Monday, November 21, 2016

SUHAKAM - Unacceptable use of Sosma against Maria

Unacceptable use of Sosma against Maria — Suhakam

Monday November 21, 2016
03:05 PM GMT+8

NOVEMBER 21 — The Human Rights Commission of Malaysia (Suhakam) wishes to underline its opposition to the use of the Security Offences (Special Measures) Act 2012 (Sosma), which it has objected to in the past.

Suhakam reiterates that the broad characterisation of “security offences” under Sosma now suggests that its ambit extends beyond terrorism offences.

The application of the Sosma to Maria Chin where she has been detained without charge and without trial in this instance, and her wellbeing and welfare unknown, cannot be accepted by a society that has a national conscience.

The government’s assurance in 2011 promised that “no individual will be arrested merely on the point of political ideology.” In Suhakam’s view, the preventive detention of Maria Chin is a misuse of the law, an abuse of the legal system and of law enforcement.

Suhakam advises the government to interpret in good faith and in accordance with their ordinary meaning, the laws in their context and in the light of their object and purpose.

Suhakam would like to see a situation where the overemphasis by the authorities on restrictions to the right to freedom of assembly is replaced by efforts to facilitate the right.

* Press statement from Tan Sri Razali Ismail, chairman of the Human Rights Commission of Malaysia (Suhakam) on November 21, 2016.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail Online.

- Malay Mail, 21/11/2016

Malaysia: Drop Charges and Release Bersih Organizers and Supporters - Maria Chin Abdullah and ...

Maria was arrested on 18/11/2016 allegedly under

and, thereafter we were informed that SOSMA special procedures/measures will be used, as opposed to the normal Criminal procedure which requires Magistrate's order for further remand beyond 24 hours for the purposes of investigation. Under SOSMA, person can be detained for a period up to 28 days without any need to get a remand order from the Magistrate. See following post for better understanding of SOSMA...SOSMA - not the new ISA and no death penalty...Let's understand SOSMA better?

We recall an earlier use of SOSMA -
OPRESSIVE LAWS: Repeal SOSMA & offences criminalizing activities ‘detrimental' democracy’ - MADPET (Malaysia Chronicle)

See below a media statement by several organisations...

Malaysia: Drop Charges and Release Bersih Organizers and Supporters

(Kuala Lumpur, November 21, 2016)—The Asian Forum for Human Rights and Development (FORUM-ASIA), Asia Pacific Forum on Women, Law and Development (APWLD), Fortify Rights, Human Rights Watch, the International Commission of Jurists (ICJ), and Southeast Asian Press Alliance (SEAPA), acting as international observers of the Bersih 5 rallies and related events, are calling on the Malaysian authorities to drop all charges against the Bersih organizers and activists. The authorities should return all items confiscated from the Bersih offices and stop making further arbitrary arrests in connection with these events. We consider these arrests to be violations of the rights to freedom of expression, peaceful assembly and association.

The Coalition for Clean and Fair Elections (or in Malay “Gabungan Pilihanraya Bersih dan Adil”), otherwise known as Bersih (which means “clean” in Malay), is a coalition formed in 2006 by Malaysian non-governmental organisations calling for free, clean, and fair elections. Since its founding, Bersih has organized four previous peaceful assemblies. These public assemblies have attracted support from thousands of Malaysians throughout the country and among Malaysians living abroad. In the past year, Bersih faced harassment from multiple sources, including the Malaysian Government, which has leveled charges against Bersih and its chair Maria Chin Abdullah for organizing and participating in peaceful activities.

To date, four Bersih organizing committee members and more than 20 pro-Bersih supporters are currently facing a range of criminal charges, including under Section 124(c), 147, 153 and 511 of the Penal Code and the Sedition Act. The arrests were made in the lead up to and after the Bersih 5 rallies that took place on November 19, 2016 in Kuala Lumpur and other locations in Malaysia.

In the afternoon of 18 November 2016, the day before the rally, Malaysian authorities raided the office of Bersih and arrested its chair Maria Chin Abdullah and secretariat manager Mandeep Singh. Members of the international observers’ team witnessed the raid, which took place over several hours and included the confiscation of computers, office equipment, and documents, including financial and payroll records.

