonable suspicion, not simply fact that one is found in any particular premises during a raid, before urine samples can be obtained.

MADPET also notes that on 19/8/2023, 2 Deputy Public Prosecutors(DPPs) and 15 cops arrested in entertainment outlet, where urine tests was positive for all but one police officer. On 11/10/2023, it was reported that ‘investigation paper regarding a senior officer and 14 policemen arrested during a raid at an entertainment outlet in Seremban last August has been referred to the deputy public prosecutor (DPP) for further action.’(Sun), however there was no mention about the 2 DPPs. Everyone is equal and should be accorded equal treatment under the law. Charge them in court, and not simply use internal disciplinary measures.

Charles Hector

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

Police: Over 200 foreigners detained in raids on six entertainment outlets

Police detained 207 foreign nationals in raids carried out at six entertainment outlets in Kuala Lumpur, Selangor and Johor from Thursday till yesterday. — Picture by Ahmad Zamzahuri

Monday, 16 Oct 2023 7:00 PM MYT

KUALA LUMPUR, Oct 16 — Police detained 207 foreign nationals in raids carried out at six entertainment outlets in Kuala Lumpur, Selangor and Johor from Thursday (October 12) till yesterday.

Bukit Aman CID deputy director (Investigation/Legislation) Datuk Rusdi Mohd Isa said the raids on four premises in Kompleks Wilayah, Jalan Dang Wangi here yesterday involved activities at entertainment outlets ‘controlled’ by foreigners.

According to him, a total of 38 Bangladesh and Pakistan nationals were detained in the four clubs which had been in operation for three months to one year.

“The inspection (of these premises) found the manager, assistant manager and workers at these entertainment outlets were Bangladesh nationals while the customers were mostly Bangladeshis, with 10 locals,” he said in a press conference in Bukit Aman today.

Meanwhile, a total of 96 foreign nationals were detained on Thursday in a separate raid by the Bukit Aman CID Anti-Vice, Gambling and Secret Societies Division (D7) in Taman Tampoi Indah, Johor Bahru.

Rusdi said among the foreigners nabbed, were Thai, Laotian and Vietnamese women, aged between 19 and 51.

Meanwhile, a total of 73 foreign nationals, aged between 20 and 44, believed to be working as guest relations officers (GRO) were detained during a raid in Serdang, Selangor on Saturday.

“Investigations revealed that the entertainment outlet had an open pub concept and karaoke centre offering rooms from RM800 to RM2,000, and a GRO package of RM100 per hour per person as well as ‘flower necklace’ tip payments of between RM50 and RM500.

“Urine tests carried out found eight local men and seven women positive for ketamine. We also arrested two local men who worked as bouncers (at the premises) and are believed to be involved in secret society activities,” he added. — Bernama, Malay Mail, 16/10/2023

84 foreign GROs detained in Bukit Bintang entertainment centre raid

By Wara Zulkiflee - July 25, 2023 @ 11:05am

KUALA LUMPUR: Eighty four foreign women believed to be guest relations officers (GRO) were arrested in a police raid at an entertainment centre in Dang Wangi on Sunday.

The women aged between 18 to 46 were detained in a raid by the Anti-Vice, Gambling and Secret Societies Division (D7) from Bukit Aman's Criminal Investigation Department at 1.10 am in Bukit Bintang.

Nine Malaysians aged 31 to 45 comprising the entertainment centre's manager, cashiers and employees were also taken into custody.

Inspector-General of Police Tan Sri Razarudin Husain said in a statement today that the entertainment centre did not possess a valid licence for its operations and misused a restaurant license issued by Kuala Lumpur City Hall.

He said police conducted a urine test 336 customers, 22 Malaysians GROs , 84 foreign GRO and found that six of the guests at the centre were positive for methamphetamine and ketamin abuse.

"The premises provided 17 karaoke rooms with a package starting from RM3,800 to RM25,000.

"The package included foreign and local GROs at the request of customers based on the rates."

During the raid, a number of items were seized including RM13,682. All items will be transported to the Dang Wangi district police for further investigation.

"We will take action against any entertainment centre which conduct illegal activities such as hiring foreign GROs, vice and distribution and usage of drugs on the premises," he said.- NST, 25/7/2023

Cops crack down on operations using ‘foreign mummies’ for GRO services

Police nab 24 foreign and local individuals in raids on two entertainment centres.

FMT Reporters - 17 Sep 2023, 1:32pm

Police say the premises are located among shophouses and equipped with CCTV cameras.

PETALING JAYA: The police have arrested 24 foreign and local individuals for providing guest relations officers (GRO) services in a raid on two entertainment centres in Cheras.

Bukit Aman’s criminal investigation department (CID) said the suspects used foreign agents, or “mummies”, to attract customers, who are predominantly foreigners, Sinar Harian reported.

The entertainment centres were also found to be operating without licences during the raids on Thursday, he said.

“Investigations found that both the raided premises employed ‘mummies’, or foreign women, to assist customers in obtaining the GRO services,” the CID was quoted as saying in a statement.“They also sold garlands which customers could ‘gift’ to selected GROs, and payment ranging from RM100 to RM1,000 could be made directly to the chosen women.”

