MADPET is for the Abolition of Death Penalty, an end of torture and abuse of rights by the police, an end to death in custody, an end to police shoot to kill incidents, for greater safeguards to ensure a fair trial, for a right to one phone call and immediate access to a lawyer upon arrest, for the repeal of all laws that allow for detention without trial and an immediate release of all those who are under such draconian laws.
Ensure the
Right and Ability to Vote to about 100,000 Malaysians in Remand Detentions or
Detention in Prison, Police Lock-Ups and Other Places of Detention.
Postal
Ballot and Early Voting Mechanisms are options Election Commission can use to
ensure the democratic right to vote is not denied
As the Sabah State Elections draw
near, MADPET (Malaysians Against Death Penalty and Torture) calls for the right
of prisoners, especially the about 30,000 remand prisoners who have not yet
been tried and convicted, be accorded the RIGHT and the ability to VOTE
immediately.
These remand persons are PRESUMED
INNOCENT until they are tried and convicted, and thus should not be denied the
right of a Malaysian citizen to vote in elections.
Remand prisoners are those who
could not afford Bail by reason of poverty, denied Bail by draconian
laws like SOSMA[Security Offences (Special Measures) Act 2012] and other laws
like the DDA[Dangerous Drugs Act 1952], or by other reasons like denial of bail
because the Court believed there was the risk of absconding or tampering with
evidence.
Besides remand prisoners/detainees,
should not the right and ability to vote also be guaranteed for all convicted
prisoners serving their prison sentences.
POSTAL VOTING and/or
EARLY VOTING a reasonable option
Reasonably, the Election Commission
should facilitate so that they could vote by POSTAL VOTE, which is now
available for Malaysians who are overseas or could not physically turn up at
voting centers physically to cast their votes physically. This is also
considering that many Malaysians do still vote not in the place they are
currently residing or working.
The other option is EARLY VOTING,
which is provided for police, members of the armed forces and those assisting
in the election process on voting days.
This right to VOTE should also be
accorded to those held in remand in police lock-ups and other detention
places of Malaysian law enforcement.
The RIGHT to Stand
For Elections
It should also be considered
whether remand prisoners, and maybe even convicted prisoners, should also be
accorded the right to stand for elections to become Members of Parliament or a
State Assemblyperson.
The State could abuse its power by
detaining potential contenders in elections, and that right to stand for
elections even when detained in police lock-ups or as remand prisoners on the
nomination date will make Malaysia more democratic.
After all, it is the people who
vote, and if they so choose to vote for a person in detention, including even a
convicted person, the people’s right and choice ought to be respected. Even
former Prime Minister Najib Razak, now serving his prison sentence, should
really be accorded the right to stand for elections if he so desires. Ultimately,
the people decide.
In these modern times, it is still
possible for an incarcerated MP or ADUN to participate in Parliamentary and
State Legislative Proceedings – so, why deny them the right to stand for
elections? After all, it is the people that decide who they want to be their
peoples’ representative in a democracy.
Proactive action by Election
Commission Needed to Ensure Exercise of the Right to Vote
If
in prison or other places of Detention, it is difficult for them to get access
to the needed forms that need to be filled, posted, etc – thus it is all up to
the Election Commission to ensure that they get their right to vote.
More than 100,000
denied right to Vote?
At present, it seems that the right
to vote is being denied to maybe about 30,000 remand prisoners in Malaysian
prisons, and more than 85,000 in total in Malaysian prisons (NST,
7/11/2024).
There is an even higher number, if
we take into account remand detainees in police lock-ups and other remand
detention facilities of other law enforcement facilities who are denied the
right and ability to vote on voting day by reason of being detained for the
purpose of investigation in State detention facilities, and this number could
be in excess of 10,000 at least. A few votes can change the outcome of some
elections.
Right to Vote to
Those in Detention Will Improve Detention Conditions?
One thing good that will happen is
that more politicians and potential candidates would reasonably pay more
attention prisons, lock-ups and the prison overcrowding issues, as they need to
woo support from those in detention and their families.
