Mkini: Death penalty for killer rapists

Death penalty for killer rapists

Jan 29, 04 05:00am

Malaysia's cabinet, reacting to public outrage over the rape and murder of two 10-year-old girls, has given the go-ahead for the mandatory death sentence to be imposed on rapists who kill their victims.

The cabinet also agreed in principle to provide for life imprisonment and possibly public whipping for rape, particularly of children, local media reported today.

Amendments to the law will be put before the next sitting of parliament, de facto Law Minister Rais Yatim said.

At present rapists who cause the death of their victims need to be prosecuted separately for rape, which carries a maximum penalty of 20 years in jail, and for murder, which carries the death penalty.

"The cabinet views this as insufficient and feels that rape resulting in death must automatically carry the mandatory death sentence," Rais said. The death penalty in Malaysia is carried out by hanging.

The proposal to flog rapists in public would be studied further before any decision was taken, he said.


Gang rape

The government's soul-searching has been prompted by a public outcry over the rape and murder of two 10-year-old schoolgirls this month.

Nurul Huda Ghani was gang-raped by three men, sodomised and strangled near her home in Johor while on an errand for her mother to the grocery store.

A 47-year-old security guard has been sentenced to 20 years in jail and 24 lashes after admitting raping the girl. He will later face a murder charge. Another suspect is in custody and a third is being sought by police.

On Jan 8, Haserati Saridi was stabbed to death after being raped while walking to school in eastern Sabah state.

A 26-year-old man released from prison last month after serving a sentence for theft has pleaded guilty to raping her and will also face a murder charge. - AFP

Lawyers, accountants face death penalty in new terror law

Lawyers, accountants face death penalty in new terror law

Sep 10, 03 05:58am

Lawyers and accountants who provide financial services for terrorists could face the death penalty under proposed new legislation, local media reported today.

Amendments to the Penal Code submitted to parliament on Tuesday aim to punish not only terrorists but those who provide them with services or facilities, The Star newspaper said.

If terrorist acts result in death, then lawyers and accountants who helped the terrorists can be executed, the paper said. The death penalty in Malaysia is carried out by hanging.

Those who escape execution face jail terms of between seven and 30 years.

The proposed legislation also provides tough sentences of up to life imprisonment for anyone who harbours or interferes with the arrest of terrorists, recruits members into a terrorist group or provides them with explosives or facilities such as meeting places.

International convention

The amendments to the Penal Code "will enable Malaysia to accede to the International Convention for the Suppression of the Financing of Terrorism adopted by the general assembly of the United Nations on Dec 9,1999," the bill says.

Malaysia already has legislation allowing for indefinite detention without trial which it has used to round up more than 90 alleged Islamic militants over the past two years.

Many of the suspects are accused of being members of the Jemaah Islamiah (JI) terrorist network, a Southeast Asian group linked to Osama bin Laden's al-Qaeda.

JI has been blamed for a string of attacks in the region, including last October's Bali blasts which killed 202 people and the car bombing of the Marriott hotel in Jakarta last month in which 12 people died.

The United States last weekend listed 10 Malaysians as alleged members of JI and ordered a freeze of their financial assets.

Six of the 10 are already in detention while four others, including alleged master bomb-maker Azahari Husin, are on the run. - AFP

More object to death penalty for child rapists

More object to death penalty for child rapists

Susan Loone
Nov 16, 02 08:41am

More objections are pouring in over the proposed death penalty for child rapists which is likely to be accepted by the Cabinet soon.
Universiti Sains Malaysia associate professor Dr Rohana Ariffin, who is currently undertaking a project to profile rape perpetrators in prisons, said the proposed penalty was too “drastic” and may lead to adverse consequences for the victims.

For example, she said, due to the heavy penalty, rape perpetrators may decide to kill their victims to prevent themselves from being indentified.

Likewise, those who are related to the perpetrator, such as their father, brother or uncle, may refused to come forward to lodge a report for fear for sending the relative to the gallows.


