Malaysia should join the global trend & move towards abolition of death penalty...

What is wonderful is that there is growing global trend towards the abolition of the death penalty, and the UN General Assembly resolution over the last few years have seen more and more countries in favour of abolition, and less and less countries voting against.

Good news also is that Malaysia is reviewing the usage of the death penalty - and we all can pray and hope that they will opt in favour of abolition. The first step would be for the provision of alternative sentences that judges could resort to for offences that now only provide 1 mandatory sentence, i.e. the death penalty. The giving of life and the ending of life should not a matter dictated by people and/or their governments. In the modern world, when there is options available - i.e. life imprisonment which would extend to death, etc - there is really no more reason to resort to the death penalty. Given the possibility of errors, it is far better the save the life of a guilty person, than to put to death an innocent person.

The Government has no plans at the moment to abolish the death sentence but will listen to views from all parties who are against capital punishment, said Deputy Minister in the Prime Minister's Department Datuk V.K. Liew.

"Suggestions will be given consideration from all aspects. In-depth study will be done, as abolishing the death peanlty would have a great impact on the judicial system of the country," he told Datuk Seri Mohd Radzi Sheikh (BN-Kangar) during question time in Parliament Wednesday.Star, 1/12/2010, No plans to abolish death sentence, but Govt willing to hear views [Wondering what PKR's and PAS's position is on the Death Penalty - they should call for its abolition.]

 

22/12/2010 :- The 2010 , the United Nations General Assembly resolution in favour of a universal moratorium on the death penalty : 108 countries voted in favour, with 41 against and 36 abstentions.

2008 resolution on a moratorium on the use of the death penalty was adopted,on December 18, 2008,  by a recorded vote of 106 in favour to46 against, with 34 abstentions

2007 resolution on a moratorium on the use of the death penalty (document A/62/439/Add.2) was adopted, on adopted, on December 18, 2007, ;by a recorded vote of 104 in favour to 54 against, with 29 abstentions

NEW RESOLUTION APPROVED BY THE UN. THE PRO MORATORIUM FRONT GROWS

December 22, 2010: The United Nations General Assembly yesterday approved a new resolution in favour of a universal moratorium on the death penalty. It is the third time after the historic resolution approved in December 2007 and then again in December 2008.

108 countries voted in favour, with 41 against and 36 abstentions (another 7 countries were absent at the time of the vote). It recorded a decisive step forward compared to 2007 when in a plenary assembly the votes in favour were 104, with 54 against and 29 abstentions (with 5 absent at the time of the vote). 

Another step forward was taken also in respect to the second vote on the pro moratorium Resolution in December 2008 when there were 105 in favour, 47 against and 34 abstentions (6 were absent at the time of the vote).

The most significant political data regarding the favourable is that of 6 countries that in 2008 voted against (Kiribati, the Maldives and Mongolia) or abstained (Bhutan, Guatemala and Togo) or the abstentions of 4 countries (Comoros, Nigeria, the Solomon Islands and Thailand) that in 2008 voted against. 

The number of cosponsors of the Resolution also increased, 90 in total, three doing so for the first time: Cambodia, Russia and Madagascar. 

The only new part of the text of the Resolution concerns the request – in part contained in the 2007 text – directing the member states to ‘make information available relevant to the use of the death penalty to allow an informed and transparent national debate.' 

“The new vote at the UN in favour of the moratorium records the positive evolution happening for more than ten around the world towards the end of the State-Cain and the ending of the fake and archaic principle of an eye for an eye,” Hands Off Cain secretary Sergio D’Elia said. 

Malaysia considering abolition of the death penalty - send in your views

The good news is that Malaysian government is considering their position on the death penalty - and they are listening to views. This is the time for Malaysians and others to communicate their views to the Malaysian government in support of abolition of the death penalty.

KUALA LUMPUR: The Government has no plans at the moment to abolish the death sentence but will listen to views from all parties who are against capital punishment, said Deputy Minister in the Prime Minister's Department Datuk V.K. Liew.