According to data shared by the
department, prison facilities are currently housing 87,419 inmates, exceeding
their total capacity of 74,146 by 11.24 per cent.With the
current incarceration rate, the department reported a ratio of 245 inmates per
100,000 residents, compared to the global average of 145 per 100,000 residents…Out
of 43 prisons in the country, 19 are operating at more than 20 per cent above
capacity, particularly those located in major urban areas.
Hence, MADPET
calls for an end of the denial of the Right and Ability to Vote for Malaysians
in State Detention Facilities. They may not be able to physically
be able to go to the various voting centers to cast their votes, but they will
be able to vote by Postal Ballot and/or through Early Voting, and the Malaysian
Election Commission and the Malaysian Government shall do all that is necessary
to end the deprivation of the exercise of the right to vote by these possibly above 100,000
Malaysians.
No Malaysian should be denied the
right to vote in Malaysian State or General Elections, and for those facing
difficulty in exercising this right, the responsibility falls on the Election
Commission and the Malaysian government to ensure that the ability to exercise
this right to vote in ensured.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and
Torture)
Malaysia’s Failure to Protect Life of
needed Witness like Pannir Selvam and others needed for successful prosecution
of related Drug Traffickers still in Malaysia
Deputy Home Minister Shamsul Anuar
Nasarah must be investigated for actions that may have ‘justified’ Singapore to
proceed with execution, undermined the possibility of prosecuting other related
drug traffickers in Malaysia, and Malaysia’s efforts to save Pannir’s life
When Malaysia, vide a Deputy
Minister, allegedly said that it is ‘useless’(or “of no operational value”) to
keep a Malaysian at risk of being executed in Singapore, it was totally unjust,
wrong and also contrary to Malaysia’s own position on a moratorium on execution
pending abolition of death penalty, and the obligation to act against the crime
of drug trafficking; and, most importantly, Malaysia’s duty to protect the
lives of Malaysians.
Worse, when the Minister revealed
that no investigation papers were opened, and the matter was not even referred
to the Public Prosecutor. It the Public Prosecutor who should have decided
whether it is important to keep such a possible material witness alive or not
and whether to commence investigations on persons whose names were provided by
Pannir.
Pannir Selvam, a convicted drug
trafficker, was executed in Singapore on 8/10/2025.
Malaysia, as such, lost a crucial
witness that would be needed to identify and prosecute others involved in
the crime of drug trafficking, including also the person/s who gave or asked(or
compelled) Pannir to ‘smuggle’ the drugs into Singapore from Malaysia.
The wrong of the Deputy
Minister – Did Malaysia just say ‘OK’ to the killing of Pannir?
On the afternoon of Oct 7, 2025,
before Pannir was executed and before the Court of Appeal gave its final decision
whether to stay the execution or not, Deputy Home Minister Shamsul Anuar
Nasarah made a statement in Dewan Rakyat claiming that the information
recently provided by Pannir Selvam Pranthaman to Malaysian police was “of no
operational value”.He said police
interviewed Pannir for about four hours on Sept 27. “The information provided
by the subject had no operational value for the
police to conduct further investigations,”
he said in a special chamber session in Parliament. He said police had earlier
investigated three people named by Pannir and his family but found no link. “The
ministry found there was no room to pursue the case further.”… Shamsul
said as no investigation paper was opened, no referral was therefore made.
“Referral to the DPP is made only after an investigation paper is opened and
arrests or seizures have been made.”(FMT, 7/10/2025).
It is NOT for the police or the
Minister to decide whether the evidence provided warrants further
investigation; or whether it be best for Pannir (a potential witness) to be
kept alive - it is the Public Prosecutor. It is the Public Prosecutor and NOT
the Minister to decide whether there is operational value for the police to
conduct further investigations. Police investigate and send the
investigation paper/evidence to the Public Prosecutor – who decide then whether
further investigation needed or not. In this case, the investigations are
against other suspects in Malaysia, and maybe also Pannir for crimes committed
in Malaysia.
Here, there was a material failure
in the administration of justice, when now a crucial witness has been
executed because of the action/omission/negligence of the Minister and/or
the police. Were investigation papers even opened against the 3 that were
previously named and/or identified by Pannir?
