Mkini: Do away with ‘cold-blooded’ death penalty, govt urged

Do away with ‘cold-blooded’ death penalty, govt urged

Feb 25, 05 3:22pm

The death penalty imposed on the murderer of Canny Ong Lay Kian is just as bad and unacceptable as the crime itself, said an anti-corporal punishment group in a statement today.

“(Her) murder was indisputably shocking and barbaric. However, the death penalty to the perpetrator is just as barbaric and amoral.

“The death penalty is a glaring instance of state amorality and cold-bloodedness at its worst,” said the newly-formed Malaysians Against Death Penalty and Torture (Madpet).

On Tuesday, the Shah Alam High Court sentenced 29-year-old aircraft cabin cleaner Ahmad Najib Aris to death by hanging for the rape and murder of the US-based IT analyst in 2003.

However, Madpet accused the state of being savage by imposing the death penalty as it “reiterates the very crime it seeks to mark as reprehensible and the solution it arrives at is thus inconsequent to the problem it addresses”.

“The state-sponsored extinguishing of human lives is not a solution to the problem of the crime,” said its coordinators N Surendran, Charles Hector and Salbiah Ahmad in the statement.

They argued that studies have consistently shown that there is no evidence that the death penalty effectively deters crime and furthermore, as the punishment is irreversible, the state runs the risk of executing innocent people.

“For example, since 1973, more than 100 condemned persons have been released in the US (United States) due to credible fresh evidence,” they added.

Malaysia has hanged 358 people over the past 24 years.

Suspend executions

Madpet claims that since 1976, at least three countries a year have abolished the death penalty and that as of today over half of the world’s nations have abolished the punishment.

“This worldwide trend towards abolition is reflected by the United Nations Human Rights Commission (UNHRC) resolutions calling for the suspension of all executions towards final abolition,” it added.

The UNHRC has, since 1997, passed a resolution calling on countries that have not abolished the death penalty to establish a moratorium on executions.

The latest UNHRC resolution which was adopted in April 2004, was co-sponsored by 76 UN member states and recorded its highest support figure.

Urging the Malaysian government to support the growing global stand against the death penalty, Madpet has called on it to immediately cease the “brutal punishment”.
“We call for a suspension of all executions pending abolition of the death penalty. We call for this in the name of humanity,” it added.

Madpet’s calls are in-tandem with those made by international rights organisations such as Amnesty International and the American Civil Liberties Union.

MADPET(24/2/05) ABOLISH THE DEATH PENALTY

ABOLISH THE DEATH PENALTY

The murder of Canny Ong was indisputably shocking and barbaric. However, the death penalty meted to the perpetrator is just as barbaric and amoral. The death penalty is a glaring instance of State amorality and cold-bloodedness at its worst.

Since 1976, every year at least 3 countries have abolished the death penalty and today over half of the countries of the world have abolished the death penalty. This worldwide trend towards abolition is reflected by the UN Human Rights Commission’s Resolution calling for the suspension of all executions towards final abolition.

The State-sponsored extinguishing of human lives is not a solution to the problem of crime. Studies have consistently shown that there is no evidence that the death penalty effectively deters crime. As this punishment is irreversible, we run the horrendous risk of executing innocent persons. For example since 1973, more than 100 condemned persons have been released in the US due to credible fresh evidence.

The infliction of the death penalty upon its citizens by the State, reduces it to the level of a savage. It reiterates the very crime which it seeks to mark as reprehensible and the solution it arrives at is thus inconsequent to the problem it addresses.

The statistics in Malaysia are shocking as 358 people have been hanged over the past 24 years.

We call for an immediate cessation of this brutal punishment.

We call for a suspension of all executions pending abolition of the death penalty.

We call for this in the name of Humanity.

