Singapore, one of 4 countries executing for drug offences, hangs Malaysian Prabu Pathmanathan

A vigil before an execution in Singapore. Photo: AFP

Malaysian calls fall on deaf ears as Singapore executes drug trafficker Prabu Pathmanathan

The hanging of Prabu Pathmanathan comes despite high-level intervention from Malaysia. Mahathir Mohamad’s government has made human rights key to its agenda and vowed to abolish the death penalty

By Tashny Sukumaran Bhavan Jaipragas

26 Oct 2018

 

Malaysian officials and activists on Friday criticised neighbouring Singapore’s decision to hang a Malaysian drug trafficker despite high-level intervention from Prime Minister Mahathir Mohamad’s government for a stay of execution.

 

Prabu Pathmanathan, 31, was the first Malaysian to be hanged in Singapore since Mahathir’s government announced in September that it would soon move to abolish the death penalty. Malaysia has installed a moratorium on the punishment until then.

The administration, fresh off its election victory in May, has made human rights a key part of its policy agenda.

Capital punishment for serious crimes including murder and drug trafficking has been carried out in Singapore and Malaysia since the days of British colonial rule.

In some severe cases, execution had been mandatory – meaning judges had no alternative sentence if the accused was found guilty.

Educated Singaporeans more likely to support death penalty

But after a review in 2012, the city state granted judges more discretion.

Since the September announcement that Malaysia would soon move towards total abolition, activists in the country have said they would go all out to save the lives of Malaysians facing execution abroad.

Activist and lawyer N. Surendran, who represented Prabu’s family in their eleventh-hour attempt to obtain clemency for the 31-year-old, confirmed to the South China Morning Post that the execution had taken place at dawn on Friday.

Surendran said Prabu’s family would cremate his remains later on Friday.

The Post has requested a comment from Singapore’s home affairs ministry.

Prabu in 2014 was convicted of smuggling 227.82g of diamorphine – or heroin – into Singapore.

“The execution was an unlawful, and brutal act, carried out in breach of due process and in defiance of the appeals made by neighbouring Malaysia,” said Surendran, who told the Post that several Malaysian cabinet members had spoken directly with Singaporean leaders in a failed bid to halt the execution.

A vigil for Prabu. Photo: Kirsten Han

Malaysian de facto law minister Liew Vui Keong earlier told local media he had written to the Singapore government, urging it to commute Prabu’s death sentence.

When asked by local media what would happen if the execution was carried out, he responded: “It will be a sad day, I hope they don’t do it.”

Surendran said on Thursday evening the Singapore President’s Office had delivered a letter to Prabu’s family in response to their petition, stating that “the clemency process has concluded” and it was “unable to accede to [their] request”.

The lawyer criticised this move – saying the decision to “reject the family’s clemency petition without even considering it” was unlawful.

Anti-death penalty activists said there had been seven executions in October – four this week including Prabu.

The Singapore Prison Service does not routinely release information about executions apart from figures released in its annual report.

The 2017 annual report showed eight people were executed in 2017, up from four in 2016.

“It seems that executions are increasing in Singapore. The sort of discussion among the Malaysian government that’s taking place now is not taking place here,” said Kirsten Han, a prominent Singaporean anti-death penalty activist and journalist.

A band calling for an end to the death penalty performs in Singapore. Photo: AFP

Said Han: “Singaporean society is told the death penalty keeps people safe, that it’s a deterrent. This is the message that travels down from leaders, but alternative deeper opinions are not aired.

“There have been studies that show when you explore the nuances, support for the death penalty drops: the more you know about the death penalty, the more likely you are to think twice.”

The Singapore government routinely pushes back against the country’s tiny but vocal anti-death penalty lobby.

Last year, law and home affairs minister K. Shanmugam slammed activists for “romanticising individuals involved in the drug trade”.

The minister said capital punishment would remain part of Singapore’s comprehensive anti-drug framework that includes rehabilitating abusers.

Malaysian government agrees to abolish death penalty

Speaking at the Asia-Pacific Forum Against Drugs, Shanmugam said: “I have said repeatedly, [we] do not take any joy or comfort in having the death penalty, and nobody hopes or wants to have it imposed.

“We do it reluctantly, on the basis that it is for the greater good of society … it saves more lives. That is the rationale on which we have it.”

Globally, 106 countries have abolished the death penalty and 142 in total are abolitionist in law or practice.

Related articles

It is meted out for drug-related crimes in 15 countries, but according to rights group Amnesty International only four countries recorded drug offence executions in 2017 – Singapore, Iran, Saudi Arabia, and China. - SCMP, 26/10/2018

 

See earlier related post:- 

Malaysia appeals to stop execution of Prabu, scheduled for this Friday?

