Malaysian government no immediate plans to abolish death penalty

Datuk Seri Mohamed Nazri Aziz personally is for the abolition of the death penalty, but as a sitting Minister in the current government, the official position is that the government has no immediate plans to abolish the death penalty. He has called on Malaysians to oppose strongly if we want the death peanlty to be abolished (see Nazri: Oppose strongly if you want death penalty abolished (Star 2/3/2012)

The Malaysian Bar is now unanimous in its call for abolition (see Malaysian Bar unanimously passes resolution for the abolition of the death penalty (10/3/2012)

MADPET (Malaysians Against Death Penalty and Torture) and Amnesty Malaysia has come out calling for the abolition. Others groups also are for the abolition - but have yet to issue any statement recently calling for the abolition. 

Is Pakatan Rakyat for the abolition of the death penalty? Is DAP? Is PRM? Is PSM? Is PKR/ Is PAS? [The FMT report below says, "Pakatan MPs too supported the motion to end the death sentence" but I have not seen any statement that has been made by Pakatan MPs or Pakatan Rakyat on this issue that clearly states that they are for the abolition - PR should issue a clear statement calling for the abolition of the death penalty - and include it also clearly in their election manifesto (or the 'Buku Jingga')

Is the MCCBCHS for the abolition of the death penalty? Are you for the abolition of the death penalty? 

This is the time to come out and clearly call for the abolition of the Death Penalty in Malaysia..

Death penalty to stay, says Nazri
By Clara Chooi
March 29, 2012

Nazri (right) said the abolition of the death sentence would affect the rest of the country’s legal system.

KUALA LUMPUR, March 29 — Putrajaya has no immediate plans to abolish the death penalty, Datuk Seri Mohamed Nazri Aziz has said, insisting that Malaysia still needs the punishment as a deterrent for serious crimes.

The minister in the Prime Minister’s Department said, however, that the proposal to remove the provision would be considered but only after a thorough review is conducted.

“The suggestion will be given fair consideration once a thorough review and careful study is done on all aspects, and after taking into cognisance the viewpoints of all relevant parties.

“This is needed because the scrapping of the death penalty or natural life imprisonment sentences would greatly impact the country’s legal system,” he said in a written response to Karpal Singh (DAP-Bukit Gelugor) yesterday.

Explaining further, Nazri said it was appropriate to maintain the death penalty to deter serious offences like murder under Section 302 of the Penal Code, drug trafficking under Section 39B of the Dangerous Drugs Act 1952 and other crimes involving firearms, ammunition and explosives.

The Padang Rengas MP added that the same would apply to the natural life imprisonment sentence as it also involves serious crimes.

“The government at this time does not plan to abolish the death penalty or natural life sentence from the country’s legal system.

“The government is of the view that these penalties are still needed for certain heavy crimes.

“These penalties are more retributive in nature, that is to react towards offenders based on the crimes they have committed,” he said.

Earlier this month, Malaysian Bar members unanimously passed a resolution at the Bar Council’s annual general meeting (AGM) calling for capital punishment to be abolished and replaced with life imprisonment instead.

Bar Council president Lim Chee Wee had urged Datuk Seri Najib Razak to add this to his administration’s series of law reforms, saying the move should be “leadership driven”.

Lim claimed that empirical evidence from surveys has shown that despite the introduction of mandatory death sentences for drug trafficking, the number of cases continues to increase.

“Death penalty has zero deterrent effect, so why keep it in our books?” he said.

He pointed out that in light of weaknesses in the country’s legal system, innocent individuals could be found guilty of the offence and sentenced to death despite not committing the crime.

Lim had also urged parliamentarians to join the council in its campaign against the death penalty by pushing for amendments to current laws when the House sits from next week until April.- Malaysian Insider, 29/3/2012, Death penalty to stay, says Nazri

Nazri’s ‘flip-flop’ stand on death penalty
K Pragalath
 | March 30, 2012

Suaram calls on the the Minister in Prime Minister's Department, Nazri Aziz to make a firm stand on abolishing the death penalty.

PETALING JAYA: Suaram today called on Minister in the Prime Minister’s Department, Nazri Aziz to make a firm stand on the death penalty.

It said he can’t have it both ways and callled his flip-flop stand “the ultimate denial of human rights”.

“On March 1, Nazri stated that he wanted the death penalty to be abolished and called for a mass movement of people to oppose the death penalty.

“However, yesterday, the minister insisted that Malaysia still needs this punishment as a deterrent for serious crimes,” said Suaram’s executive director E Nalini in a statement.

She was commenting on Nazri Aziz’s defence on the use of death penalty in response to a question raised by Bukit Gelugor MP, Karpal Singh in parliament yesterday.

Nazri had insisted that Malaysia still needed death penalty as a deterrent to to serious crime.

He added that the removal of the sentence would only be considered after a thorough review is conducted since its abolishment would have a major impact on the legal system.