N. Surendran
Charles Hector
Salbiah Ahmad

for Malaysians Against Death Penalty and Torture (MADPET)

24th February 2005

MADPET(19/2/05) STOP ABUSES OF POWER BY ENFORCEMENT OFFICERS

STOP ABUSE OF POWER BY ENFORCEMENT OFFICERS

We are sickened by news report that Simpang Rengam District Council enforcement officers entered a private premise and brutally killed a dog, the family pet, in front of the family. The helpless animal which was a beloved family pet of 6 children was killed with shocking cruelty. Siau Mau, as it was lovingly called by the children was shot and then bludgeoned to death.

We view with grave concern the increasing instances of enforcement officials who abuse their power and easily resort to the use of guns.

In a notorious incident in Penang in mid- January, Yeoh Yew Jin, a 19 year old alleged VCD seller was shot in the chest by enforcement personnel. The shot also injured a 52 year old innocent by-stander having his dinner at a nearby coffee shop.

Despite a public outcry following this incident, Prime Minister Abdullah Ahmad Badawi made a poorly reasoned decision to continue to allow enforcement officers to bear firearms.

His decision showed a disturbing lack of sensitivity to the interest and safety of the general public and is inconsistent with his professed people friendly and transparent administration.

We are further shocked that the Simpang Rengam District Council enforcement officers had abused their power by trespassing into a private citizens home and destroying private property.
We call upon the authorities to take swift and stern action against those involved in this shameful incident. There must be no hesitation to charge in court those guilty of wrongdoing for cruelty to an animal, criminal trespass and destruction of private property.

We also call upon the Prime Minister to re-consider his decision to allow enforcement officers to carry arms as it is not certain that they are able to bear this responsibility without endangering the Malaysian public.

N. Surendran
Charles Hector
for Malaysians Against Death Penalty and Torture (MADPET)

19th February 2005

Mkini - Gov't reveals execution statistics: 358 hanged in 24 years

Gov't reveals execution statistics: 358 hanged in 24 years

Feb 3, 05 8:56am

The government has revealed that it executed 358 people by hanging in the past 24 years, parliamentary opposition leader Lim Kit Siang said today.

Lim said he had received the statistics from Prime Minister Abdullah Ahmad Badawi, who is also Minister for Internal Security, in response to a written question submitted in parliament.

Figures for the number of executions in Malaysia have rarely been published, and media attempts to establish the number in recent years were rebuffed.

The death penalty is imposed in Malaysia for a number of offences from murder and treason to drug trafficking, for which it is mandatory.

Lim, who leads the biggest opposition party in parliament, the Democratic Action Party, said the prisons department had provided him with a statistical breakdown of just 234 of the hangings.

This showed that 50 foreign nationals were hanged, including seven from Thailand, eight from Hong Kong, 23 from the Philippines, four from Singapore, two from Indonesia and one each from Australia, Britain and Pakistan.

Forty-six of them were hanged for drug offences.

Of 184 Malaysian citizens executed, 48 were from the indigenous Malay majority, 102 were members of the ethnic Chinese minority and 15 were ethnic Indians. Most of the executions - 129 - were also for drug offences.

Five of the 234 people hanged were women.

12 hanged under ISA

Twelve of the executions were for offences under the Internal Security Act (ISA), all between 1984 and 1993. Lim told AFP he could not immediately account for the number of hangings for security offences in such a concentrated period.

The act, most widely known for the powers it gives the authorities to detain people without trial, also prescribes the mandatory death penalty for certain offences to be tried in court, including carrying firearms, ammunition or explosives "in any security area".

The ISA was introduced by former British colonisers to fight a communist insurgency in the 1950s, and has been used more recently to detain without trial more than 80 suspected Islamic militants.

The number of executions overall, according to the limited figures released by the prisons department, reached a peak of 31 in 1990 while just 15 had been hanged since 2000. None were executed last year, according to these statistics.

Lim said the period between the end of all appeals and the carrying out of the sentence varied from less than a year to more than four years.