Malaysia appeals to stop execution of Prabu, scheduled for this Friday?

The family of 31-year-old Malaysian Prabu N Pathmanathan were informed last week he would be executed on Friday..Prabu, 31, had been sentenced to death for committing several acts preparatory to and for the purposes of trafficking in 227.82g of diamorphine or heroin into the island state on Dec 31, 2014.

 

Law Minister to appeal to S’pore to commute Malaysian’s death sentence

PETALING JAYA: Datuk Liew Vui Keong will write a letter to the Singapore government to urge it to commute the death sentence of a Malaysian man who is scheduled to be executed on Friday (Oct 26).

The Minister in the Prime Minister’s Department said he hoped that Singapore would commute Prabu Pathmanathan’s sentence to life imprisonment.

Prabu, 31, had been sentenced to death for committing several acts preparatory to and for the purposes of trafficking in 227.82g of diamorphine or heroin into the island state on Dec 31, 2014.

“It will be a sad day. I hope they don’t do it,” he told reporters on Wednesday (Oct 24) when asked what would happen if Singapore went ahead with the execution.

Earlier on Wednesday, Lawyers for Liberty advisor N. Surendran urged Putrajaya to make “urgent and strenuous” efforts to save Prabu from the gallows.

  Surendran said Prabu’s family had been informed that the execution would be held at Changi Prison on Friday for alleged drug trafficking.

“The family was only informed of the Friday hanging on Oct 20 via a letter from the Singapore Prison Services, which is less than one week’s notice.

“In the same chilling letter, the family was asked to make the ‘necessary funeral arrangements’,” Surendran said.

According to Surendran, there were doubts surrounding Prabu’s conviction, adding that the drugs was found in a vehicle driven by another person, and not Prabu.

He also claimed that the confessions obtained from Prabu by the prosecution for the trial were made under duress.

The Singapore Anti Death Penalty Campaign also called for the Singapore government to halt the execution of Prabu.

“Not only is it irreversible once an execution takes place, it also creates another set of victims – the loved ones of the executed,” it said in a statement.

On Oct 15, Liew had announced that the Malaysian government would go ahead with plans to completely abolish the death penalty in this country. – Star, 24/10/2018

Human rights groups urge Singapore to halt imminent executions

City-state expected to execute two men, including a Malaysian, following convictions for drug offences.

View through a vehicle window shows cell blocks inside Singapore’s Changi Prison [Vivek Prakash/Reuters]

• 
  

Singapore is being urged to halt the planned execution on Friday of two men convicted of drug-related offences amid reports four people were hanged in the city-state in the past three weeks.

The family of 31-year-old Malaysian Prabu N Pathmanathan were informed last week he would be executed on Friday, human rights groups said. Another man is also scheduled to hang but has not been named.

“Singapore authorities must immediately halt plans to kill these men and put a stop to this recent wave of callous executions,” Rachel Chhoa-Howard, Amnesty International’s Singapore researcher, said in a statement.

Singapore reportedly hanged a man on Wednesday and three others on October 5 also for drug-related offences, the group said.

Lawyers for Liberty, a Kuala Lumpur-based legal firm that specialises in human rights cases, urged the Malaysian government to intervene to stop the hanging.

Executions are usually carried out at dawn at Changi Prison.

“The death penalty is cruel and inhuman and particularly so when used in drugs cases, which results in the execution of drug mules from poor socio-economic backgrounds,” the firm’s N Surendran said in a statement.

‘Barbarity’

Admitting time was “running out”, Surendran and Prabu’s mother and sister delivered an appeal for clemency to Singapore’s president, Halimah Yacob, on Thursday.

“Malaysia has recognised the barbarity of the death penalty and has recently announced its total abolition. Having taken that position, the Malaysian government must do everything possible to save citizens abroad who are facing execution,” it said.

Malaysia’s government that was elected in May has suspended executions and announced its intention to abolish the death penalty for all crimes.

De facto law minister Liew Vui Keong said he would write to the Singapore government to request Prabu’s death sentence be commuted to life imprisonment, local media reported on Thursday. Prabu was sentenced to death in relation to the trafficking of 228kg of heroin into the island state at the end of 2014.

“It is time for Singapore to re-establish its moratorium on the death penalty and follow the government of Malaysia’s example,” Amnesty’s Chhoa-Howard said.

Amnesty said it believes Singapore has carried out six executions this year, all in relation to drug-offences. It said there were eight executions last year. Singapore does not publicly disclose information about its use of the death penalty.

Capital punishment was imposed or implemented for drug-related offences in 15 countries last year, but executions for such crimes were recorded in only four – China, Iran, Saudi Arabia and Singapore.

