UN tells Malaysia to abolish death penalty, respect religious practices and human rights (Malaysian Insider)

Malaysia

UN tells Malaysia to abolish death penalty, respect religious practices and human rights

BY LEE SHI-IAN
October 25, 2013

United Nations member countries urged Malaysia last night to abolish capital punishment, repeal oppressive laws, and respect the rights of Orang Asli and individual religious practices.

These recommendations were made at a human rights peer review when 193 member countries of the United Nations Human Rights Council (UNHRC), including Malaysia, met in Geneva, Switzerland, last night.

The purpose of the gathering was to conduct a Universal Periodic Review (UPR) on Malaysia, the second since 2009.

Many nations called on Malaysia to ratify the Convention on Elimination of All Forms of Racial Discrimination as racism was clearly still a major issue in the country.

The United States urged Prime Minister Datuk Seri Najib Razak to keep his word and abolish repressive laws such as the Sedition Act 1948 and the Printing Presses and Publications Act 1984.

Other countries also echoed this call, arguing that it infringed on freedom of expression and media freedom.

 The United States representative also expressed her country's concern at the recent amendments made to the Prevention of Crime Act, arguing that it should not be used against people who were exercising their freedom of expression.

During the UPR, each of country was given a minute and five seconds to voice their feedback on Malaysia's performance since the first review in 2009 and to give their respective proposals.

All Asean countries spoke at the UPR of Malaysia, and made recommendations to the country.  Laos, Singapore and Thailand made comments with Brunei, Cambodia, Indonesia, Myanmar, the Philippines and Vietnam making recommendations as well.

Those from Europe, North and South America also were vocal in their proposals, especially concerning the manner in which human trafficking victims were treated here. They called on Malaysia to recognise international human rights standards.

One argument was that many human trafficking victims in Malaysia were held at government detention facilities without being afforded the freedom to go out and work.

Putrajaya was urged to give these victims the freedom to leave the detention centre and seek employment.
A crowd of about 50 people, including non-government organisations (NGO) representatives from Tenaganita, Sisters in Islam and Suaram, gathered at the Cafe 5 Cups in Plaza Damas 3, Sri Hartamas, last night to watch a live podcast of the UPR proceedings.

The crowd were animated in their response, cheering the European and American nations and booing Singapore, whose representative in Geneva claimed that Malaysia had done well in terms of free and fair elections and its human rights record.

The Slovakian representative said the excessive interference by the police needed to be resolved while another country said that Malaysian police should undergo human rights training.

Argentina urged Malaysia to stop discriminating against lesbians, gays, bisexuals, and transgender people (LGBT).

Austria also drew cheers from the crowd with proposals for Malaysia to allow the freedom to practice and change religions.

The Austrian representative proposed that the Malaysian government grant media freedom to online news portals and bloggers.

Canada called on Malaysia to respect LBGT rights and not discriminate against them. There was almost unanimous disapproval against capital punishment in Malaysia, which is applicable to drug offences, murder, illegal possession of firearms and treason.

The Malaysian delegation at the UPR, led by Foreign Ministry deputy secretary-general for multilateral affairs, Datuk Ho May Yong, presented the country's points at the United Nation's headquarters in Geneva and addressed the advance questions presented by other countries.

The UPR process provides the opportunity for all 193 UN member states to declare what actions they have taken to improve the human rights situation in their respective countries and how they have fulfilled their human rights obligations.

The UNHRC used Malaysia's national report, the UN agencies' report and the stakeholders report compiled by 28 NGOs as a basis of their review.

Putrajaya had been expected to come under the spotlight as many NGOs were still dissatisfied with the government's performance in tackling the issues raised by UN member states. – October 25, 2013. - Malaysian Insider, UN tells Malaysia to abolish death penalty, respect religious practices and human rights

Malaysia wants to introduce another mandatory death penalty offence

Penal Code (Amendment) Bill 2013 is trying to introduce another offence (the proposed new section 130 qa) whose sentence is the MANDATORY Death Penalty. The Bill is currently being debated in the lower House of Parliament, the Dewan Rakyat.

130qa.  Whoever accepts gratification to facilitate or enable the commission of any terrorist act shall be punished—

(a) if the act results in death, with death; and

(b) in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine.”.

We condemn the creation of yet another MANDATORY Death Penalty offence - when Malaysia really should be following the global trend towards abolition of the Death Penalty.

A mandatory death penalty also removes judicial discretion when it comes to sentencing, and this is wrong. Death penalty (although we oppose  this), could be an option available to judges which could be used in the worst case scenario, but Judges should also have the option to sentence persons to imprisonments, which could extend extend natural life imprisonment.