- AFP

Mkini: Death penalty for killer rapists

Death penalty for killer rapists

Jan 29, 04 05:00am

Malaysia's cabinet, reacting to public outrage over the rape and murder of two 10-year-old girls, has given the go-ahead for the mandatory death sentence to be imposed on rapists who kill their victims.

The cabinet also agreed in principle to provide for life imprisonment and possibly public whipping for rape, particularly of children, local media reported today.

Amendments to the law will be put before the next sitting of parliament, de facto Law Minister Rais Yatim said.

At present rapists who cause the death of their victims need to be prosecuted separately for rape, which carries a maximum penalty of 20 years in jail, and for murder, which carries the death penalty.

"The cabinet views this as insufficient and feels that rape resulting in death must automatically carry the mandatory death sentence," Rais said. The death penalty in Malaysia is carried out by hanging.

The proposal to flog rapists in public would be studied further before any decision was taken, he said.


Gang rape

The government's soul-searching has been prompted by a public outcry over the rape and murder of two 10-year-old schoolgirls this month.

Nurul Huda Ghani was gang-raped by three men, sodomised and strangled near her home in Johor while on an errand for her mother to the grocery store.

A 47-year-old security guard has been sentenced to 20 years in jail and 24 lashes after admitting raping the girl. He will later face a murder charge. Another suspect is in custody and a third is being sought by police.

On Jan 8, Haserati Saridi was stabbed to death after being raped while walking to school in eastern Sabah state.

A 26-year-old man released from prison last month after serving a sentence for theft has pleaded guilty to raping her and will also face a murder charge. - AFP

Lawyers, accountants face death penalty in new terror law

Lawyers, accountants face death penalty in new terror law

Sep 10, 03 05:58am

Lawyers and accountants who provide financial services for terrorists could face the death penalty under proposed new legislation, local media reported today.

Amendments to the Penal Code submitted to parliament on Tuesday aim to punish not only terrorists but those who provide them with services or facilities, The Star newspaper said.

If terrorist acts result in death, then lawyers and accountants who helped the terrorists can be executed, the paper said. The death penalty in Malaysia is carried out by hanging.

Those who escape execution face jail terms of between seven and 30 years.

The proposed legislation also provides tough sentences of up to life imprisonment for anyone who harbours or interferes with the arrest of terrorists, recruits members into a terrorist group or provides them with explosives or facilities such as meeting places.

International convention

The amendments to the Penal Code "will enable Malaysia to accede to the International Convention for the Suppression of the Financing of Terrorism adopted by the general assembly of the United Nations on Dec 9,1999," the bill says.

Malaysia already has legislation allowing for indefinite detention without trial which it has used to round up more than 90 alleged Islamic militants over the past two years.

Many of the suspects are accused of being members of the Jemaah Islamiah (JI) terrorist network, a Southeast Asian group linked to Osama bin Laden's al-Qaeda.

JI has been blamed for a string of attacks in the region, including last October's Bali blasts which killed 202 people and the car bombing of the Marriott hotel in Jakarta last month in which 12 people died.

The United States last weekend listed 10 Malaysians as alleged members of JI and ordered a freeze of their financial assets.

Six of the 10 are already in detention while four others, including alleged master bomb-maker Azahari Husin, are on the run. - AFP

More object to death penalty for child rapists

More object to death penalty for child rapists

Susan Loone
Nov 16, 02 08:41am

More objections are pouring in over the proposed death penalty for child rapists which is likely to be accepted by the Cabinet soon.
Universiti Sains Malaysia associate professor Dr Rohana Ariffin, who is currently undertaking a project to profile rape perpetrators in prisons, said the proposed penalty was too “drastic” and may lead to adverse consequences for the victims.

For example, she said, due to the heavy penalty, rape perpetrators may decide to kill their victims to prevent themselves from being indentified.

Likewise, those who are related to the perpetrator, such as their father, brother or uncle, may refused to come forward to lodge a report for fear for sending the relative to the gallows.


