Chandran Paskaran was almost hanged to death in Malaysia on 7/2/2014 - but this time, we found out about this just before the carrying out of the death penalty, and many acted swiftly pleading for a stop of the hanging. And, the Sultan of Johor responded and ordered a stay of execution ...
Yes, the Sultan and the King do have the power to stay execution and even commute death sentences... until Malaysia formally abolishes the death penalty ...and the mandatory death penalty from its laws. Mandatory death penalty gives judges no choice but to sentence persons to death when they are found guilty of the offence - irrespective of the circumstances, and as such the first to go must be the mandatory death penalty returning to judges the discretion when it comes to sentencing. But more importantly, death penalty itself must be abolished...
Sultan intervenes, inmate escapes gallows
Chandran Paskaran was scheduled to be
executed today. But his death sentence has been postponed following
intervention from the Sultan of Johor.
According to his brother Thamotharan, the order came late last night.
"Our family is extremely happy with the news received at the last hour. Our deepest gratitude goes to the Sultan for intervening at the last moment," he was quoted as saying by online news portal Free Malaysia Today.
Chandran was convicted for a murder in 2003 and sentenced to death by the Johor Baru High Court in 2008.
However, Amnesty International Malaysia executive director Shamini Darshni said Chandran's life was still at risk and urged that his sentence be commuted immediately, as well as that of other death row inmates.
"We urge the Malaysian government to immediately halt all plans for executions, commute existing death sentences and put in place a moratorium on the use of the death penalty as a first step towards abolition," she added in a statement today.
Echoing Sahmini's statement, Human Rights Watch Asia division deputy director Phil Robertson said: "The Malaysian government should recognise that the death penalty is an irreversible, inherently cruel and unusual punishment that should be done away with once and for all."
"If Malaysia made a decision to abolish the death penalty, this would be greeted with significant support and applause at Malaysia's upcoming session at the UN Human Rights Council to discuss the results of last year's Universal Periodic Review session for the country," he added in a separate statement.
Meanwhile, the Malaysian Bar also welcomed the sultan's decision to spare Chandran’s life, and commended the prime minister and his government for their role in the matter.
Bar Council president Christopher Leong urged the government to now move ahead with its stated aim, since 2010, to relook at the the mandatory death penalty, with a view to its possible abolition or the reintroduction of a discretionary death penalty.
“The Malaysian Bar reiterates its proposal to the Malaysian government to abolish the death penalty without delay. Those who have been sentenced with the mandatory death penalty should all be resentenced,” Leong said in a statement.
He noted that the matter was already under review by the Attorney-General’s Chambers. -Malaysiakini, 7/2/2014, Sultan intervenes, inmate escapes gallows
According to his brother Thamotharan, the order came late last night.
"Our family is extremely happy with the news received at the last hour. Our deepest gratitude goes to the Sultan for intervening at the last moment," he was quoted as saying by online news portal Free Malaysia Today.
Chandran was convicted for a murder in 2003 and sentenced to death by the Johor Baru High Court in 2008.
However, Amnesty International Malaysia executive director Shamini Darshni said Chandran's life was still at risk and urged that his sentence be commuted immediately, as well as that of other death row inmates.
"We urge the Malaysian government to immediately halt all plans for executions, commute existing death sentences and put in place a moratorium on the use of the death penalty as a first step towards abolition," she added in a statement today.
Echoing Sahmini's statement, Human Rights Watch Asia division deputy director Phil Robertson said: "The Malaysian government should recognise that the death penalty is an irreversible, inherently cruel and unusual punishment that should be done away with once and for all."
"If Malaysia made a decision to abolish the death penalty, this would be greeted with significant support and applause at Malaysia's upcoming session at the UN Human Rights Council to discuss the results of last year's Universal Periodic Review session for the country," he added in a separate statement.
Meanwhile, the Malaysian Bar also welcomed the sultan's decision to spare Chandran’s life, and commended the prime minister and his government for their role in the matter.
Bar Council president Christopher Leong urged the government to now move ahead with its stated aim, since 2010, to relook at the the mandatory death penalty, with a view to its possible abolition or the reintroduction of a discretionary death penalty.
“The Malaysian Bar reiterates its proposal to the Malaysian government to abolish the death penalty without delay. Those who have been sentenced with the mandatory death penalty should all be resentenced,” Leong said in a statement.
He noted that the matter was already under review by the Attorney-General’s Chambers. -Malaysiakini, 7/2/2014, Sultan intervenes, inmate escapes gallows
| Press Release | The Malaysian Bar Welcomes Show of Mercy in Stay of Execution of Death Sentence |
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| Friday, 07 February 2014 05:17pm | |
 The
Malaysian Bar is heartened by, and welcomes, the show of compassion and
the swift intervention of the Duli Yang Maha Mulia Sultan of Johore,
which resulted in the stay of execution of the death sentence on
Chandran s/o Paskaran, scheduled for today.
The Bar also welcomes the chorus of voices of civil society actors that called for the execution to be stayed.
In
addition, the Bar commends the Prime Minister and his Government for
their role in this matter. The Bar notes that the Malaysian Government
has since 2010 announced its willingness to relook at the mandatory
death penalty, with a view to its possible abolition or the
reintroduction of a discretionary death penalty.
At
an event entitled “Dialogue with Members of Parliament on the
Reintroduction of Discretionary Sentencing for Capital Punishment” held
at Parliament on 14 November 2013, the Government and the Attorney
General’s Chambers informed those present that they were in the midst of
reviewing the mandatory death penalty.