"Suggestions will be given consideration from all aspects. In-depth study will be done, as abolishing the death peanlty would have a great impact on the judicial system of the country," he told Datuk Seri Mohd Radzi Sheikh (BN-Kangar) during question time in Parliament Wednesday.

The abolishment of capital punishment would involve amendments to various criminal laws, he added.

Liew said in the past 10 years, nine prisoners convicted of murder had been executed.

"From 2000 to 2010, a total of 1,601 murder cases were registered with the High Court. After going through appeal, a total of 47 cases were upheld at the Federal Court," he said.

The rest of those on death row were still waiting for the final outcome of the Pardons Board, he added.

Mohd Radzi also said imposing the death sentence by hanging may no longer be suitable and suggested lethal injection instead.

Liew said the Government would take into consideration Mohd Radzi's suggestion.

To another question by Karpal Singh (DAP-Bukit Gelugor), who described the death penalty as cruel and unjust and asked for alternatives such as life imprisonment, Liew said there was no alternative at the moment.

"Those convicted have committed serious crime - murder," he said.- Star, 1/12/2010, No plans to abolish death sentence, but Govt willing to hear views

Support grows at U.N. for death penalty halt - 3rd UN General Assembly Resolution - 2010

Nov 11 (Reuters Legal) - A U.N. General Assembly committee issued a resolution calling for a moratorium on the death penalty on Thursday, while the United States joined China, Iran, Sudan, Saudi Arabia and others in opposing the measure.

A vote on the issue took place in the Assembly's Third Committee, a body composed of all 192 U.N. member states that addresses human rights and humanitarian issues. 107 countries supported the nonbinding resolution while 38 other countries opposed it and another 36 abstained. The General Assembly is expected to formally adopt the resolution this December.

"Support for the moratorium has gained ground and the effort was from across the board regionally," said Jose Luis Diaz, who is Amnesty International's representative to the U.N.

Diaz, whose organisation campaigns in favour of the moratorium, said that five countries have changed their position to support the measure since a similar vote took place in 2007. He also noted that a handful of other countries, including Afghanistan and Thailand, chose to abstain rather than vote no as they did last time.
Other opponents to the measure who include Egypt, Singapore and Myanmar typically invoke state sovereignty to defend their position, according to Diaz.

"They point to the laws on their books. To hear them tell it, this is a criminal justice matter, an internal matter that is not a human rights issue."

Singapore introduced one of three amendments to the draft resolution before the vote, aimed at softening the language. The amendment proposed adding that the General Assembly "reaffirms the sovereign right of all countries to develop their own legal systems."

The U.S. delegation voted in favour of the Singaporean amendment, which failed to win sufficient support to be included in the final version.

An Egyptian delegate told the assembly the United Nations should focus on "due process rather than abolition," sentiments echoed by the U.S. delegate.

The European Union was the driving force behind the resolution, although there were African, Asian and Latin American states that signed on as co-sponsors. Panama, Paraguay, Philippines, East Timor, Rwanda, Mozambique and Russia were among the resolution's sponsors and also voted for it.

The U.N. resolution is titled "Moratorium on the use of the death penalty" and is referenced as document A/C.3/65/L.23/Rev.1.

(Reporting by Louis Charbonneau of Reuters; Additional reporting by Jeff Roberts of Reuters Legal) - Reuters, 12/11/2010, Support grows at U.N. for death penalty halt, U.S. opposed

Police admits shooting and killing 170 persons in 2008-2009..

Recently, in a court case, a police officer giving evidence under oath revealed the following..

* In the past 10 years, the police shot dead 263 persons

* The breakdown is as follows -  2000(9), 2001 (5), 2002 (27), 2003 (17), 2004 (13), 2005 (9), 2007 (13), 2008 (82) and 2009 (88).

### Was there no one that were shot and killed by the police in 2006? I have doubts as to the completeness of the data given and/or reported.

### Note also the sudden increase that happens in 2008 onwards...this is shocking. Has there been a change in police policy that has resulted in more persons being shot dead? Do the police no longer believe in rule of law and due process?