Maria Chin Abdullah was arrested and detained on November 18 under the Security Offenses Special Measures Act 2012 (SOSMA). Her lawyer has confirmed that she will be detained for the full 28 days allowed under SOSMA. This is the first case where government authorities used SOSMA against a civil society representative. If convicted, she faces up to 15 years’ imprisonment. Maria Chin Abdullah is currently being held in an undisclosed detention center in solitary confinement. She was reportedly denied access to her lawyers and family during the first 48 hours of her detention. Her lawyers later on reported that Maria Chin Abdullah is being kept in a 15 feet by 8 feet windowless cell with no bed, concrete floors, and with two light bulbs kept on for 24 hours a day.

The observers are alarmed at the conditions of detention of Maria Chin Abdullah and the use of SOSMA to detain her. We call on the government of Malaysia to release her immediately. We believe that SOSMA is a law that violates human rights as it allows incommunicado detention for up to 48 hours, and detention without charge or judicial review for up to 28 days. We strongly urge the government of Malaysia to repeal SOSMA or substantially amend it so that it would be in compliance with international law and standards. During debates in Parliament considering passage of SOSMA, the government asserted that the purpose of this law is to protect peoples’ security, however, the authorities are instead using it to prevent the exercise of fundamental human rights, constituting an abuse of law.

At least 14 other pro-Bersih supporters were arrested on the day of the rally and on the days following. Many of those arrested were released after 48 hours but according to Bersih organizers, they expect authorities to undertake more arbitrary arrests in the next few weeks.

Malaysian authorities also arrested six members of the anti-Bersih “red-shirt” and “black shirt” groups. Among those arrested were Jamal Yunos and Ariffin Abu Bakar, leaders of the red shirts and black shirts, respectively. These anti-Bersih groups allegedly threatened and carried out physical assaults and attacks on members of the Bersih organizing committee, pro-Bersih supporters, and journalists in the weeks leading up to the day of the public assembly. While there was concern of potential attacks by these groups during the day of the public assembly, the team of international observers saw little presence of these groups and did not witness any major incidents.

These arrests violate international human rights standards. The Malaysia government should release all those arrested in connection with the Bersih 5 rallies immediately.

The UN Special Rapporteur on the right to freedom of peaceful assembly and association, Maina Kiai, also said in a statement on the arrests prior to the peaceful assembly that they are a “pre-emptive restriction of assembly rights.”

Despite the arbitrary arrests and pattern of harassment committed by the Malaysian authorities against the Bersih organizers, the international team of observers noted the overall peaceful nature of the Bersih 5 gatherings. Tens of thousands of Malaysians gathered at rallying points across Kuala Lumpur on the day of the rally. Several hundred pro-Bersih supporters also gathered in Kuching, Malaysia. The international team of observers noted the vigorous efforts on the part of the organizers of the rally to maintain peace and security throughout the day.

The international team of observers also saw the blockades set up by Malaysian authorities meant to prevent protesters from accessing the designated converging point, Dataran Merdeka (Independence Square). The observers witnessed the deployment of significant numbers of security forces at various locations along the planned route going to Dataran Merdeka. In some areas, authorities set up water cannons aimed at approaching Bersih protesters. The authorities also completely cordoned off access to the Dataran Merdeka.

The observers believe that these blockades posed an unwarranted interference on the participants’ right to peaceful assembly. We remind the Malaysian government that the UN Human Rights Council, in a 2013 resolution, urged States to “facilitate peaceful protests by providing protesters with access to public space and protecting them, where necessary, against any form of threat.” (UN Doc. A/HRC/22/L.10, para. 3, 18 March 2013)

The right to freedom of peaceful assembly is protected under international human rights law and standards, including Article 20 of the Universal Declaration of Human Rights. International law permits state authorities to restrict peaceful assemblies only where circumstances make it strictly necessary for limited purposes, and when certain specific conditions are met. The observer mission considers that none of these conditions apply or were present in the case of the Bersih rally.

The observers remind Malaysia of its obligation to protect the rights to freedom of peaceful assembly and expression in accordance with its constitution and international human rights law. The authorities should ensure future peaceful assemblies take place without undue interference.

We call on Malaysia to drop all charges against Bersih members and supporters and release all those detained immediately. All equipment confiscated as part of the unwarranted raid on Bersih’s office on November 18 should be immediately returned.