“This will certainly place the victim in a much higher danger. There is no guarantee that the death penalty can reduce the crime rate, perpetrators may just decide to take the risk,” she told malaysiakini today when contacted in Penang.

“We should do this by stages. Impose heavier penalty, then see the results. If this doesn’t work, then we go to the next step,” said Rohana, who was a founder member of Penang Women’s Crisis Centre (now Women’s Centre for Change).

Counselling important

Rohana, whose profiling of the rape perpetrator project under Universiti Institute Teknologi Mara, will be conducted in Seremban, Melaka and Johor next year, stressed that counselling was an important aspect of understanding why such heinous crimes occur so that solutions could be found to counter them.

“We do not only need religious counselling, we need psychologists and psychiatrists to go into prisons to counsel the perpetrators or else we’ll never know why they commit such crimes nor will we know how to deal with this problem,” she added.

Her response came in the wake of a statement made by Minister in the Prime Minister’s Department Dr Rais Yatim’s on Friday that the Cabinet was expected to accept a proposal calling for the death penalty for child rapist.

Rais, who is de facto law minister, said the ministry had received feedback from many quarters including the National Unity and Social Development ministry pressing for the death sentence for such offences.

Women and Family Development Minister Shahrizat Abdul Jalil also supported the stiffer penalty, which she said “was what the public wanted”.

But some public sectors, including women’s groups and the Bar Council have rejected the idea, saying that they maintained their stand against the death penalty.

Effective prosecution

In a joint press statement prepared by Women’s Aid Organisation and endorsed by 29 non-governmental organisations, the groups urged the government to reconsider the proposal and focus on ensuring effective prosecution that will result in conviction of perpetrators.

Sisters In Islam, Protect and Save the Children Association of Selangor and Kuala Lumpur, Association of Registered Child Care Providers Malaysia, Malaysia Association of Kindergartens, Selangor and Federal Territory Association for Retarded Children are among the NGOs who opposed the move.

Bar Council president Mah Weng Kwai said the council will not support the move to impose the death penalty for statutory rape but will support other means of heavier penalty.

Mah said the penalty for statutory rape, where victims are below 16 years, should be stiffer and different from the penalty imposed on normal rapists as the offences were of different level.

Meanwhile, joining the fray of those who oppose the move, Gerakan Wanita chairperson Rhina Bhar urged the authorities not to be hasty in considering the death penalty.

Rhina said it would be more appropriate if the authorities consider increasing the limits of prison sentences and whipping.

Castration suggested

The current sentence in Section 376 of the Penal Code provides a jail term of not less than five years and not more than 20 years for rape perpetrators.

“It is appalling to note that in spite of courts meting out punishments time and again, young girls even toddlers, are raped,” she said in a press statement today.

“The current sentence could be amended to direct imprisonment with whipping and, or castration,” she added.

However, Rhina stressed that the punishment should apply to rapists in general as “rape is rape” whether it is committed against a toddler or a woman.

M'sia debates death sentence for child rapists

M'sia debates death sentence for child rapists

Nov 15, 02 03:01am

The cabinet is expected to accept a proposal calling for the death penalty for child rapists later this month, local media reported today.

"It is very likely that the proposal will be accepted," Minister in the Prime Minister's Department, Rasi Yatim, was quoted as saying by the New Straits Times.

The cabinet is scheduled to discuss the planned legislation in two weeks time.

The death-sentence proposal comes amid public outrage over the rape and murder of a two-year-old girl in Kedah two weeks ago.

The body of two-year-old Siti Nurliyana Shamimi was found in a river 500 metres from her parents' house.

Widespread support

Rais said there was widespread support for the the death sentence for child rapists, which was also backed by the Women and Family Development Ministry.

"Even if the young girl doesn't die as a result of her physical injuries, it amounts to the same thing. As such the strong calls to impose the death sentence ... will almost certainly be acknowledged by the government," The Star quoted Rais as saying.