Earlier this month Nazri called himself a “knight in armour” who is all for abolishing the death penalty and wanted a mass movement to end the sentence.

Pakatan MPs too supported the motion to end the death sentence.

International human rights organisation, Amnesty International and the Bar Council meanwhile were much more optimistic that Malaysia would eventually repeal the penalty.

Minister should convince the cabinet

Bar Council chairman Lim Chee Wee said: “It is safe to say that the statements were made by Nazri on behalf of the federal government.”

Lim’s confidence comes from the fact that Nazri has privately and publicly declared his personal view in support for the abolishment of the death penalty.

He added that Attorney General Abdul Gani Patail is also personally supportive for the repeal.

Lim also urged Nazri to persuade the Prime Minister Najib Tun Razak’s administration to immediately move towards a moratorium and subsequently repeal the death sentence.

“The minister has been saying that the relevant civil societies and the Bar bear the burden of changing the hearts and minds of the perceived majority of Malaysians who favour the retention of the death penalty.

“However, we appeal to the minister to utilise his legal training and powers of advocacy to persuade the Cabinet and Najib to move towards abolition,” said Lim in a statement .

Amnesty International’s executive director Nora Murat too is confident that the government would review the death penalty.

“However the government needs to restrict the definition of serious crime. The United Nations Human Rights Commission and the International Covenant on Civil and Political Rights restricts it to crimes directly related to death,” said Nora. - Free Malaysia Today, 30/3/2012, Nazri’s ‘flip-flop’ stand on death penalty

79,487 whipped in Malaysia (2005 - 2011)

AS of Feb 28, 2012, 860 offenders have been meted the death penalty, based on statistics from the Prisons Department.

However, none have been executed because they were appealing.

In a written statement by the Home Ministry, 616 were appealing to the Court of Appeal, 94 to the Federal Court and 150 to the Pardons board.

The Home Ministry was replying to a question by Liew Chin Tong (DAP-Bukit Bendera) on the number of prisoners awaiting the death sentence and the number of offenders caned between 2005 and this year.

According to Prisons Department statistics, 79,487 offenders had been caned between 2005 and last year.

Of that number, 46,338 or 58.3 per cent were Malaysians while the remaining 33,149 or 41.7 per cent were foreigners. - New Straits Times, 27/3/2012, 860 on death row await appeal

860 sentenced to death in Malaysia (as of 28/2/2012)

AS of Feb 28, 2012, 860 offenders have been meted the death penalty, based on statistics from the Prisons Department.

However, none have been executed because they were appealing.

In a written statement by the Home Ministry, 616 were appealing to the Court of Appeal, 94 to the Federal Court and 150 to the Pardons board.

The Home Ministry was replying to a question by Liew Chin Tong (DAP-Bukit Bendera) on the number of prisoners awaiting the death sentence and the number of offenders caned between 2005 and this year.

According to Prisons Department statistics, 79,487 offenders had been caned between 2005 and last year.

Of that number, 46,338 or 58.3 per cent were Malaysians while the remaining 33,149 or 41.7 per cent were foreigners. - New Straits Times, 27/3/2012, 860 on death row await appeal


Read more: 860 on death row await appeal - General - New Straits Times http://www.nst.com.my/nation/general/860-on-death-row-await-appeal-1.66530#ixzz1qcQ3ULXW

Death penalty not deterring drug trade

Patrick Lee | March 19, 2012 

More people have been arrested over drug dealing, despite the shadow of the mandatory death penalty hanging over their heads.

KUALA LUMPUR: Malaysia’s mandatory death penalty on drug-related crime does not appear to have stopped drug dealers .

In fact, it was the reverse: there has been a steady increase over the last three years, according to a reply in Parliament.

In a written answer to Bukit Gelugor MP (DAP) Karpal Singh, Home Minister Hishammuddin Hussein said that 3,845 people had been arrested for drug dealing in 2011.

“Police statistics for the arrests of drug dealers under Section 39B of the Dangerous Drugs Act 1952 for the past three years (2009 to 2011) have shown an increase,” he said.

According to him, in 2009, 2,955 people were arrested under this section. In 2010, 3,700 people were arrested.

Karpal had asked if the 1983 amendments to the Act – which would slap serious drug offenders with capital punishment – had been effective in reducing drug-related crime.

To this, Hishammuddin said that the increase was caused by the trade’s ability to make a lot of money quickly; globalisation, creating a borderless world, which opened up a space for drug-dealing; and the “easier process” in which synthetic drugs were made, through the availability of chemical formulas and ingredients.

Previously, the Bar Council said that 32 countries around the world had death penalty for drug-related crime.

Of this number, 13 of them still enforced the mandatory death penalty, which included Malaysia.

The Bar Council’s president Lim Chee Wee said that most drug traffickers and dealers were “low-ranking drug mules”, who were the easiest (in the trade) to apprehend.