Finally, the observes noted and benefitted from sharing observations in the field with monitors from the Malaysian Bar Council, was also on hand to monitor and provide legal assistance if necessary, as well as the four commissioners and staff of the National Human Rights Commission (SUHAKAM) who were also monitoring the rallies.

Signed:

The Asian Forum for Human Rights and Development (FORUM-ASIA) Contact Pimsiri Petchnamrob, East Asia Programme Officer, pimsiri@forum-asia.org

Asia Pacific Forum on Women, Law and Development (APWLD). Contact Sanam Amin, Programme Officer, +66-95-853-7960, sanam@apwld.org

Fortify Rights. Contact Amy Smith, Executive Director, +601-12-359-7926, amy.smith@FortifyRights.org, Twitter @AmyAlexSmith

Human Rights Watch (HRW). Contact Phil Robertson, Deputy Asia Director, +66-85- 060-8406, RobertP@hrw.org, Twitter @Reaproy

International Commission of Jurists (ICJ). Contact Emerlynne Gil ICJ’s Senior International Legal Adviser for Southeast Asia, +66-84-092-3575; emerlynne.gil(a)icj.org

Southeast Asian Press Alliance (SEAPA). Contact Kathryn Raymundo, kathryn@seapa.org

Saturday, November 05, 2016

Malaysia delays abolition of death penalty pending further study by AG's Chamber (17/8/2016 Cabinet decision)

Media statement by Members of Parliament from the Democratic Action Party (DAP) and Parti Amanah Negara (AMANAH) on Thursday, November 3, 2016 in the Malaysian Parliament, Kuala Lumpur.

The government is finally committed to amend laws that gives discretionary powers to judges on the imposition of the death penalty and to expedite the implementation of a moratorium on all executions.

The 2017 Budget speech, once again saw Members of Parliament in the House reminding the government on its pledge to abolish the mandatory death penalty by amending the existing laws or to draft a new bill to grant discretionary powers to the courts, as well as on the urgency for a moratorium on all pending executions in the country.

The Minister in the Prime Minister's Department Dato Azalina stated that the government is conducting a comprehensive study on the death penalty, which includes taking into account the proposal that judges be given the discretion to impose the death penalty as well to implement a moratorium on all executions pending an amendment to the law.

The scope of the study will not only focus on the abolition of the mandatory death penalty but also the given choice of either the death penalty or life imprisonment. On August 17, 2016 a memorandum on the status and study on the abolition of the death penalty had been brought to the Cabinet and the Cabinet had collective agreed that the Attorney General's Chambers run a thorough study on this matter. After the study is complete, it will be brought back to the Cabinet for further consideration.

Given the age-old retentionist stand by the government on this matter, this move by the Minister in the Prime Minister's Department comes as a positive development because after such a long time and through constant pressure from various elected representatives, NGOs and the general public, the government is beginning to give some attention to the abolition of the death penalty and future ligislative amendments.

Pending a review by the Attorney General's Chambers, we as Parliamentarians, urge the federal government to impose a moratorium on all death sentences, as there are no legal provisions that fixes a date on executions from the time the court metes the decision. This is particularly crucial in cases of young offenders or drug mules found guilty under Section 39B of the Dangerous Drugs Act 1952.

According to the Minister in the Prime Minister's Department, the proposed moratorium would be brought to the Cabinet as soon as possible and this is a big step in the right direction to preserve humanity, compassion and the rule of law. As a sovereign nation, it is right and just to halt all executions pending an amendment in the law on the death penalty.

The end of 2016 will spell the end of Malaysia as a non-permanent member of the UN Security Council. Next, the country intends to become a member of the UN Human Rights Council when all memberships expire by the end of the year.

This should be the best platform for Malaysia to project its sincerity and determination to fix the erosion of human rights as well as to improve the nations reputation as a defender of human rights by making periodic and speedy amendments to laws on the death penalty.

The government is finally committed to amend laws that gives discretionary powers to judges on the imposition of the death penalty and to expedite the implementation of a moratorium on all executions.