This are unforgivable material
failures that resulted in a Malaysian, who may be a necessary witness, to be
hanged to death, and MADPET (Malaysians Against Death Penalty and
Torture) demands the removal of Deputy Home Minister Shamsul Anuar Nasarah, who
negligently or intentionally made a disturbing statement on 7/10/2025 knowing
that it could also prejudice the Singapore Court of Appeal’s decision was
pending that could have stayed the execution, and even Singapore’s decision to
halt execution in response to Malaysia’s request.
Additionally, MADPET calls for a
thorough investigation with a view of prosecuting or taking action against all
that did wrong, who may be considered also ‘accomplices’ in the murder or
killing of Pannir by Singapore including the said Deputy Minister.
Is Malaysia protecting
other criminals in Malaysia?
Was Malaysia’s failure to keep alive
Malaysian drug traffickers, who most likely was just a mule, a failure of the
government to protect the life of a citizen, and also an act of support or
acquiescence by the Government to protect other ‘criminals’ involved in the
crime of drug trafficking in Malaysia.
Even for murder, the focus should not
only be on who actually killed the victim, but also identifying and prosecuting
all other accomplices, including those who may have paid or ordered the
killing.
In the Altantuya Shaariibuu’s murder
case, where the victim was blown up using C4 explosives – what is the progress
of the investigation to identify who and how the C4 was obtained by the
perpetrators?
Was Pannir or others
hanged in Singapore victims of Human Trafficking?
In the case of Mary Jane Veloso, the
Philippines government acted and proved that she was most likely a victim of
human trafficking, and that would have reasonably been a consideration that
Indonesia may have taken into account, when they decided to stop execution, and
repatriate her back to Philippines alive.
The principle of Non-Liability and
Non-Punishment for Crimes Committed by Victims of Human Trafficking has
been accepted by many jurisdictions, including by ASEAN and even by Malaysia.
Did Malaysia even investigate this
aspect, to use it as a possible reason that they may be victims of human
trafficking and as such a valid reason as to why Singapore should not execute
Pannir and other Malaysian ‘drug-traffickers’?
ASEAN Convention Against Trafficking
in Persons, Especially Women and Children, which was adopted in Kuala Lumpur,
Malaysia on 21/11/2015 clearly states in Article 14(7) that ‘Each Party shall,
subject to its domestic laws, rules, regulations and policies, and in
appropriate cases, consider not holding victims of trafficking in persons
criminally or administratively liable, for unlawful acts committed by them, if
such acts are directly related to the acts of trafficking.’
Trafficking victims are forced or
otherwise compelled by traffickers to commit crimes or other illegal conducts including
involvement in the sex trade, involvement in drug production or trafficking,
petty crime, possession or the use of fraudulent documents or entering another
country in a manner that does not comply with its immigration laws and other
crimes.
Did Malaysia even investigate this
aspect when Malaysians are at risk of being executed?
Against Malaysian
Position – Moratorium on Execution
Malaysia now has already abolished
the mandatory death penalty, and had adopted a moratorium on all execution
pending the abolition of death penalty, a position that is supported by
more than two third of United Nations member States, which reasonably Singapore,
being a UN member State, should also follow.
Malaysia voted in favour of the 2024
UN General Assembly (UNGA) resolution calling for a moratorium on executions.
The resolution passed with 130 member states voting in favour, 32 against, and
22 abstaining. Malaysia voted in favour of this moratorium consistently since
2018.
Certificate of
Substantive Assistance – God-like Powers of the Public Prosecutor
In Singapore, who still disappointingly
has the mandatory death penalty for drug trafficking, there is only one
way which the convicted drug trafficker can escape death, and that is
if the Singapore Public Prosecutor issues a Certificate stating that that
the accused has substantively assisted the Central Narcotics Bureau in
disrupting drug trafficking activities within and/or outside Singapore –
Certificate of Substantial Assistance.
This is absolutely UNJUST, as any
convicted can only provide assistance within his/her knowledge or capacity
only, And, that must be enough to send him to prison, rather than to his death.
In Singapore, the Public Prosecutor
has God-like Powers to decide whether the convicted lives or dies, and this is
not right – it should be the Court that decides whether the convicted has given
assistance (not substantive assistance) within his/her capacity or not, and, if
so then sentence him to imprisonment rather than death.