“This will certainly place the victim in a much higher danger. There is no guarantee that the death penalty can reduce the crime rate, perpetrators may just decide to take the risk,” she told malaysiakini today when contacted in Penang.

“We should do this by stages. Impose heavier penalty, then see the results. If this doesn’t work, then we go to the next step,” said Rohana, who was a founder member of Penang Women’s Crisis Centre (now Women’s Centre for Change).

Counselling important

Rohana, whose profiling of the rape perpetrator project under Universiti Institute Teknologi Mara, will be conducted in Seremban, Melaka and Johor next year, stressed that counselling was an important aspect of understanding why such heinous crimes occur so that solutions could be found to counter them.

“We do not only need religious counselling, we need psychologists and psychiatrists to go into prisons to counsel the perpetrators or else we’ll never know why they commit such crimes nor will we know how to deal with this problem,” she added.

Her response came in the wake of a statement made by Minister in the Prime Minister’s Department Dr Rais Yatim’s on Friday that the Cabinet was expected to accept a proposal calling for the death penalty for child rapist.

Rais, who is de facto law minister, said the ministry had received feedback from many quarters including the National Unity and Social Development ministry pressing for the death sentence for such offences.

Women and Family Development Minister Shahrizat Abdul Jalil also supported the stiffer penalty, which she said “was what the public wanted”.

But some public sectors, including women’s groups and the Bar Council have rejected the idea, saying that they maintained their stand against the death penalty.

Effective prosecution

In a joint press statement prepared by Women’s Aid Organisation and endorsed by 29 non-governmental organisations, the groups urged the government to reconsider the proposal and focus on ensuring effective prosecution that will result in conviction of perpetrators.

Sisters In Islam, Protect and Save the Children Association of Selangor and Kuala Lumpur, Association of Registered Child Care Providers Malaysia, Malaysia Association of Kindergartens, Selangor and Federal Territory Association for Retarded Children are among the NGOs who opposed the move.

Bar Council president Mah Weng Kwai said the council will not support the move to impose the death penalty for statutory rape but will support other means of heavier penalty.

Mah said the penalty for statutory rape, where victims are below 16 years, should be stiffer and different from the penalty imposed on normal rapists as the offences were of different level.

Meanwhile, joining the fray of those who oppose the move, Gerakan Wanita chairperson Rhina Bhar urged the authorities not to be hasty in considering the death penalty.

Rhina said it would be more appropriate if the authorities consider increasing the limits of prison sentences and whipping.

Castration suggested

The current sentence in Section 376 of the Penal Code provides a jail term of not less than five years and not more than 20 years for rape perpetrators.

“It is appalling to note that in spite of courts meting out punishments time and again, young girls even toddlers, are raped,” she said in a press statement today.

“The current sentence could be amended to direct imprisonment with whipping and, or castration,” she added.

However, Rhina stressed that the punishment should apply to rapists in general as “rape is rape” whether it is committed against a toddler or a woman.

M'sia debates death sentence for child rapists

M'sia debates death sentence for child rapists

Nov 15, 02 03:01am

The cabinet is expected to accept a proposal calling for the death penalty for child rapists later this month, local media reported today.

"It is very likely that the proposal will be accepted," Minister in the Prime Minister's Department, Rasi Yatim, was quoted as saying by the New Straits Times.

The cabinet is scheduled to discuss the planned legislation in two weeks time.

The death-sentence proposal comes amid public outrage over the rape and murder of a two-year-old girl in Kedah two weeks ago.

The body of two-year-old Siti Nurliyana Shamimi was found in a river 500 metres from her parents' house.

Widespread support

Rais said there was widespread support for the the death sentence for child rapists, which was also backed by the Women and Family Development Ministry.

"Even if the young girl doesn't die as a result of her physical injuries, it amounts to the same thing. As such the strong calls to impose the death sentence ... will almost certainly be acknowledged by the government," The Star quoted Rais as saying.

