UPR - Death Penalty - What was reccomended and what Malaysia said?

Malaysia's 2nd Universal Periodic Review (UPR) was conducted in Geneva on 25 October 2013, and the 3rd UPR Review for Malaysia is in November 2018. Important date to note is the deadline of civil society/NGO submissions is 22/3/2018.

Here we recollect what was said about 'Death Penalty' - what some of the different countries recommended to Malaysia, and Malaysia's response to these recommendations... 

Recommendations 146.105, 146.107,146.116 and 146.127: The research arm of the Attorney-General’s Chambers is currently undertaking a comprehensive study to examine the legal and policy frameworks related to the application of the death penalty in Malaysia, scheduled for completion by end 2014. The findings and recommendations of the study will subsequently be presented to the Government for policy consideration and decision. In light of such developments, Malaysia is currently not in a position to commit to put in place an alternative to the death penalty and to establish a moratorium on its application. Malaysia has discontinued application of the death penalty on minors. Under current law, drug dealers and drug traffickers may still be subject to the death penalty. 

Recommendations 146.108, 146.109, 146.110, 146.111, 146.112, 146.113, 146.114, 146.115, 146.117, 146.118, 146.119, 146.120, 146.121, 146.122, 146.123 and 146.124: Malaysia reaffirms the understanding that the death penalty is not prohibited under international law and further reiterates that matters pertaining to the administration of justice fall under the State’s sovereign authority and jurisdiction. Malaysia further notes that several retentionist States that have previously imposed voluntarily moratorium on the death penalty have recently reintroduced its application. Given that a comprehensive study is currently being undertaken by the Government on this matter, Malaysia is presently not in a position to accept these recommendations.

Malaysia – UPR – What other nation states asked of Malaysia – Death Penalty

Sweden noted the declining rate of executions, but noted their continuation despite the announcement of a review of the mandatory death penalty and a temporary moratorium.

Switzerland called for a moratorium on the death penalty.

Argentina encouraged Malaysia to continue collaboration with organizations addressing refugees and asylum seekers and work towards abolition of the death penalty.

Kazakhstan welcomed the trend towards a moratorium on the death penalty. It called on Malaysia to consider a comprehensive reform of administration of criminal justice, including the death penalty.

Maintain its good example in observing the legal safeguards surrounding the application of death penalty (Egypt)

Consider reducing the number of crimes for which the capital punishment may be handed, including non-violent crimes, as well as establishing a moratorium on the use of the death penalty (Cyprus)

Reduce the number of crimes subject to death penalty and eliminate the compulsory application of the death penalty (Belgium); 

146.105.

Remain open and continue the engagement with the public on the death penalty matter, including on possible alternatives to the death penalty and its abolishing (Ukraine);

146.106.

Maintain its good example in observing the legal safeguards surrounding the application of death penalty (Egypt);

146.107.

Carry out the necessary nation-wide consultations to find an alternative to the death penalty, and, as far as possible, explore the possibility of establishing a moratorium on the capital punishment (Ecuador);

146.108.

Finalize the review of the mandatory nature of the death penalty, maintain a moratorium and ultimately move to abolish the death penalty (Australia);

146.109.

Take practical steps towards the abolishment of the death penalty, and as a first step officially introduce a moratorium on the implementation of death sentences (Bulgaria);

146.110.

Broaden the review of the death penalty with a view of eliminating mandatory death sentencing for capital offences and commute all death sentences to terms of imprisonment (Sweden);

146.111.

Consider reducing the number of crimes for which the capital punishment may be handed, including non-violent crimes, as well as establishing a moratorium on the use of the death penalty (Cyprus);

146.112.

Reduce the number of crimes subject to death penalty and eliminate the compulsory application of the death penalty (Belgium);

146.113.

Limit, as long as the death penalty persists in the country, its application to the most serious crimes, leaving drug trade while recognizing its seriousness, outside this category (Spain);

146.114.

Bring legislation on the death penalty in line with international minimum standards, in particular by abolishing mandatory death penalty and the death penalty for drug-related offences, and take steps to approving a moratorium with a view to eventual abolition (Germany);

146.115.

Move to discretionary sentencing for drug trafficking charges (United Kingdom of Great Britain and Northern Ireland);

146.116.

Abolish death penalty for minors and drug dealers (Albania);

146.117.

Repeal compulsory death penalty and eliminate its application for drug related offences(Switzerland);

146.118.

Reinstate a moratorium on executions (Belgium);

146.119.

Establish a moratorium on the death penalty (Mexico);

146.120.

Adopt a moratorium on the execution of the death penalty, with a view to a final abolition of the death penalty (Spain);

121.

Immediately establish an official moratorium on executions with a view to abolishing the death penalty (Norway);

146.122.

Establish a moratorium on the use of the death penalty with a view to abolishing capital punishment for all crimes (Montenegro);

146.123.

Establish a moratorium on executions of those sentenced to the death penalty and move forward in the legal review to reach its abolition (Chile);

146.124.

Instate an official moratorium on executions with a view to abolishing capital punishment, abolish the automatic sentencing to capital punishment for drug traffickers and commute all capital punishments to life prison sentences (France);

*As extracts were taken from the relevant document, there may be recommendations made by some countries not reflected here.

MALAYSIA'S RESPONSE TO THE RECOMMENDATIONS 

Report of the Working Group on the Universal Periodic Review^*

                   Malaysia

                         Addendum

                   Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review

1.   The Government of Malaysia reaffirms its commitment to the principles and purposes of the UPR which it views as an important intergovernmental process that could contribute significantly towards improving human rights at the domestic level, inter alia, by providing a platform for transparent, positive and constructive dialogue.

2.   The following sets out the Government of Malaysia’s views on conclusions and/or recommendations made during Malaysia’s Second Universal Periodic Review (UPR) on 24 October 2013 and which appear in paragraphs 146.1–146.232 of the draft UPR outcome report namely document A/HRC/25/10.

3.   The Government has carefully examined all 232 recommendations in consultation with all relevant Federal agencies, State Governments as well as other stakeholders including the National Human Rights Commission of Malaysia (SUHAKAM) and other civil society organisations and is pleased to report that Malaysia is able to support 149 recommendations. In particular, 113 recommendations are accepted in full, 21 recommendations are accepted in principle and 15 recommendations are accepted in part.

4.   In general, recommendations accepted in full indicate Malaysia’s support for the spirit and the principle(s) underpinning those recommendations as well as its ability to implement them. Recommendations accepted in principle indicate that Malaysia is taking steps towards achieving the objectives of the recommendations but disagrees with the specific actions proposed; or that certain recommendations have already been implemented or are in the process of being implemented; or that Malaysia is not in a position to implement at this juncture. The Government’s position on recommendations accepted in part is clarified in paragraph 8 below. The Government underscores that all recommendations accepted ‘in principle’ and ‘in part’ will be kept in full view alongside recommendations that are fully accepted and will be revisited in accordance with national priorities and needs.

5.   Recommendations that do not enjoy Malaysia’s support are generally those which call for immediate changes to existing laws, regulations and policies or touch on matters which the Government is not in a position to consider or commit to implement at this juncture. Malaysia is also unable to support certain recommendations that are based on factual inaccuracies or on mistaken underlying assumptions on the situation in the country. Malaysia’s position on certain recommendations which do not enjoy its support is further clarified in paragraph 10 below. While unable to accept certain recommendations, Malaysia does not completely reject the possibility of revisiting those recommendations, as appropriate.