However, some women's groups here have criticised the proposal, saying a death sentence would not address the issue and would only deter victims from making a police report.

Under existing laws, convicted rapists face a jail term of not less than five years and not more than 20 years, and the offenders are also liable to be whipped.— AFP

BANGKOK DECLARATION ON IRREGULAR MIGRATION

BANGKOK DECLARATION ON IRREGULAR MIGRATION

We. the Ministers and representatives of the Governments of Australia, Bangladesh, Brunei Darussalam, Cambodia, China, Indonesia, Japan, Republic of Korea, Lad DPR, Malaysia, Myanmar, New Zealand, Papua New Guinea, the Philippines, Singapore, Sri Lanka, Thailand, and Vietnam, as well as the Hong Kong Special Administrative Region (hereinafter referred to as "the participating countries and Region"), meeting at the invitation of the Royal Thai Government in Bangkok on 23 April 1999, on the occasion of the International Symposium on Migration, held on 21-23 April 1999, under the chairmanship of H.E. Bhichai Rattakul, Deputy Prime Minister of Thailand, to address the question of international migration, with particular attention to regional cooperation on irregular/undocumented migration:

1. Realizing that international migration is a complex phenomenon which is rooted in human history and is closely associated with social and economic aspirations of each country and region;
2. Recognizing that the process of globalization and liberalization, including the increasing interdependence of economies, has contributed to large flows of people in the Asia-Pacific region, thus providing both opportunity and challenge for governments in the region;
3. Noting that both the supply (push) factor and demand (pull) factor from concerned countries have led to the outflow of migrants from the countries of the region;
4. Being aware that international migration, particularly irregular migration, has increasingly become a major economic, social, humanitarian, political and security concern for a number of countries in the Asia-Pacific region;
5. Noting with concern that the ongoing financial and economic crisis in many Asian countries has led to rising unemployment and other social problems, and has had differing impacts on irregular migrants and on the countries of origin, transit and destination;
6. Noting further that the periodical natural disasters in some Asian countries badly affect their economies and lead to rising unemployment and irregular migration;
7. Gravely concerned by the increasing activities of transnational organized criminal groups and others that profit from smuggling of and trafficking in human beings, especially women and children, without regard to dangerous and inhumane conditions and in flagrant violation of domestic laws and international standards;
8. Underlining that comprehensive, coherent and effective policies on irregular/undocumented migration have to be formulated within the context of a broader regional framework based on a spirit of partnership and common understanding;
9. Noting that over 65 percent of the world’s poorest people live in the Asia-Pacific region, hence poverty and differences in level of development among countries in the region remain important causes of irregular migration;
10. Noting that there is a number of international conventions and instruments dealing with humanitarian issues relating to migration;
11. Respecting the sovereign rights and legitimate interests of each country to safeguard its borders and to develop and implement its own migration/immigration laws, and also recognizing the obligation of the country of origin to accept its nationals back, and the obligation of the countries of transit and destination to provide protection and assistance where appropriate, in accordance with their national laws;
12. Recognizing the important role and contribution of regional consultative mechanism, such as the Asia Pacific Consultations on Refugee, Displaced Persons, and Migrants, and the Manila Process, on issues relating to irregular migration;
13. Noting with appreciation the participation of countries from various regions, United Nations bodies and specialized agencies, intergovernmental organizations, as well as non-governmental organization, in sharing their views and experiences in dealing with migration issues;
14. Noting with appreciation the participation of countries from various regions, United Nations bodies and specialized agencies, intergovernmental organizations, as well as non-governmental organizations, in sharing their views and experiences in dealing with migration issues;
15. Noting also with appreciation the discussion papers prepared by the Institute for Population and Social Research, Mahidol University, and the International Organization for Migration (IOM), which provided useful points of discussion and recommendations for the management of irregular migration;
16. Acknowledging with gratitude the timely initiative of H.E. Dr. Surin Pitsuwan, Minister of Foreign Affairs of Thailand, the dynamic chairmanship of H.E. Bhichai Rattakul, Deputy Prime Minister of Thailand, as well as the excellent arrangements provided by the Royal Thai Government, with the valuable support of the IOM;