The report said the premises were located among shophouses and equipped with closed-circuit television (CCTV) cameras.- FMT, 17/9/2023

Penang chief cop: No search warrant needed when investigating arrestable offence

By IMRAN HILMY Nation

Wednesday, 14 Jul 2021 4:50 PM MYT

GEORGE TOWN: Police do not need a warrant to do a premises search if the case they are investigating involves an arrestable offence, says Penang police chief Comm Datuk Mohd Shuhaily Mohd Zain.

Comm Mohd Shuhaily was commenting on a case where a woman refused to allow a group of policemen in plain clothes to enter her apartment because she did not believe they were real police officers.

Videos of the incident had gone viral on social media and messaging apps.

In the incident, the woman did not allow the team who identified themselves as policemen from Nilai commercial crime unit and Penang's Dato Keramat police station, who were conducting a raid under Ops Pelican on July 12 at about 11pm.

Comm Mohd Shuhaily said premises owners have the right to decide who they will allow into their house.

"However, police also have rights if the case they are investigating involves an arrestable offence, and a raid can be conducted without a warrant," he said in a press conference at the Penang police headquarters on Wednesday (July 14).

When asked if police would take action against the woman in the video, Comm Mohd Shuhaily said she cooperated after she was eventually convinced that the group were indeed policemen.

"If she had not cooperated, action under Section 186 of the Penal Code could have been taken against her," he said.

In the videos, taken from the woman's perspective behind a closed grille door, a group of at least seven policemen wearing plain clothes is seen asking her to cooperate and allow them into her apartment for an inspection.

Only one of the men is seen wearing a yellow vest with the letters "PDRM" on it.

The woman says that she does not believe that they are policemen and that she cannot let them in.

She also tells them she is afraid to open the door, as it is late and there are children in the unit.

She appears to be livestreaming the video and asks for help and advice from her friends on social media.

The men then tell her to call 999 for confirmation as they have been waiting for hours.

They also threatened to cut the padlock to the unit to gain entry but eventually decided against it. - Star, 14/7/2021

Cops held at entertainment outlet: Investigation paper sent to DPP

11-10- 2023 09:18 AM

Pix for representational purposes - Polis Daerah Ampang Jaya/FBPIX

SEREMBAN: The investigation paper regarding a senior officer and 14 policemen arrested during a raid at an entertainment outlet in Seremban last August has been referred to the deputy public prosecutor (DPP) for further action.

Negeri Sembilan police chief Datuk Ahmad Dzaffir Mohd Yussof said the urine test results of the personnel involved yielded a mix of positive and negative outcomes, as per the pathology report received.

“The investigation paper has been referred to the DPP and there are still some instructions that need to be acted upon...the police are currently updating the probe,” he told reporters after launching the Amanita adopted neighbourhood (taman angkat) here yesterday.

Ahmad Dzaffir also said that the date for the prosecution is yet to be determined and all individuals involved are still suspended from duty pending the completion of the investigation.

The media previously reported that 15 police personnel along with a DPP and a court registrar were nabbed during the raid.

Earlier, Ahmad Dzaffir in his speech said that Amanita or the Peace Lady squad is an initiative by the Royal Malaysia Police to combat crimes in residential areas by engaging housewives in neighbourhood safety.

“The role of women is considered crucial in efforts to prevent and combat crimes, as 70 per cent of women in this country are homemakers.

“Therefore, society needs to change the mentality of not caring about other’s affairs to be aware of what is happening around, especially concerning universal security,” he said. - Bernama, The Sun Daily, 11/10/2023

2 DPPs, 15 cops arrested in entertainment outlet

By New Straits Times - August 19, 2023 @ 6:37pm

KUALA LUMPUR: Fifteen policemen and two deputy public prosecutors were arrested in a raid on an entertainment outlet in Seremban, Negri Sembilan, by the Integrity and Standards Compliance Department (JIPS) from Bukit Aman early this morning.

According to police sources, a 2.30am raid was mounted by the Bukit Aman JIPS team this morning at a karaoke centre at Wisma Punca Emas, Seremban.

Following a urine drug test, it was found that 14 out of the 15 police officers including a senior police officer had failed the urine tests.

The two deputy public prosecutors had also failed the urine test.

The New Straits Times has contacted the Negri Sembilan police chief Datuk Ahmad Dzaffir Mohd Yussof and Bukit Aman JIPS director Datuk Seri Azri Ahmad for confirmation. - NST, 19/8/2023

Thursday, October 12, 2023

Malaysia must SUE, not protect, Malaysian companies overseas that is responsible for hazardous haze people in Malaysia suffers (MADPET)

Media Statement – 13/10/2023

Malaysia must SUE, not protect, Malaysian companies overseas that is responsible for hazardous haze people in Malaysia suffers

Tort of Nuisance and other legal means already there – no need to wait for any new laws

Recently, the Natural Resources, Environment and Climate Change Minister Nik Nazmi Nik Ahmad indicated that Malaysian companies operating overseas, including in Indonesia, may be contributing to transboundary haze, which all in Malaysia now suffer from.