6.   Recommendations that Malaysia fully accepts:

146.37, 146.38, 146.44, 146.45, 146.51, 146.52, 146.53, 146.54, 146.55, 146.57, 146.58, 146.59, 146.60, 146.61, 146.62, 146.63, 146.64, 146.65, 146.66, 146.67, 146.68, 146.69, 146.70, 146.71, 146.72, 146.73, 146.74, 146.75, 146.78, 146.79, 146.80, 146.81, 146.82, 146.83, 146.84, 146.85, 146.86, 146.87, 146.88, 146.89, 146.90, 146.91, 146.92, 146.93, 146.95, 146.106, 146.128, 146.131, 146.132, 146.133, 146.134, 146.135, 146.136, 146.137, 146.138, 146.139, 146.140, 146.141, 146.142, 146.143, 146.147, 146.149, 146.154, 146.163, 146.164, 146.170, 146.171, 146.172, 146.173, 146.175, 146.176, 146.177, 146.178, 146.179, 146.180, 146.181, 146.182, 146.183, 146.184, 146.185, 146.186, 146.188, 146.189, 146.190, 146.191, 146.192, 146.194, 146.195, 146.196, 146.197, 146.198, 146.199, 146.200, 146.201, 146.202, 146.204, 146.205, 146.206, 146.207, 146.208, 146.214, 146.215, 146.216, 146.222, 146.223, 146.224, 146.226, 146.227, 146.228, 146.229, 146.230, 146.231 and 146.232.

7.   Recommendations that Malaysia accepts in principle:

146.1, 146.5, 146.9, 146.11, 146.14, 146.20, 146.22, 146.23 and 146.24, 146.26, 146.27, 146.48, 146.49, 146.77, 146.94, 146.96, 146.97, 146.125, 146.153, 146.160, 146.169 and 146.187.

8.   Malaysia partially accepts the recommendations below and offers the following clarifications:

Recommendation 146.7: Malaysia has acceded to the First and Second Optional Protocols to the Convention on the Rights of the Child (CRC) on 12 April 2012. Malaysia has no immediate plans to accede to the Third Optional Protocol to the CRC.

Recommendation 146.39: Malaysia reaffirms its commitment to continue cooperating with the Council’s Special Procedures including by accepting official visits. Among the Special Procedures that have undertaken official visits to Malaysia in the recent past include the Special Rapporteur on the right to education, Working Group on Arbitrary Detention and the Special Rapporteur on the right to food. Numerous other mandate holders have visited Malaysia unofficially without restriction. Malaysia is open to further considering extending a standing invitation to the Special Procedures, however it has no immediate plans to do so.

Recommendation 146.76: The Human Rights Commission of Malaysia (SUHAKAM) has been regularly conducting human rights training for police officers and other law enforcement personnel. In addition, the Royal Malaysian Police (RMP) undertakes continuous training to ensure that their actions are in conformity with international human rights standards. RMP has in place a number of Standard Operating Procedures (SOP) towards this end. Most recently, RMP has adopted SOPs concerning implementation of security legislation and on the facilitation of peaceful assemblies under the Security Offences (Special Measures) Act 2012 and the Peaceful Assembly Act 2012, respectively. Malaysia is presently not in a position to immediately sign and ratify the Convention Against Torture (CAT).

Recommendations 146.105, 146.107,146.116 and 146.127: The research arm of the Attorney-General’s Chambers is currently undertaking a comprehensive study to examine the legal and policy frameworks related to the application of the death penalty in Malaysia, scheduled for completion by end 2014. The findings and recommendations of the study will subsequently be presented to the Government for policy consideration and decision. In light of such developments, Malaysia is currently not in a position to commit to put in place an alternative to the death penalty and to establish a moratorium on its application. Malaysia has discontinued application of the death penalty on minors. Under current law, drug dealers and drug traffickers may still be subject to the death penalty. Malaysia rejects the assertion that seeks to equate torture, inhuman, cruel or degrading treatment or punishment with corporal punishment including whipping and other forms of punishment as prescribed under existing laws which are carried out only upon direction by the Courts and which remain valid and legal forms of punishment in the country.

Recommendation 146.130: The Domestic Violence Act 1994 [Act 521] was enacted to curb the use of violence by a person against his/her spouse as well as provides a platform for victims to seek protection and justice. Act 521 was amended in 2011 to widen the definition of “domestic violence” to cover emotional, mental and psychological abuses. The concept of marital rape is not recognised in Malaysia’s legal system. That notwithstanding, Section 375A of the Penal Code was enacted to prevent husbands from causing hurt or the fear of death to his wife in order to have sexual intercourse with her.

Recommendation 146.148: This recommendation enjoys Malaysia’s support to the extent that it is compatible with national laws and policies and its obligations under applicable international instruments. Relevant government agencies and SUHAKAM have conducted seminars, workshops and training programmes to promote awareness and education in relation to human rights to police officers and other enforcement agencies. Malaysia is committed to maintain effective mechanisms to ensure an independent investigation of alleged misconduct by government officials, including law enforcement personnel. One such mechanism is the Enforcement Agency Integrity Commission (EAIC) established in 2009 aimed at addressing public complaints against law enforcement personnel, including police, immigration, customs and other Government authorities. Additionally, the Government established the Malaysian Anti-Corruption Commission (MACC) in 2008 to effectively and efficiently manage the nation’s anti-corruption efforts.

Recommendation 146.150 and 146.151: Malaysia is of the view that this recommendation is factually inaccurate as early, forced and child marriage has never been a trend in Malaysia. Under the civil law, statutory minimum age of marriage has been fixed at 18 years old. However, a female who has attained the age of 16 years may nevertheless be married through authorization granted by the Chief Minister. Under the parallel Syariah legal system, no marriage may be solemnized where either the male is under 18 or the female is under 16 except where the Syariah Judge has granted his permission in writing in certain circumstances. Section 22(6) of the Law Reform (Marriage & Divorce) Act 1976 (LRA) provides that marriages shall not be solemnized unless both parties freely consent to the marriage. Similarly, the Syariah law does not recognize forced marriage and a marriage without consent or performed under coercion is considered void and can be annulled. Malaysia believes in the importance of preserving and upholding the sanctity of marriage between man and woman and of the family institution.

Recommendation 146.155: Currently, Malaysia has in place mechanisms for interreligious dialogue. The Government remains committed to continue its engagement on religious issues taking into account the relevant constitutional provisions relating to Islam and in accordance with national laws, policies and domestic circumstances. The Government is not in a position to consider establishing a structured interfaith dialogue at this juncture.

Recommendation 146.193: Malaysia provides education to children in the country in accordance with the present national legal framework and policies.

Recommendation146.217 and 146.218: Measures undertaken by the Government are confined to legal and documented foreign workers, subject to the different rights of nationals and non-nationals. While Malaysia will continue to safeguard the rights of legal and documented foreign workers, it has no immediate plans to enact additional legislation such as specific laws on foreign workers.

9.   The following recommendations do not enjoy Malaysia’s support:

146.2, 146.3, 146.4, 146.6, 146.8, 146.10, 146.12, 146.13, 146.15, 146.16, 146.17, 146.18, 146.19, 146.21, 146.25, 146.28, 146.98, 146.99, 146.100, 146.101, 146.102, 146.103, 146.104, 146.129, 146.40, 146.41, 146.42, 146.43, 146.145, 146.146, 146.152, 146.156, 146.157, 146.158, 146.159, 146.166, 146.167, 146.168, 146.203, 146.209, 146.210, 146.211 and 146.225

10. Malaysia offers the following clarifications on recommendations which do not enjoy its support as listed below:

Recommendations 146.29, 146.30, 146.31, 146.32, 146.33 and 146.35: Presently, Malaysia has no plans to lift its reservations to the Convention on the Rights of the Child (CRC), Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and Convention on the Rights of Persons with Disabilities (CRPD). The Government underscores that such reservations do not run counter to the intent and purpose of those instruments and were made taking into account relevant constitutional provisions and the Islamic (Syariah) law which together form an integral part of the country’s legal framework.

