Thursday, October 16, 2025

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 (MADPET)

 

Media Statement – 16/10/2025

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)

 

 

Wednesday, October 15, 2025

When a Malaysian Deputy Minister's word justifies Pannir Selvam's execution by Singapore - 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 (MADPET)

 

Media Statement – 15/10/2025

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’.

Pannir Selvam Pranthaman
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