“We have reminded plantation companies operating in neighboring countries that we will not defend them if they are involved in open burning (especially) in Indonesia,” the Natural Resources, Environment and Climate Change Minister said during Ministers' Question Time in the Dewan Rakyat on Thursday (Oct 12).(Star)

Haze Affects Health/Environment And Cost The Government

In a 2014 study that ‘…assessed the economic value of health impacts of transboundary smoke haze pollution in Kuala Lumpur and adjacent areas in the state of Selangor, Malaysia. Daily inpatient data from 2005, 2006, 2008, and 2009 for 14 haze-related illnesses were collected from four hospitals. …A smoke haze occurrence was associated with an increase in inpatient cases by 2.4 per 10,000 populations each year, representing an increase of 31 percent from normal days. The average annual economic loss due to the inpatient health impact of haze was valued at MYR273,000 ($91,000 USD)….’ – Abstract from research by Jamal Othmen and 3 Ors.

Today, in 2023 we are still faced with the haze problem, and possibly the economic loss suffered is much greater. Then, there is also to health issues suffered by individuals and their family, and this loss is yet to be computed, as it could also include loss of personal income, cost of healthcare and even unnecessary impacts to person’s health which could be long-term too. Then, there is an impact to the environment.

Why is Malaysia not taking legal action against companies? Will Not Defend Position Inadequate

It is good that Malaysia will not defend Malaysian companies responsible for the haze Malaysians are suffering from, but the question is WHY is Malaysia NOT taking legal action against these companies who by their action/omission is affecting Malaysian peoples’ health, environment and even our right of quiet enjoyment of our land.

Tort Of Nuisance Is Possible Cause Of Action Against Companies

Malaysian government can sue on behalf of all in Malaysia for public nuisance, or assist private persons to sue. One possible cause of action is the tort of nuisance, be it public nuisance or private nuisance

Public nuisance arises when the action or activities by the perpetrators interfere with the comfort and convenience of public within a particular community. It is sufficient to show that there is a class of people from that community who have suffered the consequences of the said nuisance

Private Nuisance is "doing on his own land something which he is lawfully entitled to do. His conduct only becomes a nuisance when the consequences of his acts are not confined to his own land but extend to the land of his neighbour by: (1) causing an encroachment on his neighbour's land, when it closely resembles trespass; (2) causing physical damage to his neighbour's land or building or works or vegetation upon it; or (3) unduly interfering with his neighbour in the comfortable and convenient enjoyment of his land.", as stated by then Court of Appeal Judge Mary Lim[i].

Here, in the case of private nuisance, it does not matter whether if what the preparator is doing is LEGAL or not – but the fact that the consequence of what he is doing is spilling over and affecting lives of people in other lands, just like HAZE or smoke from burnings.

Use the Courts Against Perpetrators – Companies/Individuals

There is remedy in law against the actual perpetrators that have affected our air quality by their actions/ommission, which have affected the health and even the environment of the people of Malaysia.

We can commence legal action even if the perpetrators do it in a neighbouring country, like Indonesia.

As such, Malaysia must immediately sue the Companies responsible, its Directors, relevant officers and maybe also majority shareholders, without even having to commence any legal action against Indonesia. Are any of these government-linked companies(GLCs)?

Indonesia Not Willing To Cooperate Irrelevant For Legal Action Against Perpetrators

It is ignorant for Minister Nik Nazmi to say ‘“As it involves the sovereignty of a neighbouring country and if they are not willing to cooperate, we will not be able to enforce the law,”(Star, 11/10/2023). There are ways of taking action against any other sovereign nation.

With or without a Transboundary Act in place, Malaysia directly and/or through persons in Malaysia can already commence required legal action against companies who are responsible for the fires in Indonesia that is causing the haze problems.

The legal action can be commenced in Malaysia, or even in Indonesia. It is not necessary to even add the Indonesian government as a party as you can just sue the companies or persons responsible.

Commence Action in Malaysian Courts or Indonesian Courts

After all, we are suffering the consequence, being the poor air quality that is also causing health issues in Malaysia. It is absurd to even suggest that Malaysia or Malaysians cannot take action because the companies or their actions that result in fire that causes haze are in Indonesia.

Legal action can be commenced in the Malaysian Courts, and if needed also in the Indonesian courts.

Besides tort actions, other actions even criminal proceedings are also possible options especially when the perpetrators are Malaysian companies, Malaysian Directors or shareholders. The ultimate responsibility for actions/omissions of any company lies with the shareholders.

Malaysian Government Resources Needed for Anti-Haze Legal Actions

Malaysian government has the needed resources for investigation and evidence gathering even overseas, and they can use it to identify companies that caused the fire or burnings that may also have spread causing forest fires in Indonesia. Malaysia can find needed evidence to show that the haze we suffer in Malaysia is linked to a company’s action/omission. The government also can get evidence to show the link between haze and diseases/medical conditions or even to the environment.

For an individual alone to do this, it may be onerous but with the government’s assistance, including the Ministry of Natural Resources, Environment and Climate Change, it becomes a possibility for Malaysia (representing the people) or private individuals (with the assistance of the government) to be able to take legal action to get justice.

Besides compensation, an important remedy in a court action could be an injunctions to get these companies, usually plantation companies, to stop open burning or even to impose conditions to prevent haze if burning is to be done.

Sue the Directors/Managers/Shareholders Not Just the Company

When actions are taken against companies, including Malaysian companies, the Directors, Manager, officers and even shareholders ought to be made parties and sued. It should not matter if they are government-linked entities/persons.

Prioritize People over Profits

Malaysia must prioritize the well being of all in Malaysia over profits/income of corporations, even if they are Malaysian companies.