Recommendation 146.34: Malaysia has taken steps to ensure that capital punishment is not imposed on persons under 18, in particular by rescinding the Essential (Security Cases) Regulations which ceased to have effect from 21 June 2012. The Government is currently reviewing its policy with a view to abolish practice of caning of children in schools.

Recommendation 146.36: The Government remains committed to take progressive steps in improving Malaysia’s compliance with international human rights standards. Such standards are given effect at the domestic level by among others the enactment of certain new laws and through the review of existing laws and policies.

Recommendations 146.46, 146.212 and 146.213 (on situation of indigenous peoples): Malaysia continues to take steps to better protect and respect the human rights of its indigenous population. Towards this end, SUHAKAM had undertaken an independent National Inquiry into the Land Rights of Indigenous Peoples, the findings and recommendations of which were submitted to the Government in August 2013. Currently, a Task Force comprising senior government officials, civil society representatives and academicians are in the process of determining, inter alia, details on which recommendations can be implemented in the short, medium and long term. The Government is committed to ensure that the report would be reviewed in a balanced and positive manner and takes into account the best interests of Malaysia’s indigenous peoples. The Task Force’s recommendations would be the platform for the formulation of a blueprint for the proposed reforms of indigenous land and policies once approved by the Cabinet. As the Government does not wish to pre-judge the outcome of the Task Force’s deliberations, Malaysia is unable to accept these recommendations at this juncture.

Recommendation 146.47: Malaysia has no plans to review the recent amendments to the Prevention of Crime Act 1959. Malaysia reiterates that human rights norms and standards were taken into consideration when proposing amendments to the Act including on the issuance of detention orders by the Prevention of Crime Board and on the possibility of judicial review of decision of the Board.

Recommendation 146.50: Article 121(1A) of the Federal Constitution which states, inter alia, that the High Courts shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts clearly demarcates the jurisdiction of the two legal systems in Malaysia. As such, Malaysia reaffirms that there is no conflict of competence between the Civil and Syariah Courts in Malaysia.

Recommendation 146.56: Malaysia is unable to support this recommendation as it has been overtaken by events. Recommendations of the 2005 Royal Commission on the establishment of an Independent Police Complaints and Misconduct Commission were duly considered by the Government leading to the establishment of the EAIC in 2009.

Recommendations 146.108, 146.109, 146.110, 146.111, 146.112, 146.113, 146.114, 146.115, 146.117, 146.118, 146.119, 146.120, 146.121, 146.122, 146.123 and 146.124: Malaysia reaffirms the understanding that the death penalty is not prohibited under international law and further reiterates that matters pertaining to the administration of justice fall under the State’s sovereign authority and jurisdiction. Malaysia further notes that several retentionist States that have previously imposed voluntarily moratorium on the death penalty have recently reintroduced its application. Given that a comprehensive study is currently being undertaken by the Government on this matter, Malaysia is presently not in a position to accept these recommendations.

Recommendation 146.126: Corporal punishment is a form of punishment provided for under existing laws in Malaysia. It is only imposed on serious offences and is only carried pursuant to the order of the courts. Malaysia is unable to support this recommendation as it equates torture, cruel, inhuman or degrading treatment and punishment with corporal punishment which is a valid and legal form of punishment in Malaysia.

Recommendation 146.144: Malaysia does not detain victims of trafficking in persons. However, such victims are required to reside in shelters provided for and gazetted by the Government with a view to afford them better protection and safety. The Government provides income-generating facilities and programmes in such shelters in order to further assist such victims.

Recommendation 146.161: Amendments to the Printing Presses and Publication Act (PPPA) introduced in 2012 clearly establishes the element of “right to be heard” before decisions on revoking or suspending media licenses or permits.

Recommendation 146.162: At present, Malaysia is not party to the ICCPR. Article 10 of the Federal Constitution provides for the exercise of the right to freedom of speech, subject to certain restrictions which are in consonance with international human rights standards. Malaysia maintains that certain restrictions provided for under the Sedition Act and the PPPA are in line with the permissible limitations under the relevant international human rights instruments.

Recommendation 146.165: The Peaceful Assembly Act 2012 was enacted to ensure that all citizens have the right to organize assemblies or to participate in assemblies, peaceably and without arms. Malaysia has no plans to revise this Act at this juncture.

Recommendation 146.174: Negotiations on the Trans-Pacific Partnership Agreement (TPPA) are currently underway. At this juncture, Malaysia is of the view that it would be premature to prejudge the outcome of those negotiations.

Recommendations 146.219, 146.220 and 146.221: Protection scope for migrant workers in Malaysia extends to documented foreign workers excluding their family members. Every person entering Malaysia, including undocumented migrants are subject to the applicable laws and regulations including the Immigration Act and are afforded protection under the law, as appropriate. Malaysia maintains that decisions on the possible naturalisation or the regularisation of status of aliens residing in the country is a sovereign matter.

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See also earlier related posts:

MADPET DISAPPOINTED WITH THE COURT OF APPEAL DECISION TO SENTENCE 9 TO DEATH OVERTURNING HIGH COURT’S LIFE IMPRISONMENT SENTENCE IN THE LAHAD DATU WAGING WAR CASE

MADPET - Commute death sentence on Lahad Datu 9 to life (FMT News)

06/14/2017, 15.07

MALAYSIA

Malaysian activists against the death sentence imposed on nine Filipino Islamic militants

The defendants were involved in a violent Islamist incursion in Sabah in 2013. The ruling of the Kota Kinabalu High Court was overturned. For human rights activist, the severity of the incident "should never be sufficient to justify the imposition of an unjust sentence, especially the death penalty.” The Philippines Foreign Affairs department said the "death sentence is still not final”.

Kuala Lumpur (AsiaNews/Agencies) – A Malaysian human rights group has slammed the country's Court of Appeals for sentencing nine Filipino Muslims to death.

On 8 June, the three-member bench reversed an earlier decision by a lower court, which in 2016 had given 

the Filipinos life imprisonment for their involvement in the Sabah incursion four years ago, and sentenced them instead to death for waging war against the Yang di-Pertuan Agong, Malaysia's king.

In 2013, about 200 Islamist militants from Sulu, southern Philippines, landed in Malaysia in an attempt to claim parts of Borneo. The incursion was inspired by the self-proclaimed Filipino Sultanate of Sulu, which claims historical dominion over Sabah.

"The death penalty has been shown to have no deterrent value on crimes," said Charles Hector of the group Malaysians Against Death Penalty and Torture on Monday.

Hector slammed the decision of the Court of Appeals to reverse an earlier decision by the Kota Kinabalu High Court, which had sentenced the Filipinos to life imprisonment in 2016.

Judge Stephen Chung of the Kota Kinabalu High Court had said there was no evidence that the accused were directly involved in skirmishes that occurred during the unrest.

In a statement, the Philippines Foreign Affairs department said the "death sentence is still not final," adding that the case will still to be heard by the Federal Court of Malaysia.

The month-long Lahad Datu standoff in February 2013, killed 68 people, 56 of whom were gunmen from Sulu whilst the rest were either Malaysian security forces or civilians.

The assault was the most serious security crisis faced by Malaysia in years. But for Hector, the severity of the incident "should never be sufficient to justify the imposition of an unjust sentence, especially the death penalty. - AsiaNews.it, 14/6/2017

CCTVs with no recording, and no police officers monitoring CCTVS - Death in Custody?