In this modern day and age, death penalty is no more necessary. It has been shown even in Malaysia that the death penalty does not serve as a deterrent. There are available alternatives like long prison terms, life imprisonment or even imprisonment for the natural life of the convicted (i.e. that person will be in jail until he/she dies).

We do not want to risk sending an innocent person to death - and there has been so many cases where the innocent have been killed by the State. A most recent case has been the Taiwan case. [See  http://madpet06.blogspot.com/2012/11/my-son-executed-then-they-said-they.html]

"My son was killed for a crime he did not commit…. our family has lived in shame and neighbours never spoke to us. Whatever apology or compensation the government promises, it is too late.”- Wang Tsai-lien, mother of Chiang Kuo-ching who was coerced into making a confession and subsequently executed in error in 1997 in Taiwan.

Malaysia really must abolish the death penalty - and most importantly and immediately remove the MANDATORY death sentence from all laws. Return to judges the discretion when it comes to sentencing - so that people can be sentenced taking into consideration the facts and circumstances of their case...

4 Indonesian nationals sentenced to death for drug trafficking

Malaysia continues to sentence persons to death. There has been much talk about the abolition of the death penalty, especially with regard to drug offences. There has been a public, and even government, realization that most persons sentenced to death for drug trafficking really do not deserve to die for after all most of them are mere 'mules' or small fries. The death penalty has certainly not DETERED people, and this was revealed by the statistics given in Parliament.

We reiterate our call for the abolition of the death penalty, and that the sentence of the 4 Indonesian nationals be commuted to imprisonment. 

 EMPAT WARGA INDONESIA DIHUKUM GANTUNG EDAR 28KG DADAH

George Town, 7 Okt Empat lelaki warga Indonesia dijatuhi hukuman gantung sampai mati oleh Mahkamah Tinggi di sini hari ini selepas didapati bersalah mengedar 10.74kg methylenedioxymethamphetamine (MDMA) dan 17.36kg ketamine, empat tahun lepas.

Hakim Datuk Zamani Abdul Rahim membuat keputusan itu selepas mendapati pembelaan Dwi Suprianto Mei, 45, Fredy Hermawan, 42, Andy Paksi, 40, dan Indra Mulyadi, 42, tidak boleh dipercayai, bersifat penafian dan rekaan semata-mata.

"Mahkamah berpuas hati dan mendapati pihak pembelaan gagal menimbulkan sebarang keraguan munasabah di akhir kes pembelaan dan gagal mematahkan kes pendakwaan.

Justeru, keempat-empat tertuduh didapati bersalah dan digantung sampai mati," katanya.

Mengikut pertuduhan, mereka didakwa mengedar dadah itu di sebuah rumah beralamat 243, Jalan Batu Ferringhi dekat sini pada 9.30 malam, 27 Okt 2009. Dadah itu ditemui sepasukan polis yang menyerbu rumah berkenaan yang dipercayai makmal memproses dadah terbesar di Pulau Pinang.

Keempat-empat lelaki itu didakwa mengikut Seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 yang membawa hukuman mati mandatori.

Pendakwaan dikendalikan Timbalan Pendakwa Raya Suhaimi Ibrahim, Dwi Suprianto dan Andy Paksi diwakili peguam Ranjit Singh Dhillon manakala Fredy Hermawan dan Indra Mulyadi diwakili peguam Hussaini Abdul Rashid. - BERNAMA  [Source: Malaysian Police Facebook Page]

DROP THE CHARGES AGAINST MALAYSIAN HUMAN RIGHTS DEFENDER LENA HENDRY NO TO PRE-CENSORSHIP OR PRIOR APPROVAL FOR USAGE OF FILM/VIDEOS - 111 Groups

Joint Statement – 2/10/2013

 DROP THE CHARGES AGAINST MALAYSIAN HUMAN RIGHTS DEFENDER LENA HENDRY
NO TO PRE-CENSORSHIP OR PRIOR APPROVAL FOR USAGE OF FILM/VIDEOS

We, the  111  undersigned  civil society groups, trade unions and organizations are shocked that the Malaysian government, after the recent General Election has resorted to charging human rights defender Lena Hendry on 19 September 2013 for being involved in the screening of a documentary "No Fire Zone: The Killing Fields of Sri Lanka" at a human rights event in Kuala Lumpur on  9 July 2013.