Blaming Indonesia or other countries has so far sadly been the approach generally taken by Malaysia, but Malaysia really must act now against the companies or persons that caused the fires by their action/omission, which may have even caused forest fires that caused this haze.

MADPET (Malaysians Against Death Penalty and Torture) calls for action now against all who caused this haze and air quality problem that is also affecting our health and the environment.

Our comfort, our right to good health and the right to enjoy a clean and safe environment has been affected.

Charles Hector

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

[i] CIVIL APPEAL NO: B-02(NCVC)(W)-1163-06/2017]10 JULY 2019

Govt will not defend Malaysian companies contributing to the haze

By RAGANANTHINI VETHASALAM, MARTIN CARVALHO, ARFA YUNUS and MAHADHIR MONIHULDIN Nation

Thursday, 12 Oct 2023 12:18 PM MYT
KUALA LUMPUR: The government will not defend Malaysian companies operating overseas which contribute to transboundary haze, says Nik Nazmi Nik Ahmad.

“We have reminded plantation companies operating in neighbouring countries that we will not defend them if they are involved in open burning (especially) in Indonesia,” the Natural Resources, Environment and Climate Change Minister said during Ministers' Question Time in the Dewan Rakyat on Thursday (Oct 12).

Nik Nazmi said his ministry and the Foreign Ministry had submitted a diplomatic note to the Indonesian government informing Jakarta of the haze situation in Malaysia and the intention to work together on operations to put out fires at affected areas.

Nik Nazmi said the transboundary haze issue cannot be resolved solely through the enactment of laws or by pointing fingers.

“We have to admit that aside from Malaysia, Indonesia too had taken steps to address the issue of burning at plantations and peat fires in the past few years, through a presidential decree and other measures,” he said.

He said there were several impediments to enacting transboundary laws such as coordinates, location, and the details of landowners and companies operating in the affected areas.
“As it involves the sovereignty of a neighbouring country and if they are not willing to cooperate, we will not be able to enforce the law,” he said.

He said while Singapore has a Transboundary Act in place, it has not been successful when it comes to mounting legal charges.

ALSO READ: Indonesia minister says no transboundary haze to Malaysia, fires on decline

“We will adopt the diplomatic approach and also (seek) technical and scientific cooperation under the Asean Agreement on Transboundary Haze Pollution (AATHP).

“This agreement (has) existed since 2002 and Malaysia was among the first nations to sign,” he said.

Moving forward, Nik Nazmi said Asean member states must work towards improving the AATHP to combat the cross-boundary haze situation affecting the region.

He said under the current Asean agreement there are no provisions for punitive action to be initiated against companies or countries which induce haze.

“This is a constraint we have under the current framework,” he said.

Nik Nazmi was responding to a question from Datuk Idris Ahmad (PN-Bagan Serai) on whether or not existing Acts suffice in terms of enforcement against neighbouring countries.

ALSO READ: Haze hits Johoreans’ respiratory systems

The annual haze which results from forest fires in Indonesia has been a bone of contention in the region for several years.

Every dry season, the region is covered in smog due to smoke from fires in Indonesia. These fires are usually from land clearing for oil palm and other plantations.

Indonesian Environment and Forestry Minister Siti Nurbaya Bakar said on Oct 6 that forest fires in some parts of Sumatra and Kalimantan had declined with no haze detected moving to Malaysia.

Her remarks came after Nik Nazmi said in a recent interview with Reuters that he had asked his Indonesian counterpart to address the haze as air quality in the country was worsening, saying haze should not be a new normal. - Star, 12/10/2023

Tuesday, October 10, 2023

Malaysia Still Retains The Death Penalty For About 33 Offences – No Change After Mandatory Death Penalty Abolished - Abolish Death Penalty and Torture

World Day Against the Death Penalty Media Statement – 10/10/2023

Malaysia Still Retains The Death Penalty For About 33 Offences – No Change After Mandatory Death Penalty Abolished

Abolish Death Penalty and Torture

10^th October is the World Day Against the Death Penalty. Every year, on this day, focus is given to a specific issue, and in 2023, the theme is Torture and the Death Penalty.

It highlights, amongst others, the use of torture, be it physical, psychological or sexual during investigations before one is charged and tried. Other focus include torture suffered by those on death row awaiting execution – known as the death row phenomenon, and torture during execution due to methods used. Lastly, it highlights the torture suffered by family and children of persons on death row, and when executed – noting this a category of innocent persons are also severely affected by the death penalty.

Torture During Investigation Must End

In Malaysia, even though torture is prohibited by law, nonetheless it still is being used by the police, other law enforcement and even the prosecution in some cases, allegedly for the purpose of securing ‘necessary evidence’ . This is an unacceptable justification, and the use of torture must end.

Allegation of torture by police and law enforcement are extremely difficult to prove by the accused, more so when there is no CCTV with recording capacity in all places of the station, or that will be able to confirm no torture by police from the point of arrest.

Getting suspects to confess was perceived as the main reason behind torture in police custody, and Parliament in Malaysia since 2007 has amended the Criminal Procedure Code that now do not allow the prosecution to use any statements made by accused during the course of a police investigation like confessions. Section 113(1) of the Criminal Procedure Code states that ‘…no statement made by any person to a police officer in the course of a police investigation made under this Chapter shall be used in evidence…’ Only the accused can use such statements in court.