Too many allegations of torture and many deaths in custody - but Malaysian government is still not doing what is needed. CCTV (with recording capacity) is something that can really improve situation - it will assure us that the police are carrying out their duties in accordance with the law - that they are not 'torturing' people in police custody. In many countries, for example Hong Kong, the accused and/or their lawyer can get a copy of the CD showing the movement of the accused frfom point of arrest, which will show that all rights have been respected...all laws and Standard Operating Procedures(SOP) have been followed by the police and other enforcement authorities...

 

 

In a detah in custody case that I was involved in about 10 years ago, there was a CCTV but it was not working...anyway, that CCTV did not have any recording capacity...which makes it useless - because there is no recordings that investigators or even the courts can view to determine what exactly happened...We have been calling for CCTVs with recording capacity for a long time....

Now again, police says that CCTVs were 'dummies' with no recording capacity - and, worse still, there was no police officer monitoring these CCTVs??

The CCTV cameras installed at the Bandar Baru Klang police station were dummies intended to deter thieving officers serving in the station, said Asst Supt Harun Abu Bakar......He was responding to questions from hearing chairman Datuk Yaacob Md Sam, who had asked what was the purpose of having CCTV cameras in the station when they could only display but not record footage....Asked on whether the room which displayed the footage was monitored, Harun said he did not have sufficient manpower in his station and felt that they had more pressing matters to attend to.

Below a statement by MP Kasthuri Patto - more MPs should be issuing public statements on important issues in Malaysia...

Media statement by Democratic Action Party Member of Parliament for Batu Kawan and Publicity Secretary of Wanita DAP Kasthuri Patto on Wednesday 7 June 2017 in Batu Kawan, Penang. 

MP Kasthuri Patto

Putrajaya should be more resolute and determined in ensuring that all police and immigration lockups and interrogation rooms are fitted with working CCTVs to prevent rouge police officers from taking laws into their own hands and protecting honest, dedicated and accountable officers in carrying out their duties.

In 2013, a pledge was made by the former Bukit Aman Management Director Datuk Mortadza Nazarene that a committee would be set up to ensure the safety of all lock-up inmates in lieu of abuses and deaths in custody. Also 5 police lock-ups in the Jinjang Police Station, Shah Alam Police Station, Indera Mahkota Kuantan Police Station, Bayan Baru Police Station and also the Kota Kinabalu Police Station will be equipped with CCTV cameras, intercom systems, Black Marias, lawyers room, a court room, a control room, an identification parade room, a transit room and a room for meals. He also said that the police will cooperate with the Ministry of Health to conduct medical checks of detainees before being sent to the lockup and a commitment that medical doctor be brought in to inspect the detainees at least once a week.

Have all these pledges made in 2013 been fulfilled and adhered to? Are doctors ferried in into lockups, even in rural areas and interior areas like Sabah and Sarawak to render medical treatment to unwell detainees? Are detainees given a full medical checkup in the initial stages of the detention in lock-ups? If the detainee is unwell, is he given immediate medical treatment or will he be taken to a clinic or hospital after being taken to court first?

Most importantly, who monitors these pledges to ensure that they are followed through? Who is responsible when sick inmates are not given speedy and necessary treatment? Who is responsible when rogue officers take matters into their own hands and bash up inmates in lock-ups, detention centres and prisons in the name of extracting information from them? Is it the duty of the Investigation Officer or any police officer to conduct interrogations or is it the duty of the prosecutor to do that? What is the SOP followed in exerting force to derive information?

In 2016, PDRM Management Director Datuk Zulkifli Abdullah said that out of 704 lockups in the country, 58 will be fitted with (Self-Monitoring Analytics Reporting Technology) SMART CCTVs and will be then known as Smart Lockups. 58 CCTVs costing RM 3.5 million saw the first installation in the Jinjang Centralised Lockup Centre as a pilot project, and subsequent installations in all lock-ups thereafter. This May, Bernama reported that all 58 lockups have been installed with the SMART CCTVs.

With only 8% of police lockups fitted with the SMART CCTVs, what then is the status of the installation of the balance 646 CCTVs in lockups nationwide? How much longer is Putrajaya going to drag its feet to ensure that lockups in the country are equipped with these CCTVs?

It is evident that there has been a violation of these pledges and promises, and Putrajaya has committed a colossal violation of human rights by their severe lack of conscience, accountability and commitment in ensuring that miscreant officers don’t get away when they take laws into their own hands. Prime Minister Najib must ensure that ministries and agencies under his administration prove to Malaysians alike that officers who abuse their positions by harming and abusing inmates be suspended, and tried in court like any other person who is subject to the laws of the land.

Regrettably, we are faced with 6 deaths in police custody under 6 months this year alone and none have been accountable for these deaths.

Announcements have been made by the former and current PDRM Director of Management, the Inspector General of Police, Deputy Prime Minister and Home Minister Datuk Seri Ahmad Zahid Hamidi and not forgetting a launch and a pompous announcement by the Prime Minister Najib Razak on the installation of 58 CCTVs in lock-ups nationwide and yet the numbers of deaths in custody are increasing by the month.

The Home Ministry, the IGP and police personnel must understand that the installation of the SMART CCTVs in police lockups will ensure competency, accountability and transparency to protect police officers and also to ensure that law is not taken into anyone's hands.

Putrajaya should be more resolute and determined in ensuring that all police and immigration lockups and interrogation rooms are fitted with working CCTVs to prevent rouge police officers from taking laws into their own hands and protecting honest, dedicated and accountable officers in carrying out their duties.

Kasthuri Patto

Member of Parliament for Batu Kawan

Democratic Action Party, Malaysia. 

uesday, 6 June 2017 | MYT 4:43 PM

CCTV cameras were dummies, police station chief tells EAIC hearing

by d. kanyakumari

PETALING JAYA: The CCTV cameras installed at the Bandar Baru Klang police station were dummies intended to deter thieving officers serving in the station, said Asst Supt Harun Abu Bakar.

The officer in charge of the police station (OCS) said this during the Enforcement Agency Integrity Commission (EAIC) hearing to investigate the death of  44-year-old S. Balamurugan who died in custody in the station lock-up.

He was responding to questions from hearing chairman Datuk Yaacob Md Sam, who had asked what was the purpose of having CCTV cameras in the station when they could only display but not record footage.

Harun explained that the four cameras installed around the station were intended to "warn officers that they were being watched".

"The previous OCS installed a CCTV system as a measure to scare the officers as there were a few who were stealing things. He installed it with his own initiative and even took a few CCTV cameras from the gambling dens they raided here," said Harun, who took over as station chief in January.

He added that the system was effective as only a few officers knew that the cameras in the station could not record footage.

Asked on whether the room which displayed the footage was monitored, Harun said he did not have sufficient manpower in his station and felt that they had more pressing matters to attend to.

"I feel the CCTV system is important and needs to be monitored but we don't have enough people," he said.

Balamurugan died in custody on Feb 8 after he was arrested with two other men and brought to the Bandar Baru Klang station for questioning.

Fellow detainees Ang Kian Kok and K. Tamilarasan had both said they along with Balamurugan were beaten up by an officer named Moganes at the station and their  description of the beatings tallied with post-mortem findings on Balamurugan's body.