He added that there was no proof that the death penalty helped to cut down on drug-related crime. - Free Malaysia Today, 19/3/2012, Death penalty not deterring drug trade

Bar Council wants death penalty scrapped

Bar Council wants death penalty scrapped

Sunday, 11 March 2012 01:36pm

©The Malaysian Insider by Clara Chooi KUALA LUMPUR, March 10 — Lawyers unanimously passed a resolution at the Bar Council annual general meeting (AGM) today calling for capital punishment to be abolished and replaced with life imprisonment instead. Bar Council president Lim Chee Wee urged Datuk Seri Najib Razak to add this to his administration’s series of law reforms, saying the move should be “leadership driven”. “We, the (Malaysian) Bar, would like the prime minister to lead and say that the government will take the lead and put in an immediate moratorium on any death penalty sentences and act with speed to repeal all death penalty punishments in the statute books,” he told a press conference today after the AGM. “We look to leadership by the honourable prime minister to actually say that in Malaysia, as a country that wants to be progressive and liberal, this is not something we want in our statute books.” Lim claimed that empirical evidence from surveys has shown that despite the introduction of mandatory death sentences for an offence like drug trafficking, the number of cases continues to increase. “Death penalty has zero deterrent effect, so why keep it in our books?” he said. He pointed out that in light of weaknesses in the country’s legal system, innocent individuals could be found guilty of the offence and sentenced to death despite not committing the crime. Lim urged parliamentarians to join the council in its campaign against the death penalty by pushing for amendments to current laws when the House sits from next week until April. Earlier this month, de facto law minister Datuk Seri Mohamed Nazri Aziz said the government could only abolish capital punishment in Malaysia if the majority of its citizens supports such a move. He added that the problem in doing away with the law is not an administrative one, but rather that the majority of Malaysians still does not favour it. “Many Malays, Muslims are very rigid with the way they behave when it comes to (abolishing) the death sentence, because they think that it is always about an eye for an eye. “It is important to convince Muslims and say that it is not necessarily an eye for an eye... the problem (with the abolishment) is not so much the government, it is society,” he had said during a university debate forum on the death penalty. Earlier during today’s AGM, the Bar Council also passed resolutions rejecting recent amendments to the Employment Act 1955 and approving the implementation of the “Continuing Professional Development” scheme (CPD). The scheme, which will undergo a two-year trial phase before full implementation, stipulates that all lawyers must commit 16 hours in the span of two years to attend courses, seminars, workshops, conferences or other appropriate events for the purpose of constantly updating their legal knowledge.

Malaysian Bar unanimously passes resolution for the abolition of the death penalty (10/3/2012)

Malaysian Bar(representing about 14,000 Malaysian Lawyers), at its 66th AGM on 10/3/2011 passed yet another Resolution for the abolition of the death penalty. Note that, unlike the past Resolution which had persons who opposed and those who abstained, this 2012 Resolution was passed unanimously (No objections, No abstention).

Resolution regarding the death penalty

Motion proposed by Naran Singh and jointly seconded by Pritam Singh Doal, GK Sritharan, T Gunaseelan and R Kengadharan, dated 28 Feb 2012

(As amended)

Now it is hereby resolved:

That the Malaysian Bar, taking into cognisance its earlier resolution at a previous Malaysian Bar AGM that the death penalty should be repealed, and bearing in mind the current public debate on the merits of the death penalty, calls upon the Government of Malaysia to take immediate steps to abolish the death penalty in any legislation providing for it, and insofar as those awaiting execution, that the death penalty be remitted by executive action.

The motion, as amended, was unanimously carried.

See Malaysian Bar Website 
- http://www.malaysianbar.org.my/malaysian_bar_s_resolutions/resolutions_adopted_at_the_66th_annual_general_meeting_of_the_malaysian_bar
_held_at_sunway_putra_hotel_kuala_lumpur_saturday_10_mar_2012.html

move towards abolition [the death penalty] without infringing on Islam...

‘Knight’ Nazri all for abolishing death penalty

K Pragalath | March 1, 2012 

 

The minister also called for a mass movement against the capital punishment.

KUALA LUMPUR: Minister in the Prime Minister’s Department Nazri Aziz called himself a “knight in armour” who is all for abolishing the death penalty.

But he said that he needed the support of all the other knights (MPs) to push for the removal of the capital punishment.

However, he added he supported the move in his individual capacity.

“As an individual, I am all for the abolition of the death penalty. We charge a person with murder because we don’t agree with the person taking a person’s life,” he said.

“If we don’t agree with taking a person’s life, what right does the government have to take a person’s life?”

Nazri was speaking at a debate on promoting the abolition of the death penalty in Malaysia here.

The debate was organised by the European Union, the Malaysian Bar and the National Human Rights Commission (Suhakam).

Malaysia is one of the 58 countries that still have the death penalty. There are about 700 death row inmates languishing in prisons in the country.

Mass movement

Nazri, who is also Padang Rengas MP, also said that for the death penalty to be abolished, there has to be a mass movement from the public against it.

He also urged the audience to move for a moratorium (on the dealth penalty).