However, the problem remains that other statements, not confessions, could still be used to recover other evidence other than confessions.

In the case of the murder Altantuya Shaariibuu in 2006, the fact that the accused for an offence that then carried the mandatory death penalty ‘… had also independently led the police to the scene of crime which was a remote and isolated place up in the hills…’. Why would anyone lead the police to evidence for an offence that will result in their being executed? Was there torture used? Was there ‘other promises’? Most suspects reasonably will keep quite, and most lawyers will have advised against doing anything that will assist the police get evidence needed to convict.

Malaysia and the Death Penalty

In 2018, on the World Day Against Death Penalty, it was announced that the ‘Malaysia's Cabinet has reached a consensus that the death penalty for 33 offences as provided for under eight Acts of law should be abolished…’(Bernama/Straits Times 13/11/2018).

However, on 13th March 2019, Malaysian cabinet did a U-turn on abolishing the death penalty for all 33 offences, and instead agreed to only abolish the mandatory death penalty for all 11 mandatory death penalty offences. The Pakatan Harapan then lacked the political will and courage to abolish the death penalty.

The Bill to abolish mandatory death penalty was finally tabled in October 2022, by the then Perikatan Nasional government during the premiership of Ismail Sabri. Thereafter, Parliament was dissolved and there was General Elections, and a change of government.

Then, the new Pakatan Harapan ‘unity government’ or coalition government tabled the law to abolish mandatory death penalty and life imprisonment. The Abolition Of Mandatory Death Penalty Act 2023 came into force on 4/7/2023, but sister Act that would allow those on death row to apply to court to review their death sentence was delayed.

Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 finally came into force on 12/9/2023, now allowing about 1,020 prisoners (of which about 850 on death row who had been handed mandatory death penalty) or the rest serving life imprisonment sentences to now file applications in court to review these sentences.

The result of the abolition of mandatory death penalty now means that judges now have a choice in sentence other than just the death penalty, but the reality is that the Death Penalty remains in all the still about 33 offences.

Courts Continue To Hand Down Death Sentences

Despite the abolition of the mandatory death penalty, it is disturbing that the courts are still handing down the death penalty. As examples, on 1/8/2023, Two men charged with murdering a woman were sentenced to death by the High Court; and on 2/8/2023, the Court of Appeal in Putrajaya today upheld the death sentence imposed on a businessman for trafficking in 9.528kg of cannabis. (Malaysia Now).

Number Of Offences That Provide For Death Sentence Remains The Same

MADPET (Malaysians Against Death Penalty and Torture) notes that things will still remain the same as death sentence is still available for about 33 offences, many of which do not even result in any death or grievous bodily harm of any victim whatsoever. For so long, as death penalty is not abolished, people will still continue to be sentenced to death by the Courts.

Even after the revision of death sentence of the about 850 on death row, it is likely that many will still end up with the death sentence. Not all will receive the alternative sentence of imprisonment plus whipping. So death row will still have people waiting to be hanged.

Courts cannot be blamed for sentencing people to death for so long as the death penalty remains in the law. Only the government, now Anwar Ibrahim’s Pakatan Harapan led ‘unity government’ can totally abolish the death penalty in law.

Malaysia’s position which had been declared to the world, when Malaysia voted in favour of the UN General Assembly Resolution in 2018, 2020 and 2022 has been than Malaysia will abolish the death penalty. Malaysia committed to a moratorium on execution pending abolition. Will Anwar Ibrahim led government have the courage and political will to abolish death penalty?

In Indonesia, at the end of 2022, the revised Criminal Code introduced an automatic 10-year probation for convicts on death row to demonstrate good behavior for the possibility of having their sentences commuted.

The global trend has been towards abolition – as countries no longer believe in ‘murdering’ the convicted, but rather imposing a punishment that will allow for repentance, rehabilitation and a second chance.

MADPET reiterates the call for the total abolition of the death penalty in Malaysia, and a moratorium on execution pending abolition;

MADPET urges Judges to consider not sentencing any person to death at the risk of miscarriage of justice, noting that the innocent can be wrongly executed just like what happened the case of Chiang Kuo-ching, who was executed in Taiwan in 1997 after being convicted of sexually abusing and murdering a five-year-old girl. After his death, in 2011, Taiwan’s Ministry of Justice admitted that Chiang had been executed in error;

MADPET calls for the abolition of Torture, especially by the police and law enforcement, and urge the speedy installation of CCTV with recording capacity be installed at all areas of police station, and body-cams be mandatory for police and other law enforcement. From the point of arrest until he/she is charged, there must be evidence that no torture or wrongdoings were committed by the police or law enforcers in violation of the law, in violation of a suspect’s rights and justice; and

Noting that death penalty cannot be abolished unless by law, MADPET calls on Prime Minister Anwar Ibrahim, the Executive and Parliament to speedily amend laws that will effectively abolish the death penalty in all lows. If not Courts that are bound to follow the written law may continue sentencing persons to death when convicted for any of the about 33 offences that still carry the death penalty.

Charles Hector

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

LETTER | No change after abolishment of mandatory death penalty

Charles Hector

Published: Oct 10, 2023 11:14 AM

⋅

Updated: 11:14 AM

LETTER | Oct 10 is the World Day Against the Death Penalty. Every year, on this day, focus is given to a specific issue, and in 2023, the theme is Torture and the Death Penalty.