The lack of a functioning CCTV camera system in the station has made it difficult for the investigations to take place. - Star, 6/6/2017

Read more at http://www.thestar.com.my/news/nation/2017/06/06/cctv-cameras-were-dummies-police-station-chief-tells-eaic-hearing/#YekmrYyrFeRdgQsH.99

MADPET DISAPPOINTED WITH THE COURT OF APPEAL DECISION TO SENTENCE 9 TO DEATH OVERTURNING HIGH COURT’S LIFE IMPRISONMENT SENTENCE IN THE LAHAD DATU WAGING WAR CASE

Media Statement – 11/6/2017

MADPET DISAPPOINTED WITH THE COURT OF APPEAL DECISION TO SENTENCE 9 TO DEATH OVERTURNING HIGH COURT’S LIFE IMPRISONMENT SENTENCE IN THE LAHAD DATU WAGING WAR CASE

- Individual’s sentence must be based on evidence of what they actually did in joint crimes -

MADPET (Malaysians Against Death Penalty and Torture) is disappointed that the Court of Appeal chose to sentence 9 Filipino men for waging war against the Yang di-Pertuan Agong in relation to the Lahad Datu intrusion four years ago. 

This case is in connection with what happened in February-March 2013, when a group, comprising over a hundred people, who were allegedly followers of self-proclaimed Sultan of Sulu, Jamalul Kiram III entered Sabah allegedly on a mission to ‘reclaim’ part of Borneo as their ancestral land. The Lahad Datu situation reportedly saw a total of 68 deaths – 56 from the Sulu sultanate, nine from the Malaysian authorities and six civilians.(Astro Awani, 30/12/2013)

Justice Mohd Zawawi Salleh, who chaired the three-member panel of the Court of Appeal, overturned the natural life sentence meted out by the Kota Kinabalu High Court on July 26 2016 on these 9 men, and sentenced them to death. The other members of the panel of the Court of Appeal were Justices Abdul Rahman Sebli and Kamardin Hashim.(Star, 9/2/2017).

The nine men are Julham Rashid, 70; Virgilio Nemar Patulada @ Mohammad Alam Patulada, 53; Salib Akhmad Emali, 64; Tani Lahad Dahi, 64; Basad Manuel, 42, who is the son of the late self-proclaimed Sultan Sulu Jamalul Kiram, Datu Amirbahar Hushin Kiram, 54; Atik Hussin Abu Bakar, 46; Al Wazir Osman @ Abdul, 62; and Ismail Yasin, 77.

It must be noted that in 2016, the trial judge, Judge Stephen Chung, at the Kota Kinabalu High Court, after hearing the case, having the benefit of hearing the witnesses and considering the evidence elected to not sentence the 9 to death, but to life imprisonment.

‘…In his judgment, Chung said there was no evidence that the accused were directly involved in the skirmishes that occurred during the intrusion, nor was there proof that they had killed any member of the security force in cold blood or injured anybody. He noted that the key persons in the intrusion, such as Datu Agbimuddin Kiram and 'General Musa' were not brought to justice. "It is indeed an odious task to pass the appropriate sentence for the accused convicted under Section 121 of the Penal Code. "The offence had badly affected the lives of the residents of Kampung Tanduo and those who resided in the nearby villages, as well as the families of the deceased security personnel," he said…’(Malaysian Digest/Bernama 26/7/2016). The said 9 persons were as such sentenced not to death, but to life imprisonment by the High Court.

Of note also, is the fact that 6 or more of these persons elected to plead guilty after the High Court asked 19 of the 30 persons charged to enter their defence after prosecution managed to establish a prima facie case. The plea of guilt is generally taken as a mitigating factor when it comes to sentencing. 

It was also reported that the lawyer representing these accused persons that pleaded guilty also ‘told the court that his clients had been promised jobs and identity cards by their leader, General Musa, the chief of staff of Datu Agbimuddin Kiram who was a brother of the self-styled Sulu Sultan.’ (Star, 24/2/2016). It was also reported that ‘although they admitted to being members of a terror group known as the Royal Sulu Force (RSF), they were not involved in its militant activities. He said this was consistent with their statements recorded individually before a Sessions Court judge in Lahad Datu shortly after their arrests sometime in March 2013…’

It must be pointed out that even though they may all be convicted of the same offence, when it comes to sentencing, the court is duty bound to consider the evidence adduced against each and every individual in determining the appropriate sentence for each of them. 

As such, the observation of the High Court that there was ‘no evidence that the accused were directly involved in the skirmishes that occurred during the intrusion, nor was there proof that they had killed any member of the security force in cold blood or injured anybody’ is most relevant.

The atrocity of the incident itself, which involved over 100 persons, should never be sufficient to justify the imposition of an unjust sentence, especially the death penalty, on the few individuals that were caught, charged, tried and convicted.  

Further, it must be reiterated that the death penalty has been shown to have no deterrent value on crimes, and vice versa, there has been no proof showing that the death penalty does in fact deters crime. 

Minister in the Prime Minister's Department Datuk Seri Azalina Othman, the new de facto Law Minister, during the Parliamentary session on 2/11/2016 clarified that Malaysia was not just looking at the mandatory death penalty, but all death penalty. They were considering possibly replacing the death penalty with life imprisonment.(The Sun Daily, 3/11/2016). This fact also makes this recent decision of the Court of Appeal to impose the death penalty, coupled with the fact that many in Malaysia are for the abolition of the death penalty.

As such, MADPET calls that death sentence imposed on this 9 persons be commuted to imprisonment.

MADPET reiterates its call for the abolition of the death penalty, and that there be an immediate  moratorium on all executions pending abolition.

Charles Hector

For and on behalf of MADPET

Friday, 9 June 2017

Filipinos sentenced to death over Lahad Datu intrusion

Going down: The Filipinos being led away after sentencing in Kota Kinabalu. — Bernama

PUTRAJAYA: Nine Filipino men have been sentenced to death by the Court of Appeal for waging war against the Yang di-Pertuan Agong in relation to the Lahad Datu intrusion four years ago.

Justice Mohd Zawawi Salleh, who chaired the three-member panel, overturned the natural life sentence meted out by the Kota Kinabalu High Court on July 26 last year.

He said the case had an element of conspiracy, and that the respondents were part of the conspiracy hatched across the border to wage war against the Government and the King with intent to weaken the country from within to reclaim Sabah.

“The route from the Philippines to Sabah, the landing site at Kampung Tanduo and the different targets at Sabah were all pre-determined.

“This was an attack from a foreign enemy which is unprecedented in Malaysian history,” the judge remarked.

Justice Mohd Zawawi said the conspiracy behind the attack was as deep and large as it was vicious, and the execution was ruthless.

“The sentence imposed must reflect the condemnation of Malaysians against such a crime. We are firmly of the view that this is a fit and proper case to impose the death penalty against the respondents,” he added in delivering the unanimous decision.

The other judges on the panel were Justices Abdul Rahman Sebli and Kamardin Hashim.

The nine men are Julham Rashid, 70; Virgilio Nemar Patulada @ Mohammad Alam Patulada, 53; Salib Akhmad Emali, 64; Tani Lahad Dahi, 64; Basad Manuel, 42, who is the son of the late self-proclaimed Sultan Sulu Jamalul Kiram, Datu Amirbahar Hushin Kiram, 54; Atik Hussin Abu Bakar, 46; Al Wazir Osman @ Abdul, 62; and Ismail Yasin, 77.

Clad in green prison garb and each escorted by two prison guards, the Filipinos showed no emotion after the verdict was delivered.

However, the panel dismissed the prosecution’s appeal against 14 men charged with waging war against the King and for terrorism-related offences.

In affirming the acquittal, Justice Mohd Zawawi said the panel was satisfied that the trial judge was right in holding that no case had been proven against the one Malaysian and 13 Filipinos.

He said the prosecution's case against them was predicated purely on circumstantial evidence which did not point irresistibly to the fact that they were involved in the offences with which they were charged.