Sadly, the Malaysian Deputy
Minister’s statement inadvertently supports the Singapore Public Prosecutor’s
non-issuance of the Certificate of Substantive Assistance, hence denying
Pannir the right to be sentenced to imprisonment – and justifying his
execution.
Malaysia should stand
by its declared principles and oppose any Country’s violation of these
principles
The argument that Malaysia must
respect laws of countries is flawed, as Malaysia must condemn and not recognize
laws that are inconsistent with Malaysia’s own laws and principles.
The arrest (or kidnapping), detention
and actions against Malaysians involved in the Global Sumud Flotilla may be in
accordance with Israeli law, but Malaysia must condemn it as wrong and illegal.
Likewise, Malaysia should not respect any Singaporean law that are inconsistent
with Malaysia’s laws and principles - Malaysia must oppose any country that
continues to execute people, or any laws that provide for mandatory death
penalty to be consistent with our stance on moratorium on executions.
Pannir was the fourth Malaysian to be
executed this year in Singapore, and there are still about 10 Malaysians in
Singapore’s death row.
MADPET calls on Malaysia to do all
that is needed to ensure that no more Malaysians to be executed by any country.
MADPET also calls on Malaysia to work
towards an Extradition Treaty with Singapore (and
other nations where Malaysians are at risk of being executed) which will
facilitate the repatriation of such prisoners at risk of execution to Malaysia
to save Malaysian lives. Singapore has extradition treaties with other countries like
Australia but not Malaysia;
As Malaysia executed all efforts to
facilitate the release of those Malaysians wrongly detained by Isreal, MADPET
prays that exercise similar or more effort to at least save the lives of ALL Malaysians
at risk of being executed in other countries, especially ASEAN member States
like Singapore.
Charles
Hector
For and on
behalf of MADPET(Malaysians Against Death Penalty and Torture)
No new probe despite cops’ interview with Pannir, says home ministry
Deputy
home minister Shamsul Anuar Nasarah says the information provided by
the Malaysian who is on death row in Singapore has no ‘operational
value’.
P
Pannir Selvam, 36, is set to be executed in Singapore tomorrow for
trafficking in 51.84g of diamorphine through the Woodlands checkpoint in
2014. (Facebook pic)
KUALA LUMPUR:
The home ministry has confirmed there is no new investigation following
the Malaysian police’s interview with death row inmate P Pannir Selvam
at Changi prison, in Singapore, last month.
Deputy home minister Shamsul Anuar Nasarah said police interviewed Pannir for about four hours on Sept 27.
“The information provided by the subject
had no operational value for the police to conduct further
investigations,” he said in a special chamber session in Parliament.He said police had earlier investigated three people named by Pannir and his family but found no link.
“The ministry found there was no room to pursue the case further.”
Shamsul said Malaysia respected
Singapore’s laws and that its courts had found drugs taped to Pannir’s
leg and hidden in his motorcycle, showing he was not just a courier.
Ramkarpal Singh (PH-Bukit Gelugor), who
moved a motion on Pannir’s incarceration and death sentence, pressed
Shamsul to confirm if police had sent the case to the public prosecutor
and whether a decision was made or it was declared as “no further
action” (NFA).
Shamsul said as no investigation paper was opened, no referral was therefore made.
“Referral to the DPP is made only after an investigation paper is opened and arrests or seizures have been made.”
Ramkarpal then questioned the purpose of taking Pannir’s statement on Sept 27 if it did not result in an investigation.
Shamsul reiterated that the information provided by Pannir had no operational value.
“There is no room to continue.”
Pannir, 36, is set to be executed in
Singapore tomorrow for trafficking in 51.84g of diamorphine through the
Woodlands checkpoint in 2014.
In a statement, lawyer N Surendren said
Pannir’s family would challenge the government’s decision not to carry
out further investigations on information provided by Pannir.
He said Shamsul’s statement was contrary to the information within the family’s possession.
“We have now been given instructions by
Pannir’s family to immediately commence a legal suit against the
government for its failure to carry out further investigations in this
matter.
“In light of the information that has
been provided by Pannir Selvam, he’s entitled to a stay of execution to
enable him to obtain a certificate of substantive assistance from the
Singapore authorities to enable his death sentence to be commuted to
imprisonment.” FMT, 7/10/2025