It highlights, amongst others, the use of torture - be it physical, psychological, or sexual - during investigations before one is charged and tried.

Other focuses include torture suffered by those on death row awaiting execution - known as the death row phenomenon - and torture during execution due to methods used.

Lastly, it highlights the torture suffered by the families and children of persons on death row, noting this a category where innocent persons are also severely affected by the death penalty.

Torture during investigation must end

In Malaysia, even though torture is prohibited by law, it still is being used by the police, other law enforcement, and even the prosecution in some cases, allegedly for the purpose of securing “necessary evidence”.

This is an unacceptable justification and the use of torture must end.

Allegations of torture by police and law enforcement are extremely difficult to prove by the accused, more so when there is no CCTV with recording capacity in the places of detention or any other methods that are able to confirm that there has been no torture by police from the point of arrest.

Getting suspects to confess was perceived as the main reason behind torture in police custody and the Malaysian Parliament since 2007 has amended the Criminal Procedure Code that now does not allow the prosecution to use any statements made by the accused during the course of a police investigation like confessions.

Section 113(1) of the Criminal Procedure Code states that “…no statement made by any person to a police officer in the course of a police investigation made under this Chapter shall be used in evidence…”. Only the accused can use such statements in court.

However, the problem remains that other statements, not confessions, could still be used to recover other evidence other than confessions.

In the murder of Altantuya Shaariibuu in 2006, the fact that the accused for an offence that then carried the mandatory death penalty “… had also independently led the police to the scene of the crime, which was a remote and isolated place up in the hills…” was suspicious.

Why would anyone lead the police to evidence for an offence that will result in their being executed? Was there torture used? Were there “other promises”?

Most suspects would reasonably have kept quiet and most lawyers would have advised against doing anything that would assist the police in getting the needed evidence to convict.

Malaysia and the death penalty

In 2018, on World Day Against Death Penalty, it was announced that “Malaysia’s cabinet has reached a consensus that the death penalty for 33 offences as provided for under eight Acts of law should be abolished…” (Bernama/Straits Times 13/11/2018).

However, on March 13, 2019, the Malaysian cabinet did a U-turn on abolishing the death penalty for all 33 offences and instead agreed to abolish the mandatory death penalty for all 11 mandatory death penalty offences. Pakatan Harapan then lacked the political will and courage to abolish the death penalty.

The bill to abolish the mandatory death penalty was finally tabled in October 2022 by the then Perikatan Nasional government during the administration of Ismail Sabri Yaakob. After that, Parliament was dissolved and there was a general election and a change of government.

Then, the new Harapan-led coalition government tabled the law to abolish the mandatory death penalty and life imprisonment.

The Abolition Of Mandatory Death Penalty Act 2023 came into force on July 4, 2023, but a sister Act that would allow those on death row to apply to the court to review their death sentence was delayed.

The Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 finally came into force on Sept 12, 2023, now allowing about 1,020 prisoners (of which about 850 on death row who had been handed mandatory death penalty) or the rest serving life imprisonment sentences to now file applications in court to review these sentences.

The result of the abolition of the mandatory death penalty now means that judges now have a choice in sentence other than just the death penalty, but the reality is that the death penalty still remains in all the 33 offences.

Courts continue to hand down death sentences

Despite the abolition of the mandatory death penalty, it is disturbing that the courts are still handing down the death penalty.

For example, on Aug 1, 2023, two men charged with murdering a woman were sentenced to death by the High Court and on Aug 2, 2023, the Court of Appeal in Putrajaya upheld the death sentence imposed on a businessperson for trafficking in 9.528kg of cannabis.

Offences that carry death sentence remain the same

Madpet (Malaysians Against Death Penalty and Torture) notes that things will still remain the same as the death sentence is still available for 33 offences, many of which do not even result in any death or grievous bodily harm of any victim whatsoever.

For so long, as the death penalty is not abolished, people will still continue to be sentenced to death by the courts.

Even after the revision of the death sentence of about 850 on death row, it is likely that many will still end up with the death sentence. Not all will receive the alternative sentence of imprisonment plus whipping.

So, death row will still have people waiting to be hanged, and the courts cannot be blamed for sentencing people to death for so long as the death penalty remains in the law.

Only the government, now Anwar Ibrahim’s Harapan-led coalition government can totally abolish the death penalty.

Malaysia’s position which had been declared to the world, when Malaysia voted in favour of the UN General Assembly Resolution in 2018, 2020 and 2022 has been that Malaysia will abolish the death penalty.

Malaysia then committed itself to a moratorium on execution pending abolition. Will Anwar’s government have the courage and political will to abolish the death penalty?

In Indonesia, at the end of 2022, the revised Criminal Code introduced an automatic 10-year probation for convicts on death row to demonstrate good behaviour for the possibility of having their sentences commuted.

The global trend has been towards abolition as countries no longer believe in “murdering” the convicted, instead imposing a punishment that will allow for repentance, rehabilitation, and a second chance.

Madpet reiterates the call for the total abolition of the death penalty in Malaysia and a moratorium on execution pending abolition.

Madpet also urges judges to consider not sentencing any person to death at the risk of miscarriage of justice, noting that the innocent can be wrongly executed just like what happened in the case of Chiang Kuo-ching, who was executed in Taiwan in 1997 after being convicted of sexually abusing and murdering a five-year-old girl.

