Abolish the death penalty now - Malaysian Bar

Press release: Abolish the death penalty now

Thursday, 13 October 2011 05:23pm
10 October 2011 marked the World Day Against the Death Penalty.  The trend worldwide has been to abolish the death penalty, as the execution of human beings by the State serves as an “example of barbarity” to society and legitimises the taking of human life.  Malaysia is one of the 32 remaining countries in the world that still provide for the death penalty for drug-related offences.  Out of these 32, 13 have the mandatory death penalty.  Malaysia is one of them.  In all Commonwealth countries except Malaysia and Singapore, the mandatory death penalty has been declared to be a “cruel and unusual punishment.”  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.  There is no empirical proof that the death penalty is effective in deterring heinous crime.  In fact, drug-related offences and addiction have been on the rise in Malaysia since the 1983 amendment to the Dangerous Drugs Act 1952, which brought in the mandatory death penalty. We also know that the vast majority of arrests for drug trafficking is usually of low-ranking “drug mules” who are the most visible and easy to apprehend.  In other words, while policymakers hope that the death penalty serves as a deterrent, the reality is that the majority of these arrests of “minor offenders” would not impact the scale or profitability of the drug market. It is well-acknowledged that no legal system in the world is foolproof or error-free.  The opportunity to right a wrong is, however, not available if the death sentence on a person has been carried out; in such event we, as a society, will be collectively responsible for having sent an innocent man or woman to the gallows.  We should take no risks to subject a person to death, as the execution of the death sentence is irreversible. The death penalty has no place in any society that values human rights, justice and mercy.  The Malaysian Bar has organised today’s public forum, together with the European Union Delegation to Malaysia and the Malaysian Human Rights Commission (SUHAKAM), to hear the diverse views on this highly critical matter.  Two of our Members have also produced a short documentary focusing on the death penalty.  It is our sincere hope that the proceedings of this public forum as well as the documentary will further contribute to the debate on this issue in Malaysia.  The Malaysian Bar reiterates its call on the Malaysian Government to immediately abolish the death penalty, and for an immediate moratorium on its use pending its abolition. Lim Chee Wee President Malaysian Bar 13 October 2011 - Malaysian Bar Website

Malaysian Bar: Search for the truth must continue (Teoh Beng Hock's death in custody case)

Press Release: Search for the truth must continue

The Malaysian Bar regrets that, after extensive hearing of evidence from numerous witnesses, the Coroner’s Court delivered an open verdict yesterday in the inquest to determine the cause of Teoh Beng Hock’s death.  While it is heartening that the Coroner ruled out suicide, the inability to make a definitive finding is unsatisfactory, and leaves many issues unresolved in this matter of great public interest.

Such indecisive findings cast grave doubts on the effectiveness of the inquest mechanism and renders the whole process meaningless.

The Coroner failed to consider a vital aspect of the matter: Teoh was under the custody of the Malaysian Anti-Corruption Commission (“MACC”) when he died, which invariably places the burden on the MACC to account for his death.  In addition, the Coroner ought to have reprimanded the conduct of the investigating officer in respect of the introduction of the handwritten note midway through the inquest, and ordered further investigation into his conduct.

We reaffirm our call for the establishment of a Royal Commission of Enquiry (“RCE”) to continue the search for the truth and go beyond the scope of the inquest.  We welcome the news that the Government is expected to announce the setting up of the RCE shortly. 

The RCE must be given a wide ambit to investigate the circumstances and cause of Teoh’s death and to conduct a concomitant review of the MACC’s interrogation and investigation techniques.  These two aspects are intrinsically interlinked and cannot be analysed in isolation from one another.  The complexities of the case require nothing less than a holistic and inclusive examination of all the relevant facts by the RCE.  The RCE should also examine the shortcomings within the criminal justice system, and ensure that protocols are introduced to guarantee full compliance with accepted norms of the criminal justice system. 

Teoh’s family, colleagues and friends, and the Malaysian public, deserve nothing less than the Government’s absolute commitment in this regard.

The Malaysian Bar again extends its heartfelt sympathy to Teoh’s family and loved ones.

Ragunath Kesavan
President
Malaysian Bar

6 January 2011

Kugan's Death in Police Custody :- Malaysian Bar Media Statement 23/1/2009

Once again we are appalled and shocked that yet another young man has died in police custody. The death of 22-year old A. Kugan occurred in highly suspicious circumstances that raise very alarming questions about the treatment of detainees in police custody and the methods of interrogation used. The question on everyone’s mind is how a young man, who was apparently in good health, died while under police care just five days after being arrested.

Disturbing and explicit photographs and video footage of the deceased individual are now available in the public domain. They reveal shockingly severe, inexplicable injuries on his body, which appear to be consistent with physical restraint and torture. The onus is squarely on the police, who had custody of the individual, to immediately explain the circumstances of his sudden death.

The Bar Council calls for prompt and serious action by the authorities, including an immediate, impartial, transparent and thorough investigation into this custodial death, preferably by an independent committee.
In this regard we welcome the Attorney-General’s announcement that he is treating this case as one of murder, and the Inspector-General of Police’s statement that there will be no cover-up.