“I hope one day the government will abolish the death penalty and I hope it is soon,” he said.

Nazri also told the audience that it would be easier to lift the death penalty by abolishing it in drugs and arms possession cases where the capital punishment is mandatory (upon conviction).

He urged the audience to persuade their respective MPs to call for the abolition of the death penalty.

“See your MPs… the voices of the people will be reflected in the MPs.

“While I say I can do it (abolish the death penalty), I still need the support of the MPs so that I can argue the case in Cabinet.

“I cannot suddenly go and say we need a moratorium. I am your knight in armour but I need the support of other knight in armours (MPs) too,” he said.

But, he added that the challenge was in convincing the Muslim majority.

Blood money

Referring to an earlier video presentation on the death penalty, he said that the Muslims are in favour of the death penalty because they believe in the proverb, “an eye for an eye”.

Nazri added that the proponents of the death penalty should convince the Muslims in (practising) the concept of “blood money” under syariah law.

In Islam, the way out is blood money.

He explained that the victim’s family would offer forgiveness in return for compensation.

“This way you can move towards abolition [the death penalty] without infringing on Islam.”

He said that this right to forgive should then be passed on to the government so that death row inmates can have their penalty commuted to life sentence.

Nazri also justified the government’s decision to deport Hamza Kashgari, a 22-year-old Saudi Arabian journalist who faces the death sentence after twitting some remarks on Prophet Muhammad.

Malaysian authorities deported him back to Saudi Arabia after he landed here on transit to New Zealand.

“We don’t need an extradition agreement with Saudi Arabia because it is only needed when there are contentious issues between countries,” Nazri said, who added that Kashgari’s action was also seditious according to Malaysian law.

Later, Nazri said that Opposition Leader Anwar Ibrahim was afraid after he stated his support for Israel’s security in an interview in the US last month.

“Anwar is like a devil: when he falls he pulls the others as well. Israel’s security is not issue, Palestinian’s plight is,” he said.

Following the interview, Anwar accused former prime minister Dr Mahathir Mohamad of taking a pro-Israel stand in letters the latter wrote to the Israeli prime ministers.

Yesterday, the government released the contents of the letters addressed to Yitzhak Rabin, Benjamin Netanyahu and Ehud Barak.

Nazri said that as a former member of the Mahathir administration, he vouched for Mahathir’s consistent anti-Israel stand.- Free Malaysia Today, 1/3/2012, ‘Knight’ Nazri all for abolishing death penalty

Nazri: Oppose strongly if you want death penalty abolished (Star 2/3/2012)

KUALA LUMPUR: The Government is open to views on the death penalty but it would require strong opposition from the people to abolish it, said Minister in the Prime Minister's Department Datuk Seri Nazri Abdul Aziz.

He said the Government had shown its determination for reformation by abolishing some laws which were considered draconian in the past two years.

“Certainly, the death penalty is something you can discuss with the Government.

“There must be a mass movement and strong opposition from the people for us to abolish the death penalty.

“Otherwise, nothing will change,” he said at a debate to abolish the death penalty here yesterday.

“Personally, I am all for the abolition,” he said.

Nazri said the Malays and Muslims were rigid when it came to the death sentence as they believed it was an issue of an eye for an eye, adding that it was important to convince them that this was not so.

“In Islam, a murderer is provided a way out of the offence that he or she had committed by paying compensation or blood money' to the victims or their family members.

“The family has the right to say that the murderer should be spared,” said Nazri.

On the deportation of Saudi journalist Hamza Kashgari, Nazri said the Government would be hypocritical if it did not deport him because the death penalty was also implemented in Malaysia.

“It would have been inconsistent if we were one of the European Union countries.

“But the penalty is what we currently impose and we do not want to be looked upon as hypocritical,” he said.

Kashgari, 23, was arrested last month at KL International Airport at the request of Saudi Arabian authorities.

The columnist had posted a series of tweets on Prophet Muhammad that allegedly tantamount to blasphemy, an offence punishable by death. - Star, 2/3/2011, Nazri: Oppose strongly if you want death penalty abolished

Do not use ISA pending abolition - not promise to repeal & then use it 2 months later

September PM says ISA will be repealed - November new arrests under ISA.

They said they are going to repeal the ISA - and pending abolition they should not be using it - but this is Malaysia and we are talking about Barisan Nasional(BN) government and they can say a lot of things ....make promises and then just ignore it. One example is that in September 2009, this government said that the Employment Act will be amended to ensure that all domestic workers will be entitled to one rest day per week - and to date although Bills have been tabled at least 2 times - this promise of rest day for domestic workers is still not there. That is why also I do not believe any of the promises made by the Minister (the BN government) about the proposed amendments - they say they will do this and that ...and at the end of the day will not do..

Now, 13 are being arrested under the ISA - and I am sure that they could have been arrested under the Criminal Procedure Code. Note that in the Penal Code - preparation, incitement, etc to do an offence is also an offence. Thus, so easily can they be arrested, charged and tried. There is no need to use the ISA...