Lena Hendry was charged for an offence under the Film Censorship Act 2002, in connection with the screening of a video  which  was not  vetted and approved by the Film Censorship Board of Malaysia. If convicted, she faces the sentence of a ‘…fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both…’ She is charged under Section 6 of the Act that makes it an offence to, amongst others, to produce, manufacture, have in one’s possession, circulate, distribute and display such film or film-publicity material which has not been approved by the Board. This may include video material ranging from family videos, videos of political and human rights material including recordings of forums and speeches, videos about citizen rights including the right to free and fair elections or worker rights, and even videos about rights violations in other countries including Palestine.

A ‘…videotape, diskette, laser disc, compact disc, hard disc and other record of a sequence of visual images, being a record capable of being used as a means of showing that sequence as a moving picture, whether or not accompanied by sound…”, is also included in the definition of ‘film’ as provided for in Section 3 of the Film Censorship Act. It is absurd that in Malaysia, the law requires one to get approval of the Malaysia’s Film Censorship Board for all such material.

The Act is also discriminatory as it does not apply, amongst others, to “...any film sponsored by the Federal Government or the Government of any State...”. The government does not need to obtain approval from the Censorship Board, but everyone else is expected to do so.

At present, the practice of getting approval from the Film Censorship Board usually applies to films screened in cinemas and cineplexes to a paying audience. Even when it comes to television, it is believed that there may be no pre-requirement for getting approval from the Censorship Board for all that is shown except for feature movies.

The charging of Lena Hendry in September 2013 by the Malaysia government is seen as an effort to limit access to information and alternative views particularly those highlighting human rights violations and alternative perspectives. This violates individual and civil society and public rights to information, freedom of expression and opinion.

If the screening and usage of such material incites a criminal act, or violates another person’s rights, there are existing laws to address this. There is no requirement for any prior government approval or ‘censorship’.

In Reporters Without Borders’ 2013 World Press Freedom Index, Malaysia has fallen to its lowest-ever position because of the decreasing access to information. Malaysia embarrassingly dropped 23 places, and now ranks 145 out of 179.


Article 1 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms states clearly that “Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at  national and international levels.” 

Lena Hendry, has the right to ‘…freely  publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms…’, and that should include the right to use films, documentaries and other video materials.

To advocate a policy or a law that says that film or video material must be pre-approved by the government before it can be used is in itself a violation of principles of human rights and the UN Human Rights Defender Declaration.

Therefore, we

Call on the Malaysian Government to immediately and unconditionally drop the criminal charges against Lena Hendry;

Call for the repeal of provisions in the Film Censorship Act 2002 that obligates persons to seek approval of the government vis-à-vis the Film Censorship Board before a film, videotape, diskette, laser disc, compact disc, hard disc and other record of a sequence of visual images can be used;

Call on the Malaysian government to recognize, promote and respect human rights, including those contained in the UN Human Rights Defenders Declaration


Charles Hector
Pranom Somwong

For and on behalf the 111 organisations listed below

ALIRAN
All Women’s Action Society (AWAM), Malaysia
Angkatan Rakyat Muda (ARM), Malaysia
Aksi  For Gender, Social And Ecological Justice, Indonesia
ASEAN Youth Assembly
Asia Pacific Forum on Women, law and Development (APWLD)
Academy of Tamil Studies, Malaysia
Boat People SOS
Burma Partnership

Cambodian Human Rights Association ( ADHOC )
Campaign for a Life of Dignity for All (KAMP), Philippines
Civil Right Committee of Kuala Lumpur and Selangor Chinese Assembly Hall, Malaysia
Center for Orang  Asli Concerns (COAC), Malaysia
Centre of Education. Research and Development (CEDAR) Malaysia
Centre for Independent Journalism, Malaysia
Child Development Initiative Malaysia
Committee for a Workers' International (CWI), Malaysia
Community Action Network, Malaysia
Community Resource Centre

Council of Temples Malaysia
Dapur Jalanan Kuala Lumpur
Dignity International
Empower Foundation, Thailand
ENGAGE
Federation of Indian Non-Governmental Organisations
Foundation for Women, Thailand
Friends of Burma, Chiang Mai
Gabungan Pertubuhan-pertubuhan Masyarakat India Selangor
Gender and Development Advocates (GANDA) Filipinas

Group of Concerned Citizens Malaysia
Human Rights Ambassador for Salem-News.com, UK
Human Rights Working Group (HRWG) Indonesia
Indian Malaysian Active Generation (IMAGE) Malaysia
Islamic Renaissance Front (IRF) , Malaysia
JERIT, Malaysia
Kelab Bangsar Utama, Malaysia
Kesatuan Kebangsaan Pekerja Pekerja Perusahaan Alat Alat Pengangkutan Dan Sekutu(NUTEAIW)
Kesatuan Sekerja Industri Elektronik Wilayah Selatan Semenanjung Malaysia (KSIEWSSM)
Kuala Lumpur Indian Entrepreneurs and Professionals