One-hundred and six countries across the world have abolished the death penalty for all crimes. – Al Jazeera, 25/10/2018

Malaysia: activists welcome bills to abolish colonial-era laws with cautious optimism(SEA Globe, 17/10/2018)

Malaysia: activists welcome bills to abolish colonial-era laws with cautious optimism

By: Amy Dodds - Posted on: October 17, 2018 | Current Affairs

Bills to abolish the death penalty and the Sedition Act, two of Malaysia’s archaic colonial-era laws, are expected to be tabled at the current sitting of parliament, which commenced this week in Kuala Lumpur. Human rights activists have welcomed the move but remain wary of sudden political u-turns

  Zulkiflee SM Anwar Ulhaque, better known as Zunar to Malaysians, is a political cartoonist. He currently faces up to 43 years in prison for criticising the Malaysian government Illustration: Zunar

Pakatan Harapan’s (PH’s) historic election win earlier this year shook up the country’s politics and saw the miraculous fall of the Barisan Nasional (BN) coalition, which had ruled over the country with an iron fist for 61 years. And in the months since that dramatic turnaround, changes have started to materialise. 

On the World Day Against the Death Penalty, 10 October, newly minted Minister in the Prime Minister’s Department for Legal Affairs Liew Vui Keong stated, “all death penalty will be abolished. Full stop. As it stands today, the decision is to abolish the death penalty.”

This was soon followed by the news that the parliament would also review the Sedition Act, a law that in the past critics have claimed has been used to stifle free speech and government opposition. While activists have expressed delight at this news, questions about how this will be carried out remain. 

What will happen to the prisoners on death row
 Australian Maria Elvira Pinto Exposto (C), was sentenced to death by hanging on drug smuggling charges earlier this year Photo: Fazry Ismail / EPA-EFE 

More than 1,200 people are currently on death row in Malaysia. Lawyers For Liberty Executive Director Latheefa Koya said that an abolition would be a welcome reprieve for inmates and their family members. 

“Those on death row will have a chance to be spared from the noose. We have over 1000 who have been waiting for years and years, not knowing when their time will be up. It’s one of the cruelest and most traumatic punishments that anybody is put through,” she said. 

The abolition means that, in effect, all death sentences pronounced from offences including murder, possession of firearms and trafficking in drugs, to name a few, will be commuted to life imprisonment.

Aptly, plights surrounding the death penalty were captured in a documentary which premiered earlier this month at FreedomFilmFest, a human rights film festival in Malaysia. Melawan Arus (Waiting For Time) follows the complex case of Mainthan a/l Arumugam who has spent 14 years on death row for a murder he claims he did not commit. The case has been heard 19 times and despite new evidence in the case, Mainthan remains on death row.

Lawyer and filmmaker Sharizad Razak said the announcement of the abolition of the death penalty was welcome and timely considering the recent screening of the film in Malaysia, but said that there is still work to be done:"Although there is a moratorium on executions until the passing of the new changes in the law, we are still working on getting the support from the public and members of parliament for Mainthan’s pardon petition to the Pardon’s Board.”

She added, “we have spoken to a representative of Mainthan’s family. It is a relief for them to know that there is a moratorium on the executions of those who are on death row, but they are still hoping that Mainthan can be released and come home to his family after 14 years away.” 

Political flip-flopping 

Long time activists and former detainees and survivors of the old regime have expressed cautious optimism amidst the lingering euphoria following the recent change of government as a result of the 14th general election. Despite having voted in the opposition-turned-government of the day, they have learned to be humble and reserved.

Kua Kia Soong, a prominent human rights defender, ex-political detainee and founder of Suara Rakyat Malaysia (SUARAM), Malaysia’s leading human rights organisation, is not getting too carried away.

“I welcome [the abolition] because I have been campaigning against the death penalty since the early eighties. So has SUARAM, ever since it was formed in 1989. This new PH government has been flip-flopping over several policies and I [wouldn’t] be surprised if they do over this one if there are criticisms of the policy. PH has these policies in their GE14 manifesto and they have been criticised by many for reneging on the promises,” Kua said.

His views are echoed by Charles Hector, a coordinator for the social justice movement Malaysians Against Death Penalty and Torture (MADPET) which has campaigned against the death penalty for years.

“We are very happy about the announcement of the cabinet decision to abolish the death penalty. Our hope is that this NEW Pakatan Harapan will not backtrack on its position, or procrastinate in bringing about abolition. We hope the bills will be passed in this session of parliament and [the] death penalty in Malaysia will be abolished by the end of 2018.”

He added that MADPET’s work will continue even if the death penalty in Malaysia is abolished, as the organisation will seek fair trial, the administration of justice and the elimination of torture.