In
light of such review, the authorities and the Government should, in the
interests of justice, impose an immediate official moratorium on any
and all executions of the death sentence.
The
Malaysian Bar is of the view that the death penalty should be
abolished, as every individual has an inherent right to life. This
right is absolute, universal and inalienable, irrespective of any crimes
that may have been committed. The death penalty has no place in a
society that values human life, justice and mercy.
The
Malaysian Bar reiterates its call on the Malaysian Government to
abolish the death penalty without delay. Those who have been sentenced
with the mandatory death penalty should all be resentenced.
Christopher Leong
President
Malaysian Bar
7 February 2014
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And, the statement of the Malaysian Bar the day before is as follows:-
Press Release | Justice Tempered with Mercy: Abolish the Death Penalty,
and Commute Death Sentences to Life Imprisonment
The
Malaysian Bar has just learnt that the authorities intend to carry out
the death sentence on Chandran s/o Paskaran at the Kajang prison on 7
February 2014. On 16 April 2008 Chandran s/o Paskaran was convicted of
the offence of murder and sentenced to death under section 302 of the
Penal Code.
The
Malaysian Bar appeals to the authorities and the Government for
clemency, and to stay the execution of Chandran s/o Paskaran. The
Malaysian Bar also appeals to the authorities and the Government to take
appropriate steps to eventually commute his death sentence to one of
life imprisonment.
In
Malaysia, the death penalty is mandatory for persons convicted of
murder, trafficking in narcotics of various specified amounts, and
discharging a firearm in the commission of various specified crimes
(even where no one is hurt).
The
Malaysian Bar advocates for the abolition of the death penalty, in the
belief that every individual has an inherent right to life. This right
is absolute, universal and inalienable, irrespective of any crimes that
may have been committed. The rationale for the abolition of the death
penalty is made more compelling when we consider that:
(a) There is no empirical evidence to support the notion that the death penalty serves as an effective deterrent to the commission of crimes. Arguably, there has been no significant reduction in the crimes for which the death penalty is currently mandatory. This is particularly true of drug-related offences. For instance, drug-related offences and addiction have been on the rise in Malaysia despite the 1983 amendment to the Dangerous Drugs Act 1952, which introduced the mandatory death penalty; and
(b) It is acknowledged that no criminal justice legal system in the world is foolproof, error-free or fail-safe. In the instance of the death penalty, there is no opportunity to correct an error, as the execution of the death sentence is irreversible.
There
is no denying that guilty persons ought to receive punishment. But
that is not the same as saying that they therefore ought to be put to
death. Even in the case of a convicted murderer, the death penalty is a
reflection of the notion that “an eye for an eye” provides the best
form of justice, a concept that we should not embrace nor practise
today, bearing in mind that at present there is no criminal justice
system emplaced that is foolproof.
It
is incongruous for Malaysia, as a civilised society, to condemn the
barbarity of murder by responding with State-sanctioned taking of life.
The death penalty has no place in any society that values human life,
justice and mercy.
The
Malaysian Government has since 2010 announced its willingness to relook
at the mandatory death penalty, with a view to its possible abolition
or the reintroduction of a discretionary death penalty. The then-de facto
Minister for Law, Dato’ Seri Mohamed Nazri Abdul Aziz, said that the
Government would be in favour of abolishing the mandatory death penalty
if a majority of Malaysians were in favour of it.
In
July 2012, the Attorney General announced that the Attorney General’s
Chambers was considering proposing an amendment to the Dangerous Drugs
Act 1952 to give judges the discretion not to impose the death sentence
on drug couriers, commonly known as “drug mules”. The Attorney General’s
Chambers was reportedly also considering a proposal that those on death
row be resentenced.
On
8 July 2013, the Malaysian Bar co-launched the results of a major
survey of Malaysian citizens, carried out in November and December 2012
through face-to face interviews, by IPSOS Malaysia. The survey was
commissioned by the Death Penalty Project, a leading international human
rights organisation based in the United Kingdom, and analysed by
Professor Roger Hood, Professor Emeritus of Criminology at the
University of Oxford.
The
results of the survey showed that there was very little public support
in Malaysia for the mandatory death penalty. It showed that the
majority of Malaysian citizens favoured a discretionary death penalty
for murder, but the majority did not favour use of the death penalty at
all, when presented with typical cases of drug trafficking and non-fatal
firearms offences.
Given
this, public opinion is not a barrier to the reform of the mandatory
capital sentencing law for murder, or to its complete abolition for drug
trafficking and non-fatal firearms offences.
At
an event entitled “Dialogue with Members of Parliament on the
Reintroduction of Discretionary Sentencing for Capital Punishment” held
at Parliament on 14 November 2013, the Government and the Attorney
General’s Chambers informed those present that they were in the midst of
reviewing the mandatory death penalty.
In
light of such review, the authorities and the Government should, in the
interests of justice, impose an immediate official moratorium on any
and all executions of the death sentence. There are currently about 900
persons on death row awaiting execution. All of these sentences,
including that of Chandran s/o Paskaran, should be stayed pending the
results of the review on the mandatory death penalty. It is unfair,
unjust and ghastly to carry out the death sentence when there is
currently a possibility of reform of the mandatory death penalty.
The
Malaysian Bar reiterates its call on the Malaysian Government to
abolish the death penalty without delay. Those who have been sentenced
with the mandatory death penalty should all be resentenced. In the
meantime, there must logically be an immediate moratorium on all
executions.
Christopher Leong
President
Malaysian Bar
6 February 2014
Source: Malaysian Bar Website
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