Law and Society Trust, Colombo Sri Lanka
LLG Cultural Development Centre, Malaysia
MADPET (Malaysians Against Death Penalty and Torture)
Malaysian Association of Indian University Graduates
Malaysian Dravidian Association
Malaysians for Beng Hock
Malaysian Hindu Youth Council
Malaysian Indian Business Association
Malaysian Indian Development & Unity Association
Malaysian Indian Entrepreneurs and Professionals

Malaysian Indian Historical Association
Malaysia Indian Progressive Educational Society
Malaysian Indian Youth Development Foundation
Malaysian Physicians for Social Responsibility
Malaysia Youth & Students Democratic Movement
Malaysia Tamil Artiste Association
MAP Foundation, Thailand
MARUAH, Singapore
Migrant CARE
MTUC(Malaysian Trade Union Congress) Pahang

National Union of Bank Employees, Malaysia (NUBE)
Nationwide Human Development And Research Centre Malaysia
Network of Action for Migrants in Malaysia ( NAMM)
Network for Democracy and Development
Parti Rakyat Malaysia(PRM)
Parti Sosialis Malaysia (PSM)
Pax Romana ICMICA
Peace Institute of Cambodia
Peace Women Across the Globe Indonesia
Peoples' Empowerment Foundation (PEF), Thailand

Peoples Service Organisation (PSO) , Malaysia
PERGERAKAN Indonesia
Perkumpulan Tafena Tabua, Kupang - Indonesia
Persahabatan Semparuthi Johore, Malaysia 
Persatuan Alumni PBTUSM KL & Selangor
Persatuan Kesedaran Komuniti Selangor (EMPOWER)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
Persatuan Sahabat Wanita, Selangor (PSWS), Malaysia
Projek Dialog, Malaysia
SABM Melbourne, Australia

Sahabat Rakyat Working Committee, Malaysia
SALT(School of Acting Justly Loving Tenderly and Treading Humbly), Malaysia
Sarawak Dayak Iban Association
Saya Anak Bangsa Malaysia (SABM)
Selangor Indian Entrepreneurs and Professionals
Semparuthi Iyakkam Malaysia
Sisters In Islam, Malaysia
SUARAM (Suara Rakyat Malaysia)
Tenaganita, Malaysia
The Asian Muslim Action Network (Aman) Indonesia

The Association of Women Lawyers, Malaysia
The Filipino Women's Organization in Quebec, Canada
VIVAT International-Indonesia
WH4C (Workers Hub For Change)
Women's Centre for Change (WCC) Penang
Women's Network for the Advancement and Peace, Thailand
Women's Rehabilitation Center (WOREC) Nepal
World Tamil Federation – Malaysian Chapter
Writer Alliance for Media Independence (WAMI), Malaysia
Yaung Chi Oo Workers Association, Thailand

Yayasan LINTAS NUSA Batam - Indonesia
Youth for Peace Cambodia

Advocacy and Policy Institute (API), Cambodia
Labour Behind the Lablel, United Kingdom
ARTICLE 19
Forum for Democracy in Burma
Bersihkan Malaysia Perth, Australia
Women's Aid Organisation, Malaysia
WAC, Phillipines
Housing Rights Task Force, Cambodia.
NLD LA Malaysia
Tourism Employees Association of Maldives" (TEAM)

Malaysian police shot dead 124 persons from 2009 until August 2013 - No one is a criminal, and all are innocent until tried and convicted by court

It is so wrong to brand them as 'criminals', and this is something the police, media and government must realise. Every person is innocent until proven guilty - and it is not uncommon for the Malaysia to justify the killings by claiming that all those who were shot dead are criminals. In fact all that the police can say is that they are 'suspects' - nothing more.

It is a great injustice to allege or call a shot dead by police victim a CRIMINAL - knowing that the dead cannot defend themselves. So, please stop this.

There is also to date no independent inquiry on all these shooting incidents ...and there have been some allegations that these police actions were unjustified, if not against the law.

Police shot dead 124 criminals since 2009

Bernam 10:31PM Sep 24, 2013

The police shot dead a total of 124 criminals from 2009 to August this year, with Malays recording the highest at 56.

Home Minister Ahmad Zahid Hamidi said that of the remainder, 41 were Indians, Chinese (23) and the rest non-Malay bumiputras.