We trust that undue attention will not be given to the incident at the mortuary. It reflected the reactions of persons who were understandably outraged and emotional about A. Kugan’s sudden and unexplained death. It also sadly reflects their lack of faith in the system and the authorities to uncover the truth in a transparent and unbiased manner. This view prevails because none of the perpetrators of similar acts in the past have been brought to book.

This is not the first custodial death in recent years and our fear is that it will not be the last. Such tragedies bring to the fore, once again, the dire need for an Independent Police Complaints and Misconduct Commission, to function as an independent, external oversight body to investigate complaints about police personnel and to make the police accountable for their conduct.

We also call on the authorities to expedite the ongoing inquests into other custodial deaths. We are deeply concerned that this custodial death will be relegated to a mere statistic, like the others. As a civilised nation, we must not let this happen.

Dato’ Ambiga Sreenevasan
President
Malaysian Bar
23 January 2009

Bar: uphold the rights of all concerned citizens to assemble peaceably to express their opinions

Press Release

Press Statement In Response To The Arrests Of Nine Individuals During An Assembly On 23 November 2008

On 23 November 2008, two assemblies were held. One, against the I.S.A. The other, to support it. The assembly supporting the I.S.A. apparently included a march from Wisma Sejarah to the Tun Razak police station.

Both assemblies were a manifestation of the right of citizens to make known their views in a peaceful manner. Both the assemblies represent the right to freedom of assembly that is enshrined in the Federal Constitution. Both groups of people legitimately exercised these rights.

However, only one group was targeted for arrests, namely the anti-I.S.A. group. We are alarmed to note that nine people from the group were arrested.

Such heavy-handedness against ordinary citizens expressing their rights to free speech and assembly goes against respected democratic norms. Furthermore, the use of police force against only one group, namely the one that was against the I.S.A., is selective persecution.

The apparent clampdown on peaceful assemblies is a worrying trend particularly when it is the avowed position of the authorities that they respect human rights.

The intimidation of ordinary citizens in this manner must cease. We call upon the authorities to even-handedly protect and uphold the rights of all concerned citizens to assemble peaceably to express their opinions.

Dato’ Ambiga Sreenevasan

President

Malaysian Bar

24 November 2008

Respect the Right to Peaceful Assembly - Malaysian Bar Press Release

Malaysian Bar's Press Release: Respect the Right to Peaceful Assembly

Monday, 10 November 2008 07:39pm

Freedom of assembly and freedom of expression were again dealt a severe blow yesterday with the arrests of 23 citizens – including journalists and activists, a Member of Parliament, State Assemblypersons and a City Councillor – who were participants in a peaceful gathering to commemorate the first anniversary of last year's BERSIH rally. The Bar Council is alarmed at the disproportionate and heavy-handed approach adopted by the police, who purportedly began dispersing people as early as an hour before the start of the vigil. Needless physical force was allegedly used during the arrests, causing injuries to a number of participants. Such unprovoked intimidation and oppression is unjustifiable as the group was reportedly calm, did not pose any threat to public order and was merely exercising its democratic rights. While the Bar Council disagrees with the laws curtailing the right to assemble and express dissent, we are concerned that the authorities seem to use these laws selectively to disperse and arrest demonstrators. Several demonstrations against the Pakatan Rakyat government's policies in Penang and Selangor have proceeded without much harassment nor arrests by the police. This gives rise to the perception that police actions are not based on any objective criteria relating to preservation of public order. Such subjectivity breeds the notion that the authorities act in a biased, or even arbitrary, manner. We call on the police to protect the rights of speech, expression and assembly of all those who legitimately engage in expressing dissent, fairly and without bias. Ragunath Kesavan Vice-President Malaysian Bar 10 November 2008

Bar Council: High-Handed and Unwarranted Harassment by the Police - 24/10/2008

Press Release

High-Handed and Unwarranted Harassment by the Police

The Bar Council is appalled at the high-handed and unwarranted arrest and detention of K. Shanti and 11 others, including a 6-year old child, on 23 October 2008 for attempting to see the Prime Minister to seek the release of those detained under the ISA.

The efforts of these concerned citizens constitute a legitimate exercise of their rights under the law. We are perturbed that such an expression of sympathy and concern is being treated as a violation of the law. Further we have been informed that they were brought to court this morning and 10 of them were remanded for a further three days, for investigations for alleged offences under the Societies Act.

We view this as a clear case of harassment and intimidation. We have been reliably informed by the detainees' lawyers that they had always made themselves available for any investigations by the police.

We see no reason why any of these persons should be detained for investigations. Their continued detention is perceived as a form of punishment rather than any legitimate attempt by the police to investigate.

The Bar Council calls for the immediate release of those who have been detained, and a stop to the continued harassment and persecution of persons expressing dissenting views.



Ragunath Kesavan

Vice-President

Malaysian Bar



24 October 2008