KUALA LUMPUR: Polis mengaku menembak mati 263 orang dalam tempoh 10 tahun dengan bilangan tertinggi dicatat pada dua tahun terahir ini – melebihi separuh dari keseluruhan kematian.

Sembilan individu ditembak mati pada 2000, 2001 (lima), 2002 (27), 2003 (17), 2004 (13), 2005 (sembilan), 2007 (13), 2008 (82) dan 2009 (88).

Statistik itu berdasarkan kenyataan seorang pegawai polis Bukit Aman ketika memberi keterangan dalam satu prosiding mahkamah melibatkan kes hasutan.

Tentunya, Aminulrashid, remaja berusia 15 yang mati ditembak polis pada 26 April lalu, adalah antara 88 individu yang dikategori polis sebagai ‘penjenayah’.

Selain Aminulrashid, Mohd Shamil Hafiz Shafie, 16, Mohd Khairul Nizam Tuah, 20, dan Mohd Hanafi Omar yang dilabel polis sebagai ‘Geng Minyak’, juga tergolong dalam mangsa tembakan polis.

Mengikut kenyataan media Peguam Untuk Kebebasan (LFL) hari ini, angka pada statistik itu sebagai mengejutkan dan menimbulkan tanda tanya sama ada polis mematuhi prosedur melepaskan tembakan.

Menyifatkan angka itu membawa kesimpulan yang polis kerap melepas tembakan sewenang-wenangnya, LFL juga tertanya-tanya hasil siasatan panel khas yang ditubuh Kementerian Dalam Negeri dalam kes melibatkan Aminulrashid.

LFL juga mengulangi gesaan supaya Suruhanjaya Diraja ditubuh bagi menjalankan siasatan terhadap semua kes tembak mati dalam tempoh 10 tahun. - - Keadilan Daily, 29/11/2010, 170 orang mati ditembak polis dalam dua tahun

SUHAKAM should not say that there is no HR violations without due inquiry

Suhakam must really not state that there have been no human rights violations with an open inquiry especially when there has been a complaint that there has been torture or some other human rights violations.

If newspaper reports give the wrong impression of what was said, then SUHAKAM need to immediately correct any mis-reporting. A statement could also be posted in SUHAKAM's website. 

SUHAKAM should stop defending human rights violators

02/12/2010

Press Release:

Lawyers for Liberty is astonished and appalled by SUHAKAM commissioner Detta Samen claiming that ex-RMAF airman N.Tharmendran has been treated well in detention by the Air Force (Suhakam visits ex-airman, says he is well-treated, Bernama, 1.12.10). What did this SUHAKAM commissioner expect Tharmendran to say, considering that he is currently in the custody and at the mercy of the Air Force?

Whilst SUHAKAM now leaps to the defence of the RMAF, it has taken no note of the terrible torture suffered by Tharmendran and many other Air Force personnel during the investigations into the loss of two fighter jet engines. Neither has SUHAKAM shown any interest in investigating Tharmendran’s complaint that he is now being unlawfully held by the air force in breach of his fundamental rights. The high-handed manner of his arrest outside the Shah Alam High Court on 25.11.2010 has also evoked no response from SUHAKAM.

Why is SUHAKAM so eager to exonerate the Air Force in this instance, whereas they appear unconcerned by the numerous human rights breaches committed by the Air Force? SUHAKAM’s conduct in this case shows that they are more interested in whitewashing the misconduct of the authorities, than in defending victims of human rights violations.

It is beyond dispute that the fight against human rights abuses in this country has been vigorously pursued by NGOs, civil society and the political opposition. SUHAKAM, although statutorily established and managed, has over the years shown itself to be ineffective, purposeless, timid, compliant and compromising. SUHAKAM, which is paid for by Malaysian tax-payers, has abdicated its duties and betrayed the public trust. The very existence of SUHAKAM has become a convenient fig-leaf for the authorities to pretend that human rights is prioritised and protected in this country.

 

We call for this charade to be ended, and for SUHAKAM to be dissolved and disbanded immediately. They are of no assistance to the Malaysian public.

Released by:

LAWYERS FOR LIBERTY