After his death, in 2011, Taiwan’s Ministry of Justice admitted that Chiang had been executed in error.

Madpet calls for the abolition of torture, especially by the police and law enforcement, and urges the speedy installation of CCTV with recording capacity in all holding areas, and body-cams be mandatory for police and other law enforcement.

From the point of arrest until he/she is charged, there must be evidence that no torture or wrongdoings were committed by the police or law enforcers in violation of the law, in violation of a suspect’s rights and justice.

Noting that the death penalty cannot be abolished unless by law, Madpet calls on Prime Minister Anwar, the executive, and Parliament to speedily amend laws that will effectively abolish the death penalty.

If not, the courts that are bound to follow the written law may continue sentencing persons to death when convicted for any of the about 33 offences that still carry the death penalty. - Malaysiakini, 10/10/2023

1,020 can now apply to review mandatory death, life imprisonment sentences

This follows the coming into force of the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.

Shahrul Shahabudin - 12 Sep 2023, 1:09pm

Deputy law and institutional reform minister Ramkarpal Singh says the application can only be made once.

KUALA LUMPUR: The 1,020 prisoners who had been handed mandatory death or life imprisonment sentences can now file applications in court to review these sentences, says deputy law and institutional reform minister Ramkarpal Singh.

This follows the coming into force of the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847) today, as well as the Abolition of Mandatory Death Penalty Act 2023 (Act 846) on July 4.

“The application to review the sentence must be made within 90 days from the effective date of the Act (847),” Ramkarpal said during a briefing, adding that the court will deliver its verdict in six months to a year.

“Subject to reasonable grounds, the court can consider an extension of the period to submit a review application.

“The request for a review of the sentence can only be submitted once.”

All applications will be filed by the prisons department on behalf of the prisoners.

Ramkarpal added that the prisoners may hire their own lawyers, use those appointed by the court, or those from the National Legal Aid Foundation (YBGK).

The court may either approve or reject the applications of those handed the mandatory death sentence, or propose a replacement punishment for those handed a life imprisonment sentence.

If the court decides to maintain the sentence, the prisoner may appeal to the state pardons board for a pardon.

“In reviewing the application, the court will call and examine the records of the proceedings, the reasons for the judgment, and other related documents, if any,” Ramkarpal said.

Of the 1,020 prisoners, 573 are Malaysians, and the rest foreigners.

Yesterday, law and institutional reform minister Azalina Othman Said had confirmed that 1,020 prisoners who had been sentenced to mandatory death or life imprisonment may file applications in court to review their sentences with Act 847 coming into force. - FMT, 12/9/2023

High Court sentences duo to death for 2018 Pulau Kerto murder

Syahadan (left) and Ting are escorted from the court after sentencing. — Borneo Post Online pic

Tuesday, 01 Aug 2023 7:16 AM MYT

SIBU, Aug 1 — Two men charged with murdering a woman in Pulau Kerto here in 2018 were sentenced to death by the High Court yesterday.

Jeeji Ting Kim Leong, 32, from Nanga Assan and Syahadan Othman Sabang, 29, from Kapit were convicted of causing the death of Ting Poh Sing, 58, at an unnumbered house in Pulau Kerto between 1am and 7.10pm on June 27 that year.

They were each charged under Section 302 of the Penal Code read together with Section 34 of the same Code, which provides for the death penalty or imprisonment for a term of not less than 30 years but not exceeding 40 years, and if not sentenced to death, shall be punished with whipping of not less than 12 strokes, upon conviction.

In delivering his verdict, judge Datuk Christopher Chin said the prosecution had succeeded in proving its case beyond a reasonable doubt.

He said a forensic pathologist had testified that the woman’s death was caused by traumatic asphyxia and smothering, in addition to blunt force trauma to the chest and back causing multiple fractures to the right and left ribs.

“There is nothing in my mind to doubt the evidence of the forensic pathologist. The two accused are regular drug consumers, and they had a clear motive to rob the deceased for money to feed their drug habit.

“In fact, there is undisputed evidence that the upper portion of the deceased’s house was used by two accused with others as a drug den.

“The acts of the two accused were therefore done in furtherance of a common intention to rob the deceased as a result of which the murder occurred,” he said.

The judge also said the evidence given by the two accused in their defence was insufficient to cast reasonable doubt on the prosecution’s case which had been established earlier.

“I find that Syahadan was the main perpetrator of the injury and smothering of the deceased. But I equally find that Jeeji had a common intention to commit murder as happened in this case.

“He made no direct attempts to save the deceased and in fact was found to have willingly taken a share of the spoils of the murder. There is no evidence to show that he did his best to distance himself from the events in the Pulau Kerto house resulting in the sad demise of the deceased.”

During mitigation, lawyer Yap Hoi Liong representing Jeeji said the accused regretted his action and hoped for a minimum sentence to be imposed.

Lawyer Ben Lau representing Syahadan said his client had shown his remorse in court and had submitted that his intention was merely to rob rather than kill the victim.

“It just happened that things went wrong in between. There was no reason for the second accused (Syahadan) to kill the deceased, knowing at that material time he was married and with a child of four years.

“The second accused hopes for the court to pass a custodial sentence on him so that he will still have the chance to see his child upon his release from prison,” said Lau.

Deputy Public Prosecutor Mark Kenneth Netto called on the court to impose the death sentence to reflect the seriousness of the crime.