Now, there is another law so very similar to the ISA, i.e. Emergency Public Order and Prevention of Crime Ordinance, a Detention Without Trial law,  which they could so easily use - but why use ISA when the PM already said that this ISA will be repealed? Think about it...

Remember under the detention without trial laws, the police and the government can make any kind of allegation - and the detainee has no way of challenging this in court. So vague allegations can so easily be made - what about a 'White Paper' explaining the arrest and detention under the ISA? This was done before for Ops Lallang - so why not for all usage of DWT laws...

"...Malaysia's Prime Minister Najib Razak opened the door to major political changes in this Southeast Asian nation Thursday by saying the government would abolish a decades-old law that allows for detention without trial and pledging not to hold anybody in custody because of their political beliefs...Instead, the country's draconian Internal Security Act will be replaced by new legislation targeted at detaining terrorists. Mr. Najib also said newspapers and broadcasters would be able to operate indefinitely without renewing their license each year, as is the case now, unless those licenses are revoked...." - Wall Street Journal, 16/9/2011, Malaysian Leader Opens Door for Reforms-Najib Vows to End Harsh Security Law, Political Detentions

Police confirm 13 nabbed under 'to be repealed' ISA

5:03PM Nov 17, 2011

Inspector-general of police Ismail Omar today confirmed news reports that fresh arrests were made under the Internal Security Act 1960, which the government said will be repealed soon.

A total of 13 were taken in under the Act and not 10 or 11 as reported in today's mainstream newspapers, Ismail said in a brief statement.

"Our intelligence reports and investigation detected efforts to revive a militant movement in Sabah," he said.

Ismail added that the 13, consisting of seven Malaysians and six foreigners, were nabbed in an operation from Nov 14 to 16.

"The (individuals) were arrested under Section 73 (1) of the Internal Security Act 1960.

"If not curbed, their actions can threaten and undermine national security," he said.

Militant school teachers?

However, Gerakan Anti-ISA (GMI) in a statement earlier today said its sources claimed that up to 14 people could have been detained.

It listed the names of only 11, including two who appeared to be brothers - Muhd Adnan Umar (a tuition teacher at MJU Centre) and Muhd Abduh Umar (a lorry driver).

Among the others are SMK Kinabutan Islamic studies teacher Mohd Nazri Dollah, SMK Umar-umas teacher Bakar Baba, MJU Tuition Centre teacher Darto Bandu and poultry trader Yusof Saripuddin.

Also on GMI's list are newspaper distributors Faizal Hamma and Joni @ Muadz.

The NGO also said that the next-of-kin were informed a day after the arrests was made. - Malaysiakini, 17/11/2011, Police confirm 13 nabbed under 'to be repealed' ISA

Some responses of civil society:-

AMNESTY INTERNATIONAL
Press Release
17 November 2011

Malaysia: New ISA detentions show U-turn on reform promises

The Malaysian government must halt detentions under the draconian Internal Security Act (ISA), Amnesty International said today, after the authorities said they had used the law to detain 13 people this week.

Police arrested the detainees on 13 and 14 November in Tawau, a town in Sabah in eastern Malaysia. Seven are Malaysian, and the other six are foreign nationals.

The ISA, which allows for indefinite detention without charge or trial, has been used to imprison critics of the government and opposition politicians as well as suspected militants.

The detentions were the first since Prime Minister Najib Razak announced in September that his government would repeal the law and replace it with new security legislation.

“The Malaysian government has made a mockery of its plan to scrap the Internal Security Act by using it to detain people once again,” said Sam Zarifi, Asia Director at Amnesty International.
“Promises to abolish ISA detention are not enough. Prime Minister Najib needs to end it in practice.”


The inspector-general of police, Ismail Omar, today told state news agency Bernama that all 13 detainees are being held under Section 73(1) of the ISA. This provision allows for police to arrest anyone without warrant whom they believe might “act in any manner prejudicial to the security of Malaysia.”


The ISA is also contrary to international human rights standards including the right to be free from arbitrary detention and the rights to due process and a fair trial.

“If the Malaysian police have grounds to suspect these 13 detainees of a legitimate crime, they should charge them or else release them. Locking people up without charge or trial shows flagrant disrespect for the rule of law.”

Press Release : Recent ISA Arrest : Flagrant Hypocrisy of Najib’s Announcement on Malaysia Day

On this year’s Malaysia Day, Prime Minister Najib Razak surprised the nation by announcing that the draconian Internal Security Act 1960 (ISA) will be abolished in the hope of building a nation that “practices functional and inclusive democracy where peace and public order are safeguarded in line with the supremacy of the Constitution, the rule of law and respect for basic human rights”.

The announcement stands in stark contrast to the recent arrest of 11 individuals in Tawau, Sabah who have been accused of terrorism under the ISA despite Prime Minister’s undertaking that the draconian ISA to be abolished.