M. Kulasegaran (Ipoh Barat)

Gobind Singh Deo (Puchong)

Liew Chin Tong (Kluang)

Ramkarpal Singh (Bukit Gelugor)

Hanipa Maidin (Sepang)

Kasthuri Patto (Batu Kawan)

________________________________________________________________

SPEECH BY MINISTER IN THE PRIME MINISTER'S DEPARTMENT

YB Dato' AZALINA ON 02/11/2016

(translated from Bahasa Malaysia)

The Member of Parliament of Kluang had raised the issue of the mandatory death penalty in which he which he suggested that judges be given the discretion to impose the death penalty. MP Kluang also suggested that a moratorium be implemented to suspend the death penalty until the study on the implementation of the death penalty in this country is complete. MP for Ipoh Barat and MP for Batu Kawan had also touched on the same issue, where questions on the status of the Bill on the abolition of the mandatory death penalty and when it will be tabled in Parliament.

For the information of all MPs, the Government is conducting a comprehensive study on the death penalty, including taking into account the proposal that judges be given discretionary powers to impose the death penalty.

The study would cover all provisions of the death penalty in place in the country and also its on implementation. This is done by taking into account all legal provisions existing in this country and a comparative study with the provisions of the law of another country.

The scope of the study is not only focused on the abolition of the mandatory death penalty but also the choice between the death penalty or life imprisonment.

The decision on the implementation of the death penalty in this country, either be repealed or maintained, is a policy matter to be decided by the government based on the results of the study.

On August 17, 2016 a memorandum was brought to the Cabinet on the studies conducted and the Cabinet decided that the Attorney General's Chambers to conduct a further study on the matter. Therefore, after the study is completed it will be brought back to the Cabinet for further consideration.

For the record, I also chaired a Committee meeting to discuss the implementation of the death penalty in Malaysia on 5 September 2016. The meeting included academics, representatives of the Bar Council, SUHAKAM (National Human Rights Institution) representatives, representatives of NGOs such as Amnesty International, representatives of the opposition and the Attorney General's Chambers as well as government agencies and other related parties. I congratulate the MP for Ipoh Barat who attended this meeting and for providing useful input. He has also long contributed his views on this matter with the former Law Minister Minister Dato' Seri Mohamed Nazri Abdul Aziz who had moved this agenda since some time back. This is what we want, a collaboration between all parties in this matter or any matter for the benefit of the people.

The Prime Minister himself has expressed his concern on this matter, particularly against young offenders or drug mules under Section 39B of the Dangerous Drugs Act 1952.

JAWAPAN MENTERI DALAM JABATAN PERDANA MENTERI

YB DATO AZALINA PADA 2/11/2016

Yang Berhormat Kluang pula telah membangkitkan mengenai isu hukuman mati mandatori di mana Yang Berhormat Kluang mencadangkan supaya hakim diberi budi bicara untuk menjatuhkan hukuman mati. YB Kluang juga mencadangkan supaya satu moratorium dilaksanakan bagi menangguhkan hukuman mati mandatori sehingga kajian berkenaan perlaksanaan hukuman mati di negara ini selesai. YB Ipoh Barat dan YB Batu Kawan juga telah menyentuh isu yang sama, di mana bertanya mengenai bila Rang Undang-Undang berkenaan pemansuhan hukuman mati mandatori dibentangkan di Parlimen

Untuk makluman Ahli Yang Berhormat, Kerajaan sedang menjalankan suatu kajian komprehensif berkenaan dengan isu hukuman mati termasuk mengambil kira cadangan supaya hakim diberi budi bicara untuk menjatuhkan hukuman mati.

Kajian merangkumi keseluruhan peruntukan hukuman mati yang dikuatkuasakan di negara ini dan juga pelaksanaannya. Kajian ini dibuat dengan mengambil kira semua peruntukan undang-undang yang sedia ada di negara ini dan kajian perbandingan dengan peruntukan undang-undang daripada negara lain.

Skop kajian tidak hanya tertumpu pada pemansuhan hukuman mati mandatori tetapi juga hukuman mati pilihan iaitu sama ada hukuman mati atau penjara seumur hidup.

Keputusan berhubung pelaksanaan hukuman mati di negara ini, sama ada akan dimansuhkan atau diteruskan, merupakan perkara dasar yang akan diputuskan oleh Kerajaan berdasarkan hasil kajian tersebut.