However, Justice Mohd Zawawi allowed the application by Deputy Head of the Appellate and Trial Division Awang Armadajaya Awang Mahmud for the 14 to be remanded pending filing of appeal. - Star, 9/6/2017

Read more at http://www.thestar.com.my/news/nation/2017/06/09/nine-get-the-gallows-for-waging-war-filipinos-sentenced-to-death-over-lahad-datu-intrusion/#YF03ZTGemFbksjRe.99

 

 

Wednesday, 24 February 2016

Six plead guilty to being part of terror group

by ruben sarioandstephanie lee

KOTA KINABALU: Six Filipinos who took part in the intrusion of Lahad Datu three years ago after being promised jobs and identity cards, pleaded guilty to being members of a terror group at the High Court here.

The men, who were facing various charges for their involvement in the intrusion of Kampung Tanduo, Lahad Datu in 2013, changed their plea and admitted to being members of a terror group under Section 130KA of the Penal Code, yesterday.

They are Atik Hussin Abu Bakar, Basad Manuel, Ismail Yasin, Virgilio Nemar Patuluda @ Mohammad, Lin Mad Salleh and Holland Kalbi. Atik, Basad, Ismail and Virgilio are also facing charges under Section 121 of the Penal Code for waging war against the Yang di-Pertuan Agong.

Two other Filipino nationals and three Malaysians who are facing similar charges in connection with the intrusion are expected to change their pleas as well before Justice Stephen Chung today.

Two other Filipinos who were supposed to change their pleas, however changed their minds and claimed trial on the charge of being members of a terror group.

Counsel Datuk N. Sivananthan, who represented the accused, told the court that his clients had been promised jobs and identity cards by their leader, General Musa, the chief of staff of Datu Agbimuddin Kiram who was a brother of the self-styled Sulu Sultan.

In seeking a lenient sentence for his clients, he told Justice Chung that although they admitted to being members of a terror group known as the Royal Sulu Force (RSF), they were not involved in its militant activities.

He said this was consistent with their statements recorded individually before a Sessions Court judge in Lahad Datu shortly after their arrests sometime in March 2013.

Sivananthan noted that the sentence for those convicted under this section of the Penal Code was from one day in jail to life imprisonment.

He said the court should take into account the extent of the accused’s involvement in the group’s militant activities before meting out the sentence.

Senior Federal Counsel Mohd Dusuki Mokhtar urged the court to impose a maximum penalty, saying a lenient sentence would undermine and compromise Malaysia’s sovereignty.

He said the accused had admitted to being members of a terror group, adding that terrorism had become a global threat.

Noting that the trial involved the first case of an intrusion by a group of foreigners into Malaysia, Dusuki said the court decisions would be a benchmark and serve as a precedent for subsequent cases.

Justice Chung said he would read out the sentences for the accused at the end of the trial which was held at the State Prison in Kepayan near here under tight security.

Read more at http://www.thestar.com.my/news/nation/2016/02/24/six-plead-guilty-to-being-part-of-terror-group-filipinos-involved-in-lahad-datu-intrusion-change-ple/#FVo5GcDv2oGI452W.99

Nine Filipinos Sentenced To Life Over Lahad Datu Intrusion

Published on Tuesday, 26 July 2016 15:05

Pic: AwaniKOTA KINABALU: Nine of the accused in the Lahad Datu intrusion case who were found guilty of waging war against the Yang di-Pertuan Agong escaped the gallows when they were sentenced to life imprisonment by the High Court here today.

Judge Stephen Chung meted out the sentence on Filipinos Atik Hussin Abu Bakar, 45; Basad H. Manuel, 41; Ismail Yasin, 76; Virgilio Nemar Patulada alias Mohammad Alam Patulada, 52; Salib Akhmad Emali, 63; Al Wazir Osman, 61; Tani Lahaddahi, 63; Julham Rashid, 69; and Datu Amir Bahar Hushin Kiram, 53.

The capital punishment for the offence under Section 121 of the Penal Code was death.

In his judgment, Chung said there was no evidence that the accused were directly involved in the skirmishes that occurred during the intrusion, nor was there proof that they had killed any member of the security force in cold blood or injured anybody.

He noted that the key persons in the intrusion, such as Datu Agbimuddin Kiram and 'General Musa' were not brought to justice.

"It is indeed an odious task to pass the appropriate sentence for the accused convicted under Section 121 of the Penal Code.

"The offence had badly affected the lives of the residents of Kampung Tanduo and those who resided in the nearby villages, as well as the families of the deceased security personnel," he said.

Chung also sentenced Salib Akhmad, Al Wazir, Tani, Julham and Datu Amir Bahar to 18 years' jail each on a second charge of being members of a terrorist group, while the other four – Atik Hussin, Basad, Ismail and Virgilio – who pleaded guilty to the same offence each received 13 years imprisonment.

They were ordered to serve the jail sentences concurrently from their date of arrest.

Also convicted of being members of a terrorist group were Timhar Hadil, 39 and a local, Abd Hadi Mawan, 52, and they were sentenced to 15 years' jail each to be served from the date of their arrest.

Chung said he considered the guilty plea of Filipinos Lin Mad Salleh, 50; Holland Kalbi, 50; and Aiman Radie, 20 for the same offence and sentenced them to 13 years' jail each, to be served from the date of their arrest.

The offence of being a member of a terrorist group is framed under Section 130KA of the Penal Code which provides an imprisonment for life upon conviction.

Two other locals in the case who pleaded guilty to amended charges were each sentenced to 15 years imprisonment from the date of their arrest.

One of them, Pabblo Alie, 66 had pleaded guilty to soliciting property for the benefit of a terrorist group or for the commission of a terrorist act, an offence under Section 130G (c) of the Penal Code, which carries the maximum 30-year imprisonment upon conviction.

The other, Mohammad Ali Ahmad, 41 had also pleaded guilty to soliciting or giving support to a terrorist group, an offence under Section 130J (1) (a) of the Penal Code, which also carries the maximum 30-year imprisonment upon conviction.

- Bernama - Malaysian Digest, 28/7/2016

See also Astro Awani report on 26/7/2016 -Nine Filipinos sentenced to life over Lahad Datu intrusion

Lahad Datu invasion: A painful memory of 2013

Najiah Najib | December 30, 2013

KUALA LUMPUR: On Feb 11, 2013, the nation was rocked by news that broke late into the night about the eastern shores of Sabah being invaded by a group of armed men.

The group, comprising over a hundred people, was quickly identified to be followers of self-proclaimed Sultan of Sulu, Jamalul Kiram III. They were led by Jamalul's brother Agbimuddin Kiram.

Hailing from Pulau Simunul of Tawi-Tawi in the southern Philippines, the group first entered Malaysian waters by boat on Feb 9 and gathered in stages at Felda Sahabat 17 in Kampung Tanduo, Lahad Datu, as a means of ‘reclaiming’ part of Borneo as their ancestral land. This forced some eighty locals to flee from 15 homes.

Upon being discovered by fishermen, the Filipino rebels broke into smaller groups and entered several locations in the village, including Kampung Sungai Bakau.

On Feb 14, Prime Minister Datuk Seri Najib Razak said the Malaysian government would negotiate with the group before ousting them from the area. Then Inspector General of Police Tan Sri Ismail Omar said negotiations with the group were in progress to find the best solution without bloodshed.

Two days later, then Home Minister Datuk Seri Hishammuddin Tun Hussein made a statement that played down the situation; the group merely comprised ‘malnourished’ and elderly men in sarongs and slippers, mostly unarmed, he said.

The tussle between Malaysia and the Philippines over Sabah had been a long-standing one. The Suluks wanted Sabah to be returned to them, claiming it was seized by the British from their government. But Malaysia had always rejected the Philippine's territorial claim to Sabah as it deemed that Sabah residents had exercised their right to self-determination when they voted to join the Malaysian federation in 1963.