It is important to be reminded that allegations made against individuals under the ISA remain mere allegations no matter how serious the nature of the said allegations is. These individuals have not been given any opportunity to challenge their detention or the allegations as the ISA allows detention without trial and it denies the basic right of the detainees to be tried in court.

Lawyers For Liberty is appalled to learn the recent arrest under the ISA which clearly manifests flagrant hypocrisy of the announcement made on the historic Malaysia Day by Prime Minister Najib Razak. This recent arrest shows that Najib’s administration continues to commit this legalized injustice despite sitting on the UN Human Rights Council where pledges have been made that Malaysia would uphold the highest standards of human rights before its re-election to the Council in 2010.

The ISA allows detention without trial where the police have the power to arrest a person up to 60 days and the Home Minister may authorize further detention up to 2 years and the period may be further extended indefinitely. This draconian piece of legislation goes against the fundamental principle of the right to trial which has been guaranteed under the Constitution and crystalized in the Universal Declaration of Human Rights.

It is to be noted that there has been a trend to progressively reduce preventive detention powers and the ISA-like anti-terrorism laws do not exist in countries like the UK, Canada and Australia post 9/11.

The UN Working Group on Arbitrary Detention in its report dated 8 February 2011 stated that the ISA is no longer necessary to be in force in Malaysia since the Penal Code has been amended to make terrorism a specific offence.

Lawyers For Liberty condemns the continued use of preventive laws such as the ISA under the pretext of combatting terrorism as it is tantamount to a gross violation of human rights. There are sufficient laws in Malaysia to combat terrorism and it is the duty of the police to carry out effective investigation and intelligence work to fight terrorist activities which can be established under the existing laws and proved in court.

Lawyers For Liberty therefore demands the immediate release of all ISA detainees and the immediate abolition of the draconian ISA.

Lawyers For Liberty

17 November 2011

Immediate Media Release: 17 November 2011

Detention under the ISA: The lies and hypocrisy of the Government Exposed!

Abolish ISA Movement (GMI) and Suara Rakyat Malaysia (SUARAM) condemn the police and the Malaysian government for arresting 11 people from Tawau under the draconian Internal Security Act (ISA). According to our source, the actual number of individuals arrested is most likely 14 persons.

This heinous act is regrettable because it contradicts with the announcement of the Prime Minister of Malaysia on 15 September in respect of the repeal of the ISA. What is the rationale behind the detention? Is the Prime Minister of Malaysia trying to fool the people of Malaysia with his hypocritical attitude? The PM should be ashamed of this arrest!

According to our sources, the allegations against 11 individuals remain unclear and it is believed that they are associated with terrorism. Here are the names of the detained under the ISA on the 14th and 15th day of November 2011 (not official):

No	Name	Occupation
1	Mohd Nazri Bin Dollah	Religious teacher at SMK Kinabutan
2	Yusof Bin Saripuddin	Poultry dealer
3	Muhd Adnan Bin Umar	Teacher at MJU Tuition Centre
4	Muhd Abduh Bin Umar	Lorry driver
5	Adwan	Not Available
6	Faizal Bin Hamma	Newspapers Distributor
7	Joni @ Muadz	Newspapers Distributor
8	Azmi	Not Available
9	Suriadi	Not Available
10	Darto Bin Bandu	Teacher at MJU Tuition Centre
11	Bakar Bin Baba	Teacher at SMK Umas-umas

The arrest was conducted by police officers from the Department of Special Task Force (Operation Counter Terrorism) Bukit Aman headed by DSP Azman bin Omar. Family/next of kin of the individuals arrested were informed a day later that the arrest is under Section 73(1) AKDN 1960 (ISA).[T1] 

Arrest without warrant, without notice or informing spouses and children is too tragic. The conduct of the arrest is comparable to a robbery as the police officers were well-armed and seized several laptops and a sum of cash.

BN Cannot Live Without ISA

The new detentions confirm the doubts among Malaysians with regards to this repeal. Now it is proven that the announcement of the repeal is insincere and merely for Najib's political interests. ISA is a cruel act that allows for detention without trial, which contradicts with fundamental human rights principles.

The UMNO/BN government has indicated that it cannot sustain itself without the ISA. The UMNO/BN-led government requires a political tool to stay in power and create fear among Malaysians. The ongoing use of ISA has given a blow to the BN’s credibility for the next election as it still maintains the habit of cheating people by using the ISA on a confidential basis.

Abolish ISA Now!

We would also like to remind the Prime Minister that over the past few decades, thousands of people were detained without trial under the ISA not for what they did or said, but based on anonymous and often false accusations from third parties. People have been locked up for crimes that were not proven in a court of law and thousands were left to anguish in secret detention cells around the country over an indefinite period of time.

As such, SUARAM and GMI call upon the Prime Minister to abolish the Internal Security Act and release all the detainees while the abolition is pending. We also call upon the government to stop legislating laws which allows detention without trial and to deal the terrorism issues with the existing laws.