Untuk makluman lanjut Yang Berhormat juga, pada 17 Ogos 2016 yang lalu, satu Memorandum Jemaah Menteri berhubung status kajian tersebut telah dibawa ke Jemaah Menteri dan diputuskan untuk Jabatan Peguam Negara untuk membuat kajian lebih lanjut berhubung dengan perkara ini. Justeri itu, setelah kajian tersebut selesai ianya akan dibawa semula ke Mesyuarat Jemaah Menteri untuk pertimbangan selanjutnya.

Untuk makluman, saya juga telah mempengerusikan satu Mesyuarat Jawatankuasa Bagi Membincangkan Pelaksanaan Hukuman Mati di Malaysia pada 5 September 2016 yang lalu. Mesyuarat tersebut merangkumi ahli-ahli akademik, wakil Majlis Peguam Malaysia, wakil SUHAKAM, wakil NGO seperti Amnesty International, wakil pembangkang dan Jabatan Peguam Negara serta agensi-agensi kerajaan berkaitan yang lain. Tahniah juga kepada YB Ipoh Barat yang telah menghadiri mesyuarat ini serta memberikan input yang bermanfaat. Beliau juga telah lama menyumbang pandangan berkenaan perkara ini bersama Menteri yang menjaga Hal Ehwal Perundangan pada masa itu, iaitu Dato' Seri Mohamed Nazri bin Abdul Aziz yang telah menggerakan agenda ini sejak masa itu lagi. Ini yang kita mahukan, satu kerjasama antara semua pihak dalam perkara ini atau mana-mana perkara yang melibatkan rakyat.

YAB PM sendiri amat prihatin terhadap perkara ini khususnya terhadap pesalah-pesalah muda atau keldai-keldai dadah yang bawah Seksyen 39B Akta Dadah Berbahaya 1952.

Tuesday, October 11, 2016

Asean Moves Boldly To End Death Penalty (Bangkok Post, 10/10/2016)

# This was an opinion of Seree Nonthasoot, Thailand's representative to the AICHR, that was published by the Bangkok Post.

To mark World Day Against the Death Penalty today, Thailand and other members of the Association of Southeast Asian Nations (Asean) have reason to revisit and recommit efforts to abolishing capital punishment.

Much work remains to be done. Thailand, which has not executed anyone for seven years, and a few other Asean countries with capital punishment continue to hand down the death penalty on drug-related offences, which is unlikely to deter crime. It is the ultimate denial of the right to life and a violation of fundamental human rights.

Of the world's 198 countries, 102 have legally abolished the death penalty for all crimes. An additional 32 countries are abolitionist in practice since they have not executed anyone in the last 10 years and they have a policy or commitment not to carry out executions. Six countries reserve the death sentence only for the most serious crimes of culpable homicide and murders. Of the 58 countries that have not abolished the death penalty, just 25 carried out executions in 2015. However, of those 25 exceptions, four are member states of Asean. Thailand is not among them.

Though the death penalty is still on our statutes, no one has been executed since 2009. However, we still have prisoners sitting on death row and, following a ruling by the Supreme Administrative Court in July, those on death row may be held in shackles permanently.

Thailand is among the first group of countries that voted in 1948 to adopt the Universal Declaration of Human Rights. Article 3 of the UDHR states that "everyone has the right to life, liberty and security of person", while Article 5 confirms that "no one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment".

About half of those on death row in Thailand and a few other Asean countries are convicted of drug-related crimes. In accordance with Article 6 of the International Covenant on Civil and Political Rights (ICCPR) to which Thailand is a party, the death penalty should only be applicable in the case of the most serious crimes. Drug offences hardly fall under that category. I therefore support the initiative by the Thai Ministry of Justice to embark on the reform of drug offences such as those related to methamphetamine.

Crime determent has always been the rationale for handing down the death penalty. Empirical data proves this wrong. For example, drug use has been steadily on the rise in the region despite the death penalty. This clearly indicates that capital punishment does not work as a deterrent and it is time to reconsider it.

Studies carried out in different countries paint a consistent picture. The overwhelming majority of people who end up on death row are poor and not well-educated. They cannot afford proper legal counsel. Many, such as migrant workers, do not even understand the charges of which they are accused.

Further, many drug offenders are duped in the first place. They are executed for crimes they were not even aware of committing, often without even knowing the kingpins who planned their downfall. Once they are prosecuted, drug barons can easily recruit other vulnerable groups who are not aware of the grim fates they will be facing.