“We are also concerned about Malaysians facing the death penalty in other jurisdictions and [will] strive for the abolition of the death penalty in ASEAN member countries, in Asia-Pacific and the world,” he said.
 Prime Minister Mahathir Mohamad announced at the UN General Assembly that the new government pledges to ratify all remaining core UN instruments related to the protection of human rights. Photo: Ahmad Yusni / EPA-EFEThe Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) is among a list of core international instruments that are yet to be ratified by Malaysia. In September 2018, Prime Minister Mahathir Mohamad announced during a speech at the UN General Assembly that the new government pledges to ratify all remaining core UN instruments related to the protection of human rights. 

Human rights activist Fadiah Nadwa Fikri also welcomed this move and urged the government to follow through:“It is important to emphasise that the government also has an obligation to abolish other cruel, degrading and inhumane punishments such as whipping, if its truly committed to upholding human rights,” she said.   

The Sedition Act 

While the abolition of death penalty appears almost settled, a different set of challenges surround another archaic law – the Sedition Act 1948. Malaysia inherited the act from the time of British colonisation and up until recently was still using the legislation to investigate government critics.

Rehashing the Pakatan Harapan election manifesto, Minister of Communications and Multimedia Gobind Singh Deo announced last week that the cabinet had decided to suspend the use of the Sedition Act as they prepared a bill to repeal it altogether.

Post-general election, under the new government, rights activist Fadiah was herself investigated under the Sedition Act for an article she authored for the blog Malaysia Muda which allegedly questioned the monarchy in Malaysia, evoking similarities to Thailand’s controversial lèse majesté law.

She was also investigated under the Communications and Multimedia Act 1998 and the Peaceful Assembly Act 2012 in recent months, both laws criticised by rights groups as limiting freedom of expression and peaceful assembly and which the PH government had pledged to review in their election manifesto.

Fadiah attributes last week’s announcements to the hard work and dedication of the Malaysian public:“The people who acted on their consciousness played an important role in demanding the abolition of the death penalty and the moratorium of the Sedition Act after Pakatan Harapan came into power. These people were reclaiming the democratic space that was promised by the Pakatan Harapan government and their right to participate in setting the direction of politics of this country”, she said.

The Sedition Act has come under fierce criticism from local and international human rights groups for years. They believe the law conflicts with the Malaysian constitution, which provides for the right to freedom of expression. The previous BN government regularly invoked the law against its critics, and indeed, many former current government officials were themselves victims of the act, a fact pointed out by SUARAM founder Kua.

Whilst the motion and intention of elected lawmakers are set, Malaysians are awaiting the outcome with mixed reactions. The views on the death penalty and the need for the Sedition Act remain polarised in Malaysia and the parliament now finds itself in a position where it must provide certainty and consistency over the matter.

The current parliamentary sitting will continue in Kuala Lumpur until 11 December 2018. -Southeast Asia Globe, 17/10/2018

Abolishing death penalty will not burden penal system(Sun Daily, 14/10/2018)

Abolishing death penalty will not burden penal system

Posted on 15 October 2018 - 09:33am
Last updated on 15 October 2018 - 02:40pm

Elly Fazaniza
newsdesk@thesundaily.com

Print

KUALA LUMPUR: The move to abolish the death penalty and stop all pending executions will not further tax the penal system, said human activist Charles Hector (pix). 

He said the Cabinet's decision on repealing capital punishment would not add significantly to the number of prisoners in the country. 

"The argument that the abolition of the death penalty will increase prison population is absurd as the number of persons executed is small," said the lawyer.

"A total of 35 executions took place from 2007 to 2017, that is about 3.5 per year. Death row inmates are generally kept in solitary confinement. 

"As of end June 2018, we had about 1,267 people on death row, or 2.7% of the prison population of about 60,000 people."

"The maintenance of the death row and executions incur substantially more cost than ordinary imprisonment," he said. 

"There will be no significant increase of (prison) population at all," he said. 

Hector also said abolishing the death sentence would also not lead to the rise in serious crime. 

"Malaysia has had the death penalty for serious drugs, firearms offences and murder for so long, and that has not reduced the rate of these crimes," he said.

"What will reduce the crime rate is the increased efficiency and sophistication of law enforcement agencies to tackle these crimes."

Malaysian Bar president George Varughese said the government would need to work with Pardons Board to ensure that the more than 1,250 prisoners on death row are spared the death penalty.

On June 28, Prison Department deputy director Supri Hashim said there were 1,267 individuals on death row, or 2.7% of the prison population that currently stands at 60,000 persons.