Released by

Nalini Elumalai

GMI Secretariat/SUARAM

019 3758912

Syed Ibrahim Syed Noh

Chairman GMI

013 3682067

GERAKAN MANSUHKAN ISA (GMI)

&

SUARA RAKYAT MALAYSIA (SUARAM)

Kenyataan Akhbar: 17 November 2011

Penahanan dibawah ISA: Pembohongan dan Hipokrasi   Kerajaan Terbongkar !

Gerakan Mansuhkan ISA (GMI) dan Suara Rakyat Malaysia (SUARAM) mengutuk tindakan polis dan kerajaan Malaysia kerana menahan 11orang dari Tawau dibawah Akta Keselamatan dalam Negeri (ISA). Angka ini adalah tidak rasmi kerana  ada sumber yang mengatakan angkanya kemungkinan 14 orang.

Tindakan terkutuk ini amat dikesali kerana ianya bercanggah dengan pengumuman Perdana Menteri Malaysia pada 15 September berkenaan dengan pemansuhan ISA. Apakah rasional disebalik penahanan? Adakah Perdana Menteri Malaysia cuba memperdayakan rakyat Malaysia dengan sikap hipokrasi beliau ? PM perlu berasa malu atas penangkapan ini!

Menurut sumber kami, setakat ini tuduhan keatas 11 orang ini masih tidak pasti dan dipercayai kemungkinan mereka dikaitkan dengan keganasan.

Berikut adalah nama-nama yang ditahan dibawah ISA pada 14 dan 15 haribulan November 2011 (Bukan rasmi):

Bil	Senarai Nama	Pekerjaan
1	Mohd Nazri Bin Dollah	Guru Agama SMK Kinabutan
2	Yusof Bin Saripuddin	Peniaga Ayam
3	Muhd Adnan Bin Umar	Guru Pusat Tuisyen MJU
4	Muhd Abduh Bin Umar	Pemandu Lori
5	Adwan
6	Faizal Bin Hamma	Pengedar Akhbar Harian
7	Joni @ Muadz	Pengedar Akhbar Harian
8	Azmi
9	Suriadi
10	Darto Bin Bandu	Guru Pusat Tuisyen MJU
11	Bakar Bin Baba	Guru Smk Umas-Umas

Tangkapan tersebut dilakukan oleh pegawai-pegawai polis dari Jabatan Pasukan Petugas Khas (Operasi Counter Terorism) Bukit Aman diketuai oleh DSP Azman bin Omar. Keluarga / Waris orang yang ditangkap dimaklumkan sehari kemudian yang mereka ditangkap di bawah Seksyen 73 (1) AKDN 1960 (ISA).

Penangkapan tanpa waran, tanpa notis atau dimaklumkan dilakukan di hadapan  isteri dan anak-anak terlalu tragis. Situasi ini dilakukan oleh pihak polis yang lengkap bersenjata dengan cara yang kasar bagai satu rompakan dan dirampas beberapa komputer riba (laptop) dan sejumlah wang tunai.

BN Tidak boleh Hidup Tanpa ISA

Penahanan terbaru ini mengesahkan kesangsian yang terdapat di kalangan rakyat Malaysia berkenaan pemansuhan ini. Kini ianya amat pasti bahawa pengumuman itu hanyalah untuk kepentingan politik Najib dan tidak serius dan jujur dalam memansuhkan akta zalim ini. ISA adalah akta yang zalim dan yang membenarkan penahanan tanpa bicara di mana ianya bercanggah dengan hak asasi manusia.

Kerajaan UMNO/BN memang tidak boleh bertahan tanpa ISA. Kerajaan UMNO/BN ini memerlukan alat politik ini terus berkuasa dan mewujudkan ketakutan di kalangan rakyat Malaysia.Tindakan penggunaan ISA sememangya telah memberikan satu tamparan kepada kerajaan BN dalam pilihan raya akana datang kerana masih menipu rakyat dengan masih menggunakan ISA secara rahsia.

Mansuhkan ISA Sekarang

Kami juga ingin mengingatkan Perdana Menteri bahawa sejak beberapa dekad yang lalu, beribu-ribu orang telah ditahan tanpa bicara di bawah ISA bukan untuk apa yang mereka lakukan atau berkata tetapi berdasarkan tuduhan tanpa bukti  dan sering palsu daripada pihak ketiga. Orang yang telah ditahan bukan untuk jenayah yang mereka lakukan atau dibuktikan di mana-mana mahkamah dan beribu-ribu dibiarkan merana di dalam sel-sel tahanan rahsia di seluruh negara.

Oleh itu, SUARAM dan GMI menyeru Perdana Menteri untuk  mansuhkan ISA dengan segera dan membebaskan semua tahanan. Kami juga menyeru kerajaan untuk menghentikan menggubal undang-undang yang membenarkan penahanan tanpa perbicaraan dan untuk menangani isu-isu keganasan dengan undang-undang  yang sedia ada.

