Malaysia must stop plans to hang 34 year old Gunasegar
Pitchaymuthu. He was convicted of murder, and that carries a MANDATORY
death penalty. Now, that Malaysia is in the process of abolishing the
death penalty, starting with the Mandatory Death Penalty...
Both
our de factor law Minister, Nacy Shukri, and the Attorney General has
expressed their position against the MANDATORY death penalty - and the
Minister even said that the proposed amendments to the law may be tabled
in this March session of Parliament. As such, logically and reasonably,
there must be no hangings carried out at this time.
We recall also the efforts of our royalty, and the government in recent times that have successfully stopped executions, and urge that the same be done...again - Let's save the life of Gunasegar Pitchaymuthu
We recall the case of Chandran s/o
Paskaran, who was convicted for a murder in 2003 and sentenced to death by the
Johor Baru High Court in 2008. His
execution scheduled for 7/2/2014 was known a few days before that date. This
knowledge moved concerned persons and groups including the Malaysian Bar to do
the needful to try safe a life. At the eleventh hour, compassion moved the Duli
Yang Maha Mulia Sultan of Johore, who intervened and stopped the hanging of
Chandran s/o Paskaran.
Then, in March 2014, we have the case of Osariakhi Ernest Obayangbon (aka Philip
Michael), who was convicted of murder, and was alleged to have been on death
row for 18 years, who was scheduled to hang on 14/3/2014.
Duli
Yang Maha Mulia Sultan of Kedah (or Perak), can intervene and stop the hanging of Gunasegar Pitchaymuthu [since,
the alleged murder happened in Kedah, it is more likely that it is the
Kedah Sultan that have the power to stop the hanging. But, then since
the hanging may be carried out in Taiping, then the Sultan of Perak
certainly may have the power to stop this hanging happening in Perak, in
my opinion]
Given AG Apandi Ali's position against Mandatory Death Penalty, I do hope that he intervenes
to do the needful. He believes that the discretion when it comes to
sentencing should rest with the judiciary - and as such, he objects to
MANDATORY death penalty. [In
fact, after our Malaysian laws are amended, and mandatory death penalty
is removed - returning sentencing discretion to Judges, it is only
proper that all mandatory death penalty sentences be reviewed by the
Judiciary, and hopefully will be commutted.]
Attorney-General
Tan Sri Apandi Ali said he will propose to the Cabinet that the
mandatory death penalty be scrapped, so that judges are given the option
to choose between sentencing a person to jail or the gallows.
He said mandatory death sentences were a "paradox", as it robbed
judges of their discretion to impose sentences on convicted criminals.
"If I had my way, I would introduce the option for the judge in cases
where it involves capital punishment. Give the option to the judge
either to hang him or send him to prison. "Then we're working towards a good administration of criminal
justice," Apandi told The Malaysian Insider in an exclusive interview.
-A-G seeking to abolish mandatory death penalty
Press Release
March 23, 2016
Malaysia: Stop execution of prisoner due to be hanged on Friday
The
Malaysian government must halt the execution of a 34-year-old man due
to be hanged this Friday for murder, said Amnesty International.
Gunasegar Pitchaymuthu’s mother was today advised by officials at
Taiping Prison, northern Malaysia, to visit her son for the “last time”
and make arrangements for his funeral. Gunasegar Pitchaymuthu was
convicted of murder, an offence which attracts the mandatory death
penalty in Malaysia.
“Executing Gunasegar Pitchaymuthu would be a regressive step for
human rights in Malaysia,” said Josef Benedict, Amnesty International’s
Deputy Campaign Director for South-East Asia and the Pacific.
“The mandatory death penalty is a clear breach of human rights
regardless of the crime committed. The authorities must step in to
prevent this brutal act taking place before it is too late, and instead
commute Gunasegar’s death sentence.”
Amnesty International has consistently criticized Malaysia’s practice
of “secretive” executions. Information on scheduled hangings is not
made public before, or even after, they are carried out - contrary to
international standards on the use of the death penalty.
Instead, Gunasegar Pitchaymuthu’s mother Nagarani Sandasamy today
received a letter from Taiping Prison officials informing her that he
will be executed “soon” and advising her to visit him tomorrow morning.
The family was also advised to discuss arrangements to claim the
prisoner’s body for his funeral.
Nagarani Sandasamy last visited her son a week ago, when neither were
aware that the 34-year-old was scheduled to be hanged just a week
later.
Gunasegar Pitchaymuthu was
sentenced to death for the fatal stabbing of a man in Sungai Petani, Kedah state, on 16 April 2005.
“As discussions on abolishing the mandatory death penalty in Malaysia
continue, the Malaysian government must immediately put in place a
moratorium on all executions as a first step towards full abolition of
the death penalty,” said Josef Benedict.
Background
No information is made publicly available on individual death penalty
cases in Malaysia, while families are often informed at the last minute
that their loved ones will be executed.