The Sulu sultanate also lost their rights in the Madrid protocol of 1885 when their predecessors Spain relinquished all their claims to Sabah, giving all control to Malaysia’s predecessors, the British.

However, it was subsequently learnt that the Malaysian Embassy in the Philippines were issuing cheques for RM5,300 to the legal counsel of the heirs of the Sultan of Sulu in keeping with the terms of an 1887 agreement. While Malaysia considered it as annual cession payment for the disputed state, the sultan’s descendants considered it as “rent”.

Many then called for the Malaysian government to reduce or stop the cession payment altogether, including former premier Tun Dr Mahathir Mohamad and opposition lawyer Karpal Singh.

The first shootout between Malaysian security forces and the small group of Filipino rebels broke out on March 1 when the latter tried to break a police blockade in Kampung Tanduo. Najib confirmed that the event had left two police commandos dead while Sabah police commissioner, Datuk Hamza Taib, confirmed that 12 of Kiram’s followers were killed.

At this juncture, the Philippines government seemed to totally leave the fate of the royal Sulu army in the hands of the Malaysian security forces.

In the early hours of March 3, a group of Filipino gunmen, believed to be less than 10, ambushed the police in a village in Semporna, Sabah. The media reported that six Malaysian police officers and seven assailants were killed. It was also reported that four of the policemen had their bodies mutilated, with one beheaded.

On March 5, three F-18 and five Hawk aircraft filled the Kampung Tanduo skies in an airstrike against the Filipino rebels at dawn in an effort to flush them out. Thirteen of the Sulu gunmen were killed in the process. The deaths were confirmed by then Defence Minister Datuk Seri Ahmad Zahid Hamidi.

Codenamed Ops Daulat, the ‘mopping up’ stage also saw ground troops going door-to-door to sniff out the intruders. However, none were caught.

Kampung Tanduo was finally secured by Malaysian forces on March 11, with the bodies of 22 Sulu gunmen recovered. Despite the deaths, the Kiram family insisted that its army stay put in Sabah and not surrender.

Between March 20 and April 1, 15 Filipino nationals were charged in court over the incursion – eight of them in the Tawau High Court while the rest in the Lahad Datu Magistrate’s Court.

A Malaysian Special Branch officer, Corporal Hassa Ali Basari, was also charged and convicted for intentionally refraining from disclosing information on terrorist acts by the Sulu gunmen in Lahad Datu.

Ops Daulat ended on June 29 when it was replaced by the Eastern Sabah Security Command (ESSCOM). The body is now responsible for security arrangements in the area, covering all operations from northern Kudat to south-eastern Tawau. This is to ensure that Sabah’s eastern sea borders remain safe. A 24-hour ESSCOM operations room was also announced on Aug 12.

The Lahad Datu standoff reportedly saw a total of 68 deaths – 56 from the Sulu sultanate, nine from the Malaysian authorities and six civilians.

2 men executed on 24/5/2017 - Media Statement by Kasthuri Patto

Media statement by Democratic Action Party Member of Parliament for Batu Kawan and member of the Parliamentarians for Global Action Kasthuri Patto on Wednesday, 24 March 2017 in Penang.

Highly immoral, inhumane and a gross misconduct on the part of the Najib administration under the Barisan Nasional government to continue with executions on prisoners on death row when the Attorney General has not presented recommendations to the Cabinet to amend laws on the mandatory death penalty.

In the wee hours of this morning, 24 May 2017, 2 men had been executed at Sungai Buloh Prison – a Malaysian Chinese and Yong Kar Mun, 48 who was sentenced to death in 2009 for armed robbery.

The double execution this morning comes as a grave shock to Members of Parliament, the Malaysian Bar, Amnesty International, the Human Rights Commission of Malaysia (SUHAKAM) and other human rights bodies, but most importantly, the unconsolable grief of the 2 families who had not been notified on the exact date and time of the secretive nature of the executions of these two men.

Time and time again, lawmakers have been questioning the government in the Malaysian Parliament on the status of the abolition of the death penalty in Malaysia and stressing on an immediate moratorium on the death penalty pending possible amendments to laws that warrant the death sentence as a method of punishment and revenge.

On 5^th September 2016 a Special Task force had been formed on the abolition of the death penalty attended by MP for Ipoh Barat M. Kulasegaran, SUHAKAM, Amnesty International, The Attorney General's Chambers, academicians, the Malaysian Bar Council, Home Ministry and also the National Security Council. On 1^st March this year, the Cabinet was presented with the findings of a research by Roger Hood and International Centre for Law and Legal Studies (I-CeLLS) by the Attorney General himself whereby the Cabinet had decided and agreed that provisional amendments to Section 39B of the Dangerous Drugs Act 1952 by including that discretionary powers be given to courts to mete out the punishment befitting the crime.

In the last Parliament sitting in April, Minister in the Prime Minister's Department Azalina Othman cemented the fact that a memorandum from the Cabinet together with the proposed amendments to the DDA 1952 will be brought again to the Cabinet for further consideration. Dato Azalina also stressed that the mandatory death penalty has proven that it is NOT a deterrent to crime.

The government has committed countless times over the years, to amend provisions in the law to grant discretionary powers to the courts on drug related offences that carry the mandatory death penalty and yet appears apprehensive in committing to see it through. Why then the chest thump on transforming Malaysia into a nation that upholds and respects human rights when it is not serious on imposing a moratorium on all death row cases, across the board until discussions, meetings and even amendments are made?

While the Attorney General prepares the documents on the amendments of the law on the mandatory death penalty, executions are still going on in Malaysian prisons and in this year alone, Malaysia executed 4 people in 5 months!

The Najib administration has violated international human rights standards and laws in its persistent lack of transparency in carrying out executions.

It appears that the Malaysian government is more keen on executing prisoners than making just, reformist, progressive, positive changes in the law to uphold, promote, protect and defend human rights.

Until and unless Prime Minister Najib Razak pull the brakes and halt ALL executions and impose a moratorium until law reforms have been made to safeguard the sanctity and the spirit of the right to life and human rights in Malaysia, vision TN50 will be merely a hollow meaningless effort to transform Malaysia into a developed, progressive nation.

I call upon the Attorney General, the Prime Minister Najib Razak and the PM's Department to present the findings on the research to abolish the death penalty in the next Cabinet meeting and in the same vein to propose and to impose a moratorium on ALL death row prisoners until the matter is brought to Parliament, debated and passed.

Highly immoral, inhumane and a gross misconduct on the part of the Najib administration under the Barisan Nasional government to continue with executions on prisoners on death row when the Attorney General has not presented recommendations to the Cabinet to amend laws on the mandatory death penalty.

Kasthuri Patto

Member of Parliament for Batu Kawan

Publicity Secretary of Wanita DAP

Member of the Parliamentarians for Global Action (PGA) for the Abolition of the Death Penalty

Democratic Action Party

Mohamad Thaqif Amin Mohd Gaddafi.. allegedly beaten by the assistant warden of the religious school..dies?

Mohamad Thaqif Amin Mohd Gaddafi died at 2.06pm 26/4/2017(Friday) at Hospital Sultan Ismail in Johor Bahru.......Thaqif was admitted to Sultan Ismail Hospital (HSI) on Wednesday for injuries to his legs after he was allegedly beaten by the assistant warden of the religious school he was attending....On Friday, HSI doctors amputated his legs in a bid to prevent infection...

PRESS RELEASE

It is Time to Abolish Corporal Punishment

The Malaysian Bar is deeply saddened by the death of 11-year-old Mohamad Thaqif Amin Mohd Gaddafi.  We are appalled by the circumstances that led to his tragic death.  