During the period, 898 unlicenced firearms were seized, including 319 semi-automatic guns, revolvers (120), rifles (22), shotguns (84), hand-grenades (31), air guns (105), pump-action shotguns (20), sub-machine guns (four) and home made guns (193).

Ahmad Zahid said this in a written reply to a question by Lim Lip Eng (DAP Segambut) who wanted to know the latest statistics on cases of criminal shootings and seizure of firearms.

Meanwhile, he also told the Dewan Rakyat that in the 6P integrated operation from Sept 1 to 16, a total of 4,356 illegal immigrants were detained, with Indonesians making up the highest number, followed by Myanmar and Bangladesh.

- Bernama - Malaysiakini, 24/9/2013, Police shot dead 124 criminals since 2009

Death penalty around the world - Data Summary

Data summary

Death penalty around the world

Click heading to sort. Download this data

Country	Executions, 2011	Death sentences 2011	Executions, 2012	Death sentences 2012	TOTAL EXECUTED, 2007-2012	TOTAL SENTENCED TO DEATH, 2007-2012
AFGHANISTAN	2		14		34	364
ALGERIA		51		153	0	752
BAHAMAS					0	8
BAHRAIN		5		1	2	8
BANGLADESH	5	49	1	45	28	423
BARBADOS				2	0	1
BELARUS	2	2	3		9	12
BENIN					0	6
BOTSWANA		1	2	5	4	7
BRUNEI DARUSSALAM		3			0	3
BURKINA FASO					0	8
BURUNDI					0	1
CAMEROON					0	0
CENTRAL AFRICAN REPUBLIC					0	14
CHAD				2	0	13
CHINA	THOUSANDS	THOUSANDS	THOUSANDS	THOUSANDS	THOUSANDS	THOUSANDS
CONGO (Democratic Republic)				11	0	74
EGYPT	1	123		91	12	704
EQUATORIAL GUINEA				1	7	4
ETHIOPIA					1	55
GAMBIA		13	9	5	0	31
GHANA		4		27	0	31
GUATEMALA					0	1
GUINEA		16		2	0	19
GUYANA		3		5	0	7
INDIA		110	1	78	0	435
INDONESIA		6		12	11	35
IRAN	360	156	314	79	1,663	156
IRAQ	68	291	129	81	256	1,420
JAMAICA					0	7
JAPAN		10	7	3	33	108
JORDAN		15		16	0	67
KENYA		11		21	0	16
KOREA (NORTH)	30		6		105	0
KOREA (SOUTH)				2	0	13
KUWAIT		17		9	1	31
LAOS					0	6
LEBANON		8		9	0	24
LIBERIA		1		4	0	15
LIBYA				5	39	0
MADAGASCAR					0	14
MALAWI		2			0	4
MALAYSIA		108		60	2	324
MALDIVES				2	0	1
MALI		2		10	0	41
MAURITANIA		8		6	0	33
MONGOLIA					1	45
MOROCCO		5		7	0	27
MYANMAR		33		17	0	37
NIGER					0	1
NIGERIA		72		56	0	341
OMAN					4	7
PAKISTAN		313	1	242	171	1,497
PALESTINIAN AUTHORITY	3	5	6	6	8	33
PAPUA NEW GUINEA		5			0	8
QATAR		3		1	0	6
SAINT KITTS & NEVIS					1	1
SAINT VINCENT AND & THE GRENADINES					0	1
SAINT LUCIA		1			0	1
SAUDI ARABIA	82	9	79	10	423	54
SIERRA LEONE		2			0	7
SINGAPORE		5		2	4	26
SOMALIA	10	37	6	76	23	57
SRI LANKA				7	0	120
SUDAN	7	13	19	199	30	166
SUDAN (SOUTH)	5	1	5		5	1
SWAZILAND				1
SYRIA					33	34
TAIWAN	5	16	6	7	9	45
TANZANIA				3	0	5
THAILAND		40		106	2	56
TRINIDAD AND TOBAGO		2		5	0	12
TUNISIA				9	0	27
UGANDA		5			0	134
UNITED ARAB EMIRATES	1	31	1	21	2	64
UNITED STATES	43	78	43	77	220	504
VIETNAM	5	23		86	58	258
YEMEN	41	29	28	7	152	109
ZAMBIA		48		7	0	91
ZIMBABWE		1		11	0	17
TOTALS (exc China)	670	1,792	680	1,722	6,221	24,172

Source: The Guardian

Executioners - and abolitionists

Number of countries

Executing countries

Abolitionist

stack percentages

20

40

60

80

100

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

Abolitionist - light blue, and retentionist dark blue