Senior government officials recently said Malaysia was considering
abolishing the mandatory death penalty, which is currently the
punishment for crimes including murder and drug-related offenses.
Amnesty International opposes the
death penalty in all cases without exception regardless of the nature or
circumstances of the crime, the guilt, innocence or other
characteristics of the individual, or the method used by the state to
carry out the execution.
The death penalty violates the right to life and is the ultimate cruel, inhuman and degrading punishment.
International law and standards prohibit the mandatory imposition of
the death penalty as constituting arbitrary deprivation of life, as it
denies judges the possibility of taking into account the defendant’s
personal circumstances or the circumstances of the particular offense. -
Amnesty International
Thursday, 24 March 2016 | MYT 11:36 AM
Convict's family distraught over last-minute notice of execution
PETALING JAYA: Amnesty
International Malaysia has come out strongly against what it calls the
Prisons Department’s practice of “secretive” executions, in the latest
case informing a family of the execution of their son at the last
minute.
Its executive director Shamini Darshni said that the family of convict P. Gunasegar (
pic), 35, was only informed on Wednesday that they should visit him for the last time as he would be executed "soon".
In the letter by the Taiping Prison’s Department, the family was also
advised to discuss arrangements to claim Gunasegar’s body for his
funeral.
"The mother, Nagarani Sandasamy had visited Gunasegar last week, and
both were unaware that the 34-year-old was scheduled to hang just a week
later,” Shamini said.
She added though no date was given, convicts were usually executed on Fridays after morning prayers.
She told The Star that it was common for families not to be given a date, calling the practice "heartless".
Gunasegar was on death row for his role in the murder of B. Venukumar, then 24, on April 4, 2005.
Amnesty International stated its concern on Malaysia’s practice of
“secretive” executions, saying transparency on the use of the death
penalty was an essential safeguard in such cases, as it allowed for
greater scrutiny and meaningful debate on the issue.
Shamini called on the authorities to stop of the execution and
commute the death sentence to life imprisonment, saying that executing
Gunasegar would be an enormous step backwards on human rights for
Malaysia.
As discussions on abolishing the mandatory death penalty in Malaysia
continue, the Malaysian government must immediately put in place a
moratorium on all executions as a first step towards full abolition of
the death penalty.”
In court documents sighted by The Star, Gunasegar was charged,
together with J. Ramesh and J. Sasivarnam, with murdering Venukumar at a
playground in Taman Ria Raya, Sungai Petani, Kedah.
Though the trio claimed during the trial that they had been attacked
by a group, which included Venukumar and only defended themselves, the
High Court found them guilty in 2011.
The decision was later affirmed by the Court of Appeal and Federal Court.
Amnesty International opposes the death penalty in all cases regardless
of the nature or circumstances of the crime, the guilt or innocence of
the individual, or the method used to carry out the execution.-
Star, 24/3/2016
Amnesty International pleads lifetime jail instead of
gallows for Taiping convict
Wednesday March 23, 2016
11:09 PM GMT+8
Amnesty International Malaysia has condemned the impending
‘last minute’ execution of Gunasegar Pitchaymuthu scheduled for March 25, 2016.
— File pic
KUALA LUMPUR, March 23 — Amnesty International Malaysia condemned today
the “last minute” execution of Gunasegar Pitchaymuthu scheduled for this
Friday, calling it a violation of human rights.
The human rights watchdog claimed that the prisoner’s family
was notified only this week that he is to be hanged on Friday and was unaware
of it a week ago, which was a violation of human rights.
“The mother, Nagarani Sandasamy, had visited Gunasegar last
week, and both were unaware that the 34-year-old was scheduled to hang just a
week later,” the body’s executive director Shamini Darshini said in a statement
today.
The group also alleged that the “secretive” execution was
not in line with international standards on the use of the death penalty and
pleaded with Putrajaya to commute the execution.
“We call upon the Malaysian government to immediately halt
all plans to execute Gunasegar, and to commute existing death sentences to life
imprisonment.
“As discussions on abolishing the mandatory death penalty in
Malaysia continue, the Malaysian government must immediately put in place a
moratorium on all executions as a first step towards full abolition of the
death penalty,” Shamini added.
The group also reiterated its stand that it was against the
mandatory death penalty as it “violates the right to life and is the ultimate
cruel, inhuman and degrading punishment.”
Gunasegar was sentenced in 2011 alongside two others
including his brother for murdering a 25-year old man in 2005.-
Malay Mail
The
Malaysian Bar is extremely troubled over the reports of the imminent
carrying out of the death sentence upon Gunasegar s/o Pitchaymuthu, J
Ramesh s/o Jayakumar, and Sasivarnam s/o Jayakumar. Their next-of-kin
have been informed to schedule their final visit with them today, and to
discuss the arrangements for burial. The executions could be carried
out as early as tomorrow, possibly at Taiping Prison. This appears to
be consistent with the practice of executing death row inmates early on a
Friday morning. 