Dikeluarkan oleh,

Nalini Elumalai

GMI Secretariat/SUARAM

019 3758912

Syed Ibrahim Syed Noh

Chairman GMI

013 3682067

'People must drive the change in death penalty' (NST)

before we can make any amendments, there must be a healthy debate about this. — Datuk Seri Mohamed Nazri Abdul Aziz minister in the prime minister’s department

KUALA LUMPUR: Society must push for the abolition of the death penalty, if that is what they want, Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz said yesterday. 

He said although he was for the abolition, there were few on the ground who agreed with him.

"There must be more efforts to create awareness. Even during parliamentary debates, the issue is barely raised when you compare it with issues like the Internal Security Act or the Emergency Ordinance which the government has decided to abolish. There is no urgency."

He said the government was open to the idea of making changes where the death penalty was concerned, but society must make enough of a stir to warrant it.

"It doesn't have to be like the ISA, where people demonstrated in the streets. There are more civil ways to do it. At the moment, there is no civil movement towards abolishing the death penalty."

Nazri said it would take a long time to change the acceptance of the death penalty.

"It's an emotional topic. You can see it in the way people react when they read about unwanted babies getting killed or of women being raped and murdered.

"People get angry and demand an eye for an eye, what more when you talk about wanting to spare the perpetrators."

He said this was reflected at a recent seminar to promote the abolition of the death penalty in Malaysia.

Instead of supporters coming in droves, the ones who showed up were those who demanded that the death penalty remain, he added.

In Malaysia, where the majority of crimes that warranted the mandatory death sentence revolved around drug trafficking and possession of firearms, Nazri said sentencing the perpetrators to death might not have much impact on society.

"But, it's emotional to the family members when the person sentenced to death had unknowingly become drug mules. There's always the probability that those caught are innocent."

For starters, Nazri said, the judiciary system could look at giving discretionary powers to judges in deciding whether the crime committed warranted a death sentence.

He said the death penalty had not proven much of a deterrence in reducing serious crimes in the country and the next best solution was to commute death to a life sentence in jail.

"But before we can make any amendments, there must be a healthy debate about this."

For example, he said, some people saw the death sentence as something that was prescribed by syariah from an Islamic point of view.

"There is a misconception that syariah is about 'an eye for an eye'. In the context of murder, syariah provides space for the family of the murdered kin to forgive or to ask for payment of blood money (compensation)."

He said the argument was that in Malaysian law, when there was a crime such as murder, the crime committed was not against the family of the murdered kin but against the crown (government).

"So, the choice of whether to spare or condemn the person's life is in the government's hands and no longer the family's.

"The government has a moral standing to forgive those who commit offences and it should be reflected in commuting it to a life sentence."

Nazri said it was important for the public, particularly non-governmental organisations, to call for the abolishment of the death penalty.

Several religious associations say the death penalty should be abolished following a thorough review.

Federation of Taoist Associations Malaysia president Tan Hoe Chieow said in Taoism, it was prohibited to take one's own life, let alone another.

"It is our belief that three feet above one's head, God is watching every action and decision we make in life."

He said Taoists believed in Judgment Day and that punishment or rewards would be meted out accordingly.

But he said the death penalty should be abolished only after reviewing if indeed it did not prove to be a deterrent to serious crimes.

Tan, who is also the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) president, said it was wise to consider the alternative punishments thoroughly before any abolition.

MCCBCHST executive councillor V. Harcharan Singh said most religions advocated compassion and forgiveness.

He said in Sikhism, there was no punishment till death as it was considered cruel to take one's life.

Malaysia Hindu Sangam former president Datuk A. Vythilingam said death sentences were carried out since the existence of ancient Hindu kingdoms.

In modern times, he said, the sentence should be carried out sparingly as it created an emotional uproar in society.

"Human beings naturally want to exact revenge for their hurt, hence they feel strongly about the death penalty.

"But an eye for an eye only makes the whole world blind."

Former Bar Council president Yeo Yang Poh said although there were pockets of people in society who believed that having a death penalty made for an effective deterrent, studies in other parts of the world showed that the crime rate did not drop because of it.

"The argument has been that no matter how good a system is, it will never be error-free.

"If it is found that someone was wrongfully jailed, he can be released. It is reversible. You can't say the same for someone wrongfully executed."

It was reported last year that there were 114 death sentences, with 744 persons on death row and one execution.

Some of the criminal offences that carry the death penalty include Section 121 of the Penal Code for waging war against the Yang di-Pertuan Agong, Section 364 for kidnapping or abducting in order to murder, Section 396 for gang robbery with murder and Section 39B of the Dangerous Drugs Act 1952 for drug trafficking, which comes with a mandatory death sentence.

According to the Global Overview on the Death Penalty for Drug Offences 2010 conducted by International Harm Reduction Association, 32 states provided the death penalty for drug-related offences.

Of these, Malaysia is one of 13 that have the mandatory death sentence. - New Straits Times, 1/11/2011, 'People must drive the change in death penalty'