He said they were at various stages of appeal – 336 in the Court of Appeal, 128 in the Federal Court, and 442 at the state's pardons board.- Sun Daily, 14/10/2018

'Opposition MPs, senators must support govt plans to abolish death penalty' (NST-Yahoo News 11/10/2018)

'Opposition MPs, senators must support govt plans to abolish death penalty'

Luqman Arif Abdul Karim

New Straits Times11 October 2018

KUALA LUMPUR: The Malaysians Against Death Penalty and Torture (Madpet) has called on the opposition and BN-controlled Dewan Negara to support Putrajaya's plan to abolish the death penalty.

Madpet spokesman Charles Hector Fernandez said the cabinet decision to abolish the death penalty was good news for some 1,267 people facing death row.

“Madpet hopes the MPs and senators from the opposition parties will fully support the just move to abolish the death penalty,” he said in a statement.

Fernandez’s concerns stem from the fact that the majority of senators in Dewan Negara are not from Pakatan Harapan.

In fact, the abolition of the Anti-Fake News Act which was approved in Dewan Rakyat failed at senate level on Sept 12.
 

Dewan Negara president Tan Sri S.A. Vigneswaran announced that 28 members of the senate had voted against abolishing the act, compared to 21 for.

Minister in the Prime Minister’s Department Datuk Liew Vui Keong had on Wednesday said the government would seek the abolition of the death penalty.

Following the Cabinet’s decision, he had said, a moratorium on carrying out the death sentence was put in place, pending necessary amendments to the relevant laws.

Fernandez said the announcement would be welcome news for the 1,267 inmates currently on death row as well as their families.

“These inmates make up 2.7 per cent of the 60,000 people in Malaysian prisons... their family members, their parents, can now breathe a sigh of relief.” © New Straits Times Press (M) Bhd - Yahoo News, 11/10/2018

Legge per abolire la pena capitale: il sostegno dei cristiani(Agenzia Fides 11/10/2018)

ASIA/MALAYSIA - Legge per abolire la pena capitale: il sostegno dei cristiani

giovedì, 11 ottobre 2018 diritti umani   pena di morte   vita umana  

MALESIA

2018-10-11

 Kuala Lumpur (Agenzia Fides) - I cristiani in Malaysia hanno accolto con favore la decisione del governo malaysiano di fare passi concreti per abolire la pena di morte: lo dice all'Agenzia Fides il cattolico, Hector Fernandez, attivista e sostenitore della campagna abolizionista, impegnato all'interno dell'organizzazione “Malaysians Against Death Penalty and Torture” (MADPET). L'associazione ha esultato in seguito all'annuncio, formalizzato dal governo malese, di presentare nella prossima sessione parlamentare, che inizia il 15 ottobre, una proposta di legge per abolire la pena capitale.

La sera del 10 ottobre 2018, nella “Giornata mondiale contro la pena di morte”, il Consiglio dei ministri ha comunicato di voler abolire la pena di morte, ha dichiarato Liew Vui Keong, responsabile del Dipartimento per gli Affari legali del Primo ministro, affermando che, nel frattempo, le esecuzioni capitali sono state tutte sospese.

Per quanto riguarda le persone attualmente nel braccio della morte, sarà affidato a una speciale Commissione il compito di esaminare le loro domande. "La nostra opinione è che le condanne alla pena capitale già comminate non debbano essere eseguite. 

Sosteniamo la possibilità di commutare le loro pene" ha detto Fernandez.
 

Secondo dati ufficiali, sono 1.267 le persone nel braccio della morte ovvero il 2,7% della popolazione carceraria che in Malaysia tocca i 60.000 detenuti .
 

Benché l'annuncio del governo sia stato generalmente bene accolto, bisognerà aspettare che il Parlamento approvi il disegno di legge e che poi questo entri in vigore, si spera entro la fine del 2018.
 

"Speriamo che si tenga fede alla promessa di presentare e approvare la legge nella prossima sessione. Come cittadini, invitiamo i membri delle opposizioni ad appoggiare questa mossa del governo per abolire la pena di morte, così da avere la più ampia maggioranza possibile", conclude Fernandez.
 

"La nostra rete MADPET aspetta il giorno in cui potremo celebrare l'abolizione della pena di morte, e sparirà il braccio della morte in Malaysia" aggiunge Charles Hector, un altro membro dell'organizzazione. (SD) (Agenzia Fides 11/10/2018)

'Don't block death penalty abolition' – NGO tells opposition MPs and senators(Malaysiakini)

'Don't block death penalty abolition' – NGO tells opposition MPs and senators

Published: Today 11:38 am  |  Modified: Today 1:44 pm

   

The Malaysian Against Death Penalty and Torture (Madpet) has called on the opposition and BN-controlled Dewan Negara to support Putrajaya's plan to abolish the death penalty.

Madpet spokesperson Charles Hector said the cabinet decision to abolish the death penalty yesterday was good news for some 1,267 people facing death row.