However, some women's groups here have criticised the proposal, saying a death sentence would not address the issue and would only deter victims from making a police report.

Under existing laws, convicted rapists face a jail term of not less than five years and not more than 20 years, and the offenders are also liable to be whipped.— AFP

BANGKOK DECLARATION ON IRREGULAR MIGRATION

BANGKOK DECLARATION ON IRREGULAR MIGRATION

We. the Ministers and representatives of the Governments of Australia, Bangladesh, Brunei Darussalam, Cambodia, China, Indonesia, Japan, Republic of Korea, Lad DPR, Malaysia, Myanmar, New Zealand, Papua New Guinea, the Philippines, Singapore, Sri Lanka, Thailand, and Vietnam, as well as the Hong Kong Special Administrative Region (hereinafter referred to as "the participating countries and Region"), meeting at the invitation of the Royal Thai Government in Bangkok on 23 April 1999, on the occasion of the International Symposium on Migration, held on 21-23 April 1999, under the chairmanship of H.E. Bhichai Rattakul, Deputy Prime Minister of Thailand, to address the question of international migration, with particular attention to regional cooperation on irregular/undocumented migration:

1. Realizing that international migration is a complex phenomenon which is rooted in human history and is closely associated with social and economic aspirations of each country and region;
2. Recognizing that the process of globalization and liberalization, including the increasing interdependence of economies, has contributed to large flows of people in the Asia-Pacific region, thus providing both opportunity and challenge for governments in the region;
3. Noting that both the supply (push) factor and demand (pull) factor from concerned countries have led to the outflow of migrants from the countries of the region;
4. Being aware that international migration, particularly irregular migration, has increasingly become a major economic, social, humanitarian, political and security concern for a number of countries in the Asia-Pacific region;
5. Noting with concern that the ongoing financial and economic crisis in many Asian countries has led to rising unemployment and other social problems, and has had differing impacts on irregular migrants and on the countries of origin, transit and destination;
6. Noting further that the periodical natural disasters in some Asian countries badly affect their economies and lead to rising unemployment and irregular migration;
7. Gravely concerned by the increasing activities of transnational organized criminal groups and others that profit from smuggling of and trafficking in human beings, especially women and children, without regard to dangerous and inhumane conditions and in flagrant violation of domestic laws and international standards;
8. Underlining that comprehensive, coherent and effective policies on irregular/undocumented migration have to be formulated within the context of a broader regional framework based on a spirit of partnership and common understanding;
9. Noting that over 65 percent of the world’s poorest people live in the Asia-Pacific region, hence poverty and differences in level of development among countries in the region remain important causes of irregular migration;
10. Noting that there is a number of international conventions and instruments dealing with humanitarian issues relating to migration;
11. Respecting the sovereign rights and legitimate interests of each country to safeguard its borders and to develop and implement its own migration/immigration laws, and also recognizing the obligation of the country of origin to accept its nationals back, and the obligation of the countries of transit and destination to provide protection and assistance where appropriate, in accordance with their national laws;
12. Recognizing the important role and contribution of regional consultative mechanism, such as the Asia Pacific Consultations on Refugee, Displaced Persons, and Migrants, and the Manila Process, on issues relating to irregular migration;
13. Noting with appreciation the participation of countries from various regions, United Nations bodies and specialized agencies, intergovernmental organizations, as well as non-governmental organization, in sharing their views and experiences in dealing with migration issues;
14. Noting with appreciation the participation of countries from various regions, United Nations bodies and specialized agencies, intergovernmental organizations, as well as non-governmental organizations, in sharing their views and experiences in dealing with migration issues;
15. Noting also with appreciation the discussion papers prepared by the Institute for Population and Social Research, Mahidol University, and the International Organization for Migration (IOM), which provided useful points of discussion and recommendations for the management of irregular migration;
16. Acknowledging with gratitude the timely initiative of H.E. Dr. Surin Pitsuwan, Minister of Foreign Affairs of Thailand, the dynamic chairmanship of H.E. Bhichai Rattakul, Deputy Prime Minister of Thailand, as well as the excellent arrangements provided by the Royal Thai Government, with the valuable support of the IOM;