Declare as follows:

1. Migration, particularly irregular migration, should be addressed in a comprehensive and balanced manner, considering its causes, manifestations and effects, both positive and negative, in the countries of origin, transit and destination;
2. The orderly management of migration and addressing of irregular migration and trafficking will require the concerted efforts of countries concerned, whether bilaterally, regionally or otherwise, based on sound principles of equality, mutual understanding and respect;
3. Regular migration and irregular migration should not be considered in isolation from each other. In order to achieve the benefits of regular migration and reduce the costs of irregular migration, the capacity of countries to manage movement of people should be enhanced through information sharing and technical and financial assistance. In this context, UNITAR, UNFPA, and IOM, joint sponsors of the International Migration Policy and Law Course (IMPLC), are invited to hold, in the near future, a course for middle to senior government officials from the region;
4. A comprehensive analysis of the social, economic, political and security causes and consequences of irregular migration in the countries of origin, transit and destination should be further developed in order better to understand and manage migration;
5. As the causes of irregular migration are closely related to the issue of development, efforts should be made by the countries concerned to address all relevant factors, with a view to achieving sustained economic growth and sustainable development;
6. Countries of origin, a well as countries of transit and destination, are encouraged to reinforce their efforts to prevent and combat irregular migration by improving their domestic laws and measures, and by promoting educational and information activities for those purposes;
7. Donor countries, international organizations and NGOs are encouraged to continue assistance to developing countries, particularly the least-developed countries, in the region aimed at poverty reduction and social development as one means of reducing irregular migration;
8. The participating countries and region should be encouraged to pass legislation to criminalize smuggling of and trafficking in human beings, especially women and children, in all its forms and purposes, including as sources of cheap labor, and to cooperate as necessary in the prosecution and penalization of all offenders, especially international organized criminal groups;
9. The participating countries and Region should exchange information on migration legislation and procedures for analysis and review, with a view to increasing coordination to effectively combat migrant traffickers;
10. The countries of origin, transit and destination are encouraged to strengthen their channels of dialogue at appropriate levels, with a view to exchanging information and promoting cooperation for resolving the problem of illegal migration and trafficking in human beings;
11. Greater efforts should be made to raise awareness at all levels, including through public information campaigns and advocacy, of the adverse effects of migrant trafficking and related abuse, and of available assistance to victims;
12. Concerned countries, in accordance with their national laws and procedures, should enhance cooperation in ascertaining the identity of undocumented/illegal migrants who seemingly are their citizens, with a view to accelerating their readmission;
13. Timely return of those without right to enter and remain is an important strategy to reduce the attractiveness of trafficking. This can be achieved only through goodwill and full cooperation of countries concerned. Return should be performed in a humane and safe way;
14. Irregular migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled, according to law. Any unfair treatment toward them should be avoided;
15. The participating countries and Region should each designate and strengthen a national focal point to serve as a mechanism for bilateral, regional and/or multilateral consultations and cooperation on questions of international migration;
16. A feasibility study should be conducted on the need to establish a regional migration arrangement, linked to existing international bodies, to provide technical assistance, capacity building and policy support as well as to serve as an information bank on migration issues for the countries in the Asia-Pacific region. The countries in the region are meanwhile encouraged to utilized and strengthen the already existing bilateral and multilateral arrangements;
17. The participating countries and Region will follow-up on the above mentioned issues of irregular migration at the political and senior official levels in ways which may be deemed appropriate;
18. This documents shall be given the widest publicity and dissemination possible to encourage governments, non-governmental organizations, the private sector and civil society to join in a collective regional effort to alleviate the adverse effects of irregular migration and to prevent and combat trafficking of human beings, especially, women and children.

Bangkok, THAILAND

23 April 1999