"Madpet hopes the MPs and senators from the opposition parties will fully support the just move to abolish the death penalty," he said in a statement today.

Hector added that Madpet hoped Putrajaya will follow through with its decision, pointing out that the previous BN government had also made similar indications which never materialised.

The BN-controlled Dewan Negara had previously blocked the abolition of the Anti-Fake News Act 2018 after the Dewan Rakyat approved its repeal.

Meanwhile, National Human Rights Society (Hakam) president Gurdial Singh Nijar said the decision was "historic" and a fulfilment of Pakatan Harapan government's manifesto.

"A death penalty is irreversible. There have been cases where the wrong people have been sentenced to death for a variety of reasons – including poor quality of defence. Thus, innocent lives are put at risk.

"Since the reinstatement of the death penalty in the US in 1976, 138 innocent men and women have been released from death row, including some who came within minutes of execution. No such research has been conducted in Malaysia," he said in a separate statement.

Gurdial acknowledged that the families of murder victims suffer a great sense of loss and are traumatised but stressed that the execution of another does not help them heal nor does it end their pain.

"Perhaps there are other ways the state can help such families, especially those of murder victims – such as the provision of funds now being used for the costly process of executions," he said.

Meanwhile, Lawyers for Liberty advisor N Surendran lauded Putrajaya's decision as "remarkable".

However, he added that the government should also fight for Malaysian citizens facing the death sentence abroad.

"At this moment, let us also not forget the many hundreds of Malaysians who are languishing on death row in foreign countries, particularly for being drug mules.

"A large number of Malaysians are awaiting execution just across the causeway in Singapore, mainly for drug offences," he said in a statement.

One such example, Surendran said, was the execution of S Prabagaran (photo) in Singapore last year.

"The BN government did nothing to save him... I, myself, as his lawyer was in communication with then deputy prime minister Ahmad Zahid Hamidi, who personally assured me that he would help save Prabagaran.

"But in the end, Zahid was no help at all. Neither he nor the BN government said or did anything serious to stop the execution.

"We call upon the government to vigorously speak up for our citizens facing death in distant shores. Having rejected the death penalty in this country, we now have the moral authority to fight for the lives of our citizens abroad," he said. - Malaysiakini, 11/10/2018

Next, save Malaysians sentenced to death abroad, Putrajaya told

Published 1 hour ago on 11 October 2018

By Zurairi AR

Surendran reminded the Pakatan Harapan government that many citizens are awaiting execution in other countries, including in Singapore, mainly for drug offences. ― Picture by Shafwan Zaidon

KUALA LUMPUR, Oct 11 — Civil group Lawyers for Liberty (LFL) urged today the federal government to rescue Malaysians on death row abroad after announcing its plan to abolish capital punishment.

LFL adviser N. Surendran praised the Pakatan Harapan (PH) government for its move to table an abolition of laws providing for the death penalty in the next Dewan Rakyat sitting, but said many citizens are awaiting execution in other countries, including just across the Causeway in Singapore, mainly for drug offences.

“At this moment, let us also not forget the many hundreds of Malaysians who are languishing on death row in foreign countries, particularly for being drug mules,” the lawyer said in a statement.

In July last year, S. Prabagaran was hanged in Singapore after he was convicted of drug trafficking, despite calls from the United Nations and others to suspend his execution.

“Having rejected the death penalty in this country, we now have the moral authority to fight for the lives of our citizens abroad,” Surendran said, adding that this must be a priority for the Foreign Ministry and Putrajaya.

The National Human Rights Society (Hakam) said today that the decision to abolish the death penalty infuses Malaysia’s criminal justice system with values that “upholds life and proves its love for its citizenry — no matter how and where and when they have gone wrong”.

Hakam president Gurdial Singh Nijar pointed out that the death penalty is irreversible, putting innocent lives at risk, and abolishing it would relieve judges and the State from deciding on someone’s life.

Gurdial also said that a life sentence with opportunity of parole would provide an opportunity for rehabilitation, and the funds now used for executions can better be used to help families of victims, especially those of the crime of murder.

However, Malaysians Against Death Penalty and Torture (Madpet) has warned Putrajaya against disappointing Malaysians in enacting the decision, hoping that the Bill will be tabled at least for the first reading at the next immediate session.

“Madpet hopes that MP and Senators from the Opposition parties will fully support the just move to abolish the death penalty,” said its spokesman Charles Hector.

Yesterday, de facto law minister Datuk Liew Vui Keong said while the government is studying certain cases, as of now, all executions have been halted.