He said the case was premeditated whereby the offenders invaded the sanctity of the deceased’s home.

“The offenders chose to diabolically attack the deceased when she was most vulnerable. After the commission of the offence, the offenders escaped leaving the helpless deceased behind, and then in cold-hearted fashion sold the deceased’s personal belongings at a goldsmith.

“Nothing can bring the deceased back to her family members and loved ones. No imprisonment term can begin compensating the loss that the family members and friends of the deceased have suffered.

“There is no imprisonment sentence that can be passed which can relieve the loss that these offenders have caused. Hence the sentence passed must reflect the seriousness of the crime and the need to deter others from committing it,” the DPP said. — Borneo Post Online, Malay Mail, 1/8/2023

Appeals court upholds businessman's death sentence for drug trafficking

Mohammad Firdaus Mohsin has one more avenue of appeal – the Federal Court.

Bernama

August 2, 2023 3:49 PM

Malaysian flags wave in the breeze outside the Istana Kehakiman complex in Putrajaya which houses the Court of Appeal and Federal Court. Photo: Bernama

The Court of Appeal in Putrajaya today upheld the death sentence imposed on a businessman for trafficking in 9.528kg of cannabis.

This followed a decision by a three-man panel of the Court of Appeal, comprising justices Hadhariah Syed Ismail, See Mee Chun, and Azmi Ariffin, dismissing the appeal by Mohammad Firdaus Mohsin, 38, to set aside his conviction and death sentence.

Justice Hadhariah, in delivering the court's decision, said there were no merits in the appeal by Firdaus.

She said Firdaus's conviction was safe to be upheld.

On Dec 3, 2021, the High Court in Shah Alam found Firdaus guilty of trafficking in the drug by the roadside of Jalan Bukit in front of the Kajang KTMB train station in the Hulu Langat district, Selangor, at 10pm on March 28, 2017.

Firdaus has one more avenue of appeal, which is to the Federal Court.

According to the facts of the case, a police team, acting on information, went to the area and saw Firdaus, who was behaving suspiciously and carrying two bags.

A police officer approached him and asked him to open the bags. They found several slabs of compressed dried leaves in one of the bags, which were later confirmed by the chemistry department to be cannabis.

In his defence, Firdaus claimed that the bag was not his but belonged to an Uber driver, and he was taking care of the bag while waiting for the Uber driver to park the car.

He claimed that he came to Kuala Lumpur from Penang to attend an event and was waiting for his uncle to fetch him to his (uncle's) house in Sungai Ramal, Kajang.

During the trial, the Uber driver, Mohd Sabri Salleh, testified that he received a booking from Firdaus through the Uber apps to send the latter from KL Sentral to the Kajang KTM station.

He said he saw Mohammad Firdaus carrying the bags, and he (Firdaus) had put the bags next to him (Firdaus) in the back seat of the car.

Lawyer Afifuddin Ahmad Hafifi represented Firdaus, while deputy public prosecutor Mohd Fairuz Johari appeared for the prosecution.- Malaysia Now, 2/8/2023

New penal code offers hope of abolishing death penalty in Indonesia

Indonesia

Wednesday, 17 May 2023 12:34 PM MYT

Human rights activists stage a rally in Kota Tua, West Jakarta, to commemorate the World Day against the Death Penalty in this undated file photo. - The Jakarta Post

JAKARTA (The Jakarta Post/Asia News Network): A recent report from Amnesty International suggests that Indonesia's revised Criminal Code is a step in the right direction toward abolishing capital punishment, even as the country’s justice system continues to hand down high numbers of death sentences.

Passed at the end of last year, the revised Criminal Code introduced an automatic 10-year probation for convicts on death row to demonstrate good behavior for the possibility of having their sentences commuted.

After the probation elapses, the sitting president may decrease the sentence to life in prison or 20 years in prison.

The policy will take effect in 2026. Amnesty International Indonesia researcher Ari Pramuditya said that although Indonesia still had a long way to go before the death penalty was completely abolished, the new penal code was "a positive step" that deserved recognition.

"However, we still need to closely monitor its implementation. Amnesty will continue to push for the total abolition of the death penalty.

Although the probation for people sentenced to death is a step in the right direction, it's not enough, and we still have a long way to go," Ari said at a press conference on Tuesday. Amnesty International Indonesia executive director Usman Hamid said the country had to use the opportunity to significantly reduce instances of capital punishment after years of what he said were shockingly high figures.

Indonesia has continued to record-high numbers of death sentences in recent years, with 112 instances 2022, just two fewer than in 2021, according to Amnesty. In 2020, it recorded 117 death sentences.
As of Monday, there were 452 convicts awaiting execution. Zero-tolerance policy Ari said one of the main reasons for Indonesia's high level of death sentences was President Joko "Jokowi" Widodo's "zero-tolerance" policy against drugs, with drug crimes accounting for 94 per cent of all death sentences last year.

"Some judges even mentioned Jokowi's zero-tolerance approach to drugs as a contributing factor for handing out the death penalty to drug offenders," he said.

According to Ari, support for the zero-tolerance approach was partly based on the misguided idea that the death penalty deterred drug-related crimes.

Despite the high number of drug convicts sentenced to death, he noted, Indonesia continued to see a growing number of drug users. - Star, 17/5/2023