Questions have now been raised about the proper supervision and oversight of tahfiz schools in general, given that they fall outside the scope of the Ministry of Education.  The issue of employment of suitable staff who are adequately qualified and trained, and have the appropriate temperament to work with children, also needs to be addressed.

  

The tragic and untimely demise of Mohamad Thaqif Amin Mohd Gaddafi leads to the question of whether it is time to abolish all forms of corporal punishment.  It is, at the very least, a cruel and inhumane punishment and, in this young boy’s case, very likely constituted excruciating pain and even torture.  

It should be noted that the amendments to the Child Act 2001, brought into force on 1 January 2017, have done away with the offence of caning of children by the civil courts.  It is time to extend this abolition to other courts, schools and even private homes, as caning can so easily be — and has indeed been — abused.  The death of even one child as a result of corporal punishment is one too many.

The Malaysian Bar extends its deepest condolences to the family and loved ones of Mohamad Thaqif Amin Mohd Gaddafi.

George Varughese

President

Malaysian Bar 

1 May 2017

Source: Malaysian Bar Website 


 

Abused tahfiz student Thaqif dies

Khairil Ashraf

 | April 26, 2017

His aunt says it may have been due to his unstable heart condition.

PETALING JAYA: The 11-year-old who slipped into a coma after undergoing surgery to amputate both his legs has died.

Mohamad Thaqif Amin Mohd Gaddafi died at 2.06pm at Hospital Sultan Ismail in Johor Bahru.

“He may have died due to his unstable heart condition,” Thaqif’s aunt Dzuraidah Ahmad told FMT when contacted.

Thaqif was admitted to Sultan Ismail Hospital (HSI) on Wednesday for injuries to his legs after he was allegedly beaten by the assistant warden of the religious school he was attending.

On Friday, HSI doctors amputated his legs in a bid to prevent infection to tissues and blood cells in his body. The following day, though, he lapsed into a coma.

Doctors later found that his right hand had turned black due to a bacterial infection and blood clots had started to form on his left shoulder. They informed his family that his arm had also turned necrotic.

Thaqif had been due for further surgery to amputate his right arm this morning. However, it was postponed as the condition of his heart was not stable.

The assistant warden was arrested at his home in Felda Lok Heng Barat, Kota Tinggi last Saturday, following a police report lodged on April 18 by Thaqif’s mother.

His remand order was due to expire today, but it was extended for another three days until Saturday to facilitate the probe into the case.

Dzuraidah previously told The Star that Thaqif had complained to his mother about the beatings and also wrote in his diary about how the abuse had started last month.

“Dear Allah, please open my parents’ hearts to allow me to transfer to another school because I cannot stand it anymore. Please, Allah, make my wishes come true,” the daily quoted from one of Thaqif’s diary entries, as related by his aunt. - FMT News, 26/4/2017

110 lock up deaths from 2010 until 2016 - only 1 caused by police, says Minister Zahid?

Zahid: Only one custodial death due to injuries by police

By K Pragalath

 

Last Updated 28th March, 2017, 9:36 AM

In total there were 110 lock up deaths from 2010 until 2016, most of them due to health issues

KUALA LUMPUR: Only one detainee had died in police lock up due to injuries sustained from the police, revealed Home Minister Ahmad Zahid Hamidi in a written reply to Gobind Singh Deo (Puchong-DAP) today.

“For the period from the year 2010 to 2016, only one detainee died in police lock up due to injuries sustained from police personnel. That was in the year 2013,” said Zahid.

“The highest number of lock up deaths was 20 in the year 2013. Of the 20, 15 died due to various infections to the liver, throat, lung, intestines and ulcers.”

The infection cases also contributed to the majority of the deaths in lock ups – up to 84 cases out 110 deaths.

In total there were 110 lock up deaths from 2010 until 2016, revealed Zahid who is also the deputy prime minister.

The lowest number of deaths were recorded in 2010 with nine deaths.

Gobind had asked for the number of deaths in police lock ups since 2010. - Berita Daily, 28 March 2017

SUHAKAM - custodial deaths in prison had increased to 269 in 2016, compared with 252 in 2015?

Suhakam: Families of dead detainees can ask for inquest

Ho Kit Yen

 | April 4, 2017

Inquests should be held if a detainee dies under suspicious circumstances, says Suhakam commissioner.

KUALA LUMPUR: Family members of detainees who die while in custody can seek an inquest to determine their cause of death.

Commissioner of the Human Rights Commission of Malaysia (Suhakam) Mah Weng Kwai said this was especially so in cases where custodial deaths occurred under suspicious circumstances.

“They can most certainly request (for an inquest) when there are some suspicions on how the person died and no action was taken over those allegedly responsible,” he said.

Mah was responding to questions on whether family members of detainees should seek inquests to determine the cause of death.

His remarks come in the wake of the announcement in Parliament yesterday by Deputy Prime Minister Ahmad Zahid Hamidi that over 280 custodial deaths were recorded from 2000 to 2016.

However, in Suhakam’s annual report released earlier today, the commission stated that custodial deaths in prison had increased to 269 in 2016, compared with 252 in 2015.

Suhakam said 35 deaths were recorded in immigration centres last year, compared with 82 in 2015.

 No information was available on deaths in police lock-ups in 2016, but there were 12 reported deaths in 2015. 

Mah, who is a former Court of Appeal judge, said it was up to the magistrate to decide if there was sufficient evidence on suspected deaths for an inquiry to be held.

“The magistrate, sitting as a coroner, needs to exercise his discretion if he wants to start an inquest,” he said.

Mah added that if the coroner could make a ruling and name the suspects involved in a detainee’s death in his verdict, the alleged assaulters could be prosecuted.

There have been three cases of custodial deaths reported since January.

On Jan 18, Soh Kai Chiok was found dead at the Bera police station.

On Feb 8, S Balamurugan was found dead in the North Klang police lock-up, while M Thanaseelan was found dead in his cell at the Bukit Sentosa lock-up in Hulu Selangor on Feb 25.

Suhakam and the Enforcement Agency Integrity Commission are probing the three deaths. - FMT News,

1.100 sentenced to death, 16 executed (2014 - February 2017) [Star, 27 March, 2017)

Monday, 27 March 2017 | MYT 3:40 PM

More than 1,100 people have received death sentence in Malaysia

by rahimy rahim

KUALA LUMPUR: More than 1,100 people have been convicted and sentenced to death by the courts up to Feb 21 this year, said Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi.

"Based on statistics from the Prison Department, as of Feb 21 this year, a total of 1,122 prisoners have been found guilty and sentenced to death by court," said Dr Ahmad Zahid, who is also the Home Minster in a written parliamentary reply.

His reply did not state from when these convictions took place.

He was responding to a question from Kasthuri Patto (DAP-Batu Kawan), who asked the Ministry to reveal the statistics of prisoners who have been sentenced to death according to background and cases as of Feb this year.

Ahmad Zahid said a total of 16 inmates - 14 Malaysian and two foreigners - had been executed between 2014 and Feb 21 this year.

"From the total, a total of 15 prisoners have been sentenced to death for murder while the other one was due to a crime involving firearms," said Dr Ahmad Zahid.

Last week, The Cabinet agreed to review the Dangerous Drugs Act 1952 to allow judges to use their discretion in sentencing offenders instead of imposing the mandatory death sentence.

 

Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said said the review will enable judges to mete suitable sentences in marginal cases where offenders could be given jail sentences.

Read more at http://www.thestar.com.my/news/nation/2017/03/27/total-death-penalty-1100-zahid/#jcrU7qTtExW6TZ8Z.99