Declare as follows:

1. Migration, particularly irregular migration, should be addressed in a comprehensive and balanced manner, considering its causes, manifestations and effects, both positive and negative, in the countries of origin, transit and destination;
2. The orderly management of migration and addressing of irregular migration and trafficking will require the concerted efforts of countries concerned, whether bilaterally, regionally or otherwise, based on sound principles of equality, mutual understanding and respect;
3. Regular migration and irregular migration should not be considered in isolation from each other. In order to achieve the benefits of regular migration and reduce the costs of irregular migration, the capacity of countries to manage movement of people should be enhanced through information sharing and technical and financial assistance. In this context, UNITAR, UNFPA, and IOM, joint sponsors of the International Migration Policy and Law Course (IMPLC), are invited to hold, in the near future, a course for middle to senior government officials from the region;
4. A comprehensive analysis of the social, economic, political and security causes and consequences of irregular migration in the countries of origin, transit and destination should be further developed in order better to understand and manage migration;
5. As the causes of irregular migration are closely related to the issue of development, efforts should be made by the countries concerned to address all relevant factors, with a view to achieving sustained economic growth and sustainable development;
6. Countries of origin, a well as countries of transit and destination, are encouraged to reinforce their efforts to prevent and combat irregular migration by improving their domestic laws and measures, and by promoting educational and information activities for those purposes;
7. Donor countries, international organizations and NGOs are encouraged to continue assistance to developing countries, particularly the least-developed countries, in the region aimed at poverty reduction and social development as one means of reducing irregular migration;
8. The participating countries and region should be encouraged to pass legislation to criminalize smuggling of and trafficking in human beings, especially women and children, in all its forms and purposes, including as sources of cheap labor, and to cooperate as necessary in the prosecution and penalization of all offenders, especially international organized criminal groups;
9. The participating countries and Region should exchange information on migration legislation and procedures for analysis and review, with a view to increasing coordination to effectively combat migrant traffickers;
10. The countries of origin, transit and destination are encouraged to strengthen their channels of dialogue at appropriate levels, with a view to exchanging information and promoting cooperation for resolving the problem of illegal migration and trafficking in human beings;
11. Greater efforts should be made to raise awareness at all levels, including through public information campaigns and advocacy, of the adverse effects of migrant trafficking and related abuse, and of available assistance to victims;
12. Concerned countries, in accordance with their national laws and procedures, should enhance cooperation in ascertaining the identity of undocumented/illegal migrants who seemingly are their citizens, with a view to accelerating their readmission;
13. Timely return of those without right to enter and remain is an important strategy to reduce the attractiveness of trafficking. This can be achieved only through goodwill and full cooperation of countries concerned. Return should be performed in a humane and safe way;
14. Irregular migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled, according to law. Any unfair treatment toward them should be avoided;
15. The participating countries and Region should each designate and strengthen a national focal point to serve as a mechanism for bilateral, regional and/or multilateral consultations and cooperation on questions of international migration;
16. A feasibility study should be conducted on the need to establish a regional migration arrangement, linked to existing international bodies, to provide technical assistance, capacity building and policy support as well as to serve as an information bank on migration issues for the countries in the Asia-Pacific region. The countries in the region are meanwhile encouraged to utilized and strengthen the already existing bilateral and multilateral arrangements;
17. The participating countries and Region will follow-up on the above mentioned issues of irregular migration at the political and senior official levels in ways which may be deemed appropriate;
18. This documents shall be given the widest publicity and dissemination possible to encourage governments, non-governmental organizations, the private sector and civil society to join in a collective regional effort to alleviate the adverse effects of irregular migration and to prevent and combat trafficking of human beings, especially, women and children.

Bangkok, THAILAND

23 April 1999