It has been reported that a total of 1,267 prisoners are on death row, while 35 have been executed in the last decade.- Malay Mail, 11/10/2018

See also:-

MADPET welcomes Malaysian Cabinet Decision to Abolish the Death Penalty

MADPET - PH Government need make good promise to abolish ‘Mandatory Death by Hanging in all Acts’(statement issued on 10/10/2018, before the announcement of cabinet decision to abolish death penalty)

MADPET welcomes Malaysian Cabinet Decision to Abolish the Death Penalty

Media Statement – 11/10/2018

MADPET welcomes Malaysian Cabinet Decision to Abolish the Death Penalty

MADPET(Malaysians Against Death Penalty and Torture) welcomes the announcement that the Malaysian Cabinet has finally decided to abolish the death penalty, and that the needed Bill will be tabled at the next Parliamentary session, now scheduled to begin on 15/10/2018.

In the evening of 10 October 2018, the 16th World Day Against the Death Penalty, it was reported in the media that ‘…The Cabinet has decided to abolish the death penalty, and it will be tabled in the next Parliament sitting, which will begin on October 15, said Datuk Liew Vui Keong.The minister in charge of law in the Prime Minister’s Department said while the government is studying certain cases, as of now, all executions have been halted.“All death penalty will be abolished. Full stop….’(Malay Mail, 10/10/2018)

With regard persons currently on death row ‘…the Pardons Board will be tasked with looking into the applications of death row inmates. “Our view is that executions should not be carried out we will inform the Pardons Board to look into the various applications for all the death row inmates to either commute or release them…’ (Malay Mail, 10/10/2018)

This will certainly be good news for the spouses, children and relatives of the about 1,267 people on death row or 2.7% of the prison population of about 60,000 people.(Star, 28/6/2018). Their parent and/or relative will no longer be hanged to death and will live.

Whilst the announcement of the cabinet decision by the Minister is most welcome, in Malaysia, one will have to wait until the needed Bills are tabled in Parliament, become law and then put into force, hopefully by the end of 2018. Malaysians have been subjected by similar promises and/or assurances by Ministers in the past government, only to be later disappointed.

As such, it is our hope that the said Bills that will effectively abolish the death penalty will be tabled at the upcoming Parliamentary session, at the very least for the First Reading, if there be no time for it to be debated and passed.

MADPET hopes that Members of Parliament and Senators from the Opposition parties will fully support the just move to abolish the death penalty.

MADPET await the day when we can finally celebrate the abolition of the death penalty in law, and there will be no more death row in Malaysia.

Charles Hector

For and on behalf of MADPET

Note:-

·         Malay Mail, 10/10/2018 - Minister: Putrajaya to abolish death penalty [https://www.malaymail.com/s/1681448/minister-putrajaya-to-abolish-death-penalty]

·         The Business Times, 10/10/2018 – Malaysia To Abolish Death Penalty [https://www.businesstimes.com.sg/government-economy/malaysia-to-abolish-death-penalty]

Minister: Putrajaya to abolish death penalty

Published 10 hours ago on 10 October 2018

By Ida Nadirah Ibrahim

Minister in the Prime Minister’s Department, Datuk Liew Vui Keong, gives a speech during the ‘Law Reform Talk’ in Universiti Malaya October 10, 2018. — Picture by Miera Zulyana

PETALING JAYA, Oct 10 — The Cabinet has decided to abolish the death penalty, and it will be tabled in the next Parliament sitting, which will begin on October 15, said Datuk Liew Vui Keong.

The minister in charge of law in the Prime Minister’s Department said while the government is studying certain cases, as of now, all executions have been halted.

“All death penalty will be abolished. Full stop.

“We are studying certain issues... we need to look into it and hear the views of all, but as it stands today, the decision is to abolish the death penalty,” he told the media after the “Law Reform Talk” at Universiti Malaya here, today.

Liew said that with Putrajaya intending to abolish the death penalty, the Pardons Board will be tasked with looking into the applications of death row inmates.

“Our view is that executions should not be carried out we will inform the Pardons Board to look into the various applications for all the death row inmates to either commute or release them.

“When commuted, they would have to face life imprisonment because there had been several deaths that were caused by the offender and so they were sentenced to death by the court,” he said.

Liew added that all the paperwork for the abolishment of the law is in its final stages, and that the Attorney General (AG) had given the green light for it to be tabled in Parliament.

“All the papers are in the final stage. The AG has also indicated to us that it is ready to be tabled, hopefully in this (Parliamentary) session,” he said.

Earlier in his opening speech, Liew said the Pakatan Harapan government is also mulling a repeal of the Sedition Act 1948 and other draconian laws. - Malay Mail, 10/10/2018

MADPET - PH Government need make good promise to abolish ‘Mandatory Death by Hanging in all Acts’

Media Statement – 10/10/2018 – World Day Against the Death Penalty

PH Government need make good promise to abolish ‘Mandatory Death by Hanging in all Acts’

-         

 Abolish the Death Penalty And Commute All Death Sentences -

On 10 October 2018, the 16th World Day Against the Death Penalty, MADPET(Malaysians Against Death Penalty and Torture) wants to remind the Malaysian government that it has yet to make good its promise to abolish mandatory death penalty in Malaysia.

In the Pakatan Harapan Manifesto, it was clearly stated that ‘The Pakatan Harapan Government will revoke the following laws: Sedition Act, Prevention of Crime Act 1959…Mandatory Death by Hanging in all Acts…’

Currently in Malaysia, the death penalty is mandatory for about 12 offences, while about 20 other offences are punishable by a discretionary death penalty. Murder and Drug Trafficking carry the mandatory death penalty. Many of these mandatory death penalty offences do not even involve in any death or grievous injuries to victims.

The effect of abolishing the mandatory death penalty will restore judicial discretion when it comes to sentencing. Judges, will thereafter, be able to evaluate each and every convicted person and determine what the just and fair sentence should be, after taking into account all factors and circumstances.

The mandatory death penalty is undemocratic as it violates the democratic principle of separation of powers. The legislature (Parliament) has robbed the judiciary of their rightful role and power when it comes to sentencing.

When a law, provides for just one mandatory sentence, in this case death, judges on finding a person guilty of the said offence, have no choice but to sentence the convicted to death, even if he/she justly do not justly deserve to be hanged to death.

Many of the politicians and political parties that are now in power, previously in Opposition, were always for the abolition of the death penalty, but now when in power,, it is disappointing to see that they are procrastinating. Further, it must be reminded that they are yet to make good their election promise to repeal all laws that provide for ‘Mandatory Death by Hanging…’, which was a decision and commitment of all the 4 Pakatan Harapan party.

As of end June, there are 1,267 people on death row or 2.7% of the prison population of about 60,000 people. (Star, 28/6/2018) 35 executions took place from 2007 to 2017

The death penalty in Malaysia currently are provided for in secular or ordinary laws, not in Islamic law. As such there is no reasonable justification for any Muslim in Malaysia to oppose abolition of the death penalty on the grounds that Islam allows death penalty for certain specified offences. In Islam, there is a strict requirement to comply with Islamic Criminal Procedure and Evidential requirements. Even then, in Islam, for example murder, there are ways that the death penalty can be avoided.

As the Acts that now provide for death penalty in Malaysia are in the secular law, Muslim politicians and their parties that use the argument that Islam allows for the death penalty, so we oppose the abolition, are very wrong. They need to demonstrate leadership not fear.

The ‘best interest of the child’ is certainly best served by incarceration of a parent, sibling or relative rather than having them hung to death by the State. Malaysia, who have ratified the Child Rights Convention(CRC), has an obligation to do what is in the best interest of the child, and as such this is yet another reason why the death penalty must be abolished. 

The possibility of miscarriage or failure of justice in the implementation of the death penalty is irreversible and irreparable is yet another reason why the Death Penalty needs to be abolished. We recall the words of the then Malaysian Minister in the Prime Minister’s Department Datuk Seri Nazri Abdul Aziz, who said “No criminal justice system is perfect. You take a man’s life and years later, you find out that another person did the crime. What can you do?”(Star, 29/8/2010, Abolish death penalty, it’s incorrect to take someone’s life, says Nazri).

In the Malaysian context today, it would have been great injustice if the 2 convicted for the murder of Altantuya Shaariibuu had been hanged, for then it may result in others involved escaping justice. Likewise, in other cases where there may other perpetrators of the crime still at large, yet to be arrested, charged and tried.

Abolition of the death penalty is an ineluctable global trend. 106 countries had abolished the death penalty in law for all crimes by the end of 2017 and 142 countries had abolished the death penalty in law or practice. Malaysia embarrassingly is amongst the few countries who still retain the out-dated death penalty and carry out executions.

In 2018, Malaysia, under UMNO-BN, brought into effect the abolition of the mandatory death penalty for drug trafficking.  

It has been about 5 months since the new Pakatan Harapan-led government, but we have yet to see Bills being tabled that will lead to the abolition of the death penalty. Our HOPE is that we will see this happening in the next Parliamentary session or at least by the end of the year.

Being a reformist government, Malaysia needs to make rehabilitation and second chances the principal consideration in sentencing.

MADPET calls for the immediate abolition of the ‘Mandatory Death by Hanging in all Acts…’ as promised in the Pakatan Harapan’s ‘Buku Harapan: Rebuilding Our Nation Rebuilding Our Hopes’;

MADPET also calls for the abolition of the Death Penalty; and

MADPET also calls for immediate moratorium of all executions pending abolition;

Charles Hector

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