To tackle crime, we need to find ways to reduce it. Thailand's National Human Rights Plan of Action (2014-2018) which outlines a plan to abolish the death penalty is a promising step. It suggests an opportunity and an obligation for civil society to work harder to influence this movement and to do more to develop a regional aversion to the taking of life by the state. But much needs to be done.

At the regional level, Asean governments have formally set the community on a bold and clear 10-year direction of being "people-centred, people-oriented" as well as rule-based. What is happening now seems to be the opposite. We are seeing thousands of people in the region being summarily and extra-judicially executed for allegedly being involved in drug crimes.

A lesson from this alarming phenomenon is the dynamics of politics that can equally lead to progress or regress. We cannot afford to be complacent; even countries that have ratified the Optional Protocol to the ICCPR and have thus committed themselves to abolishing the death penalty can create fanciful ways to bypass that obligation and institute state-instructed and inspired programmes to kill their own people.

I welcome the recent formation of the Coalition on the Abolition of the Death Penalty in Asean (CADPA) among like-minded persons and groups to campaign for the end of the death penalty. CADPA has launched a campaign called "End Crime, Not Life", aiming to raise public awareness of the difficulties with the application of the death penalty and to focus on improving criminal justice systems.

It is time for all of us to stand up for a justice system that punishes offenders in a fair and appropriate manner. The region's people-centred and people-oriented vision must be underpinned by its drive towards abolishing the penalty.

# Seree Nonthasoot is Thailand's representative to the AICHR. This article expresses his personal views.

Source: Bangkok Post, 10/10/2016

Monday, October 10, 2016

Malaysiakini - Madpet hopes death penalty abolished by this time next year

Madpet hopes death penalty abolished by this time next year

Charles Hector Published 10 Oct 2016, 6:03 pm Updated 10 Oct 2016, 6:06 pm

On the 14th World Day Against the Death Penalty, Oct 10, 2016, Malaysians Against Death Penalty and Torture (Madpet) urges Malaysia to expedite the abolition of the death penalty, and to impose a moratorium on all executions against the death penalty.

Malaysia - on track toward abolition

Nancy Shukri, the then-minister in the Prime Minister’s Department, did say that she hoped to take her proposal to amend the Penal Code and abolish the mandatory death sentence to the Dewan Rakyat as early as March 2016. (The Malay Mail, Nov 17, 2015)

A few days before that, attorney-general 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. (The Malaysian Insider, Nov 13, 2016)

Malaysia was accorded a space of importance at the recent 6th World Congress Against the Death Penalty, organised in Oslo (Norway) from June 21 to 23, 2016, where the then-de facto law minister, Nancy Shukri, was expected make a positive announcement about Malaysia’s intention to abolish the death penalty.

Sadly, the minister could only confirm that Malaysia was still moving in that direction, but she could not be more specific about exactly when these proposed amendments would be tabled in Parliament.
Nancy told the World Congress that a government-backed study on the death penalty had been completed and a paper is being readied by the Attorney-General’s Chambers. The study was conducted by the International Centre For Law and Legal Studies (I-CeLLS). The consultant was then Professor Dr Roger Hood, Professor of Criminology and Emeritus Fellow of All Souls College Oxford. (The Star, June 22, 2016)

The minister also told Malaysiakini on the sidelines of the Sixth World Congress that the study had been completed about two months ago. (Malaysiakini, July 10, 2016)

Death penalty is no deterrent

Nancy Shukri had previously also said that empirical studies showed that the death penalty had not led to “the deterring effect that such a penalty was created”. (The Star, June 22, 2016)

This was consistent with the facts the then-home minister, Hishammuddin Hussein, revealed to the Malaysian Parliament in March 2012, which showed that police statistics for the arrests of drug dealers under Section 39B of the Dangerous Drugs Act 1952, which carries the mandatory death penalty, for the past three years (2009 to 2011) have shown an increase.

In 2009, there were 2,955 arrested under this section. In 2010, 3,700 people were arrested, whilst in 2011, there were 3,845 arrested. (Free Malaysia Today, March 19, 2012, ‘Death penalty not deterring drug trade’)

Malaysian Crime Prevention Foundation vice-chairperson Lee Lam Thye also did note in July 2013 that the death sentence had not deterred the drug trade.

Cases like that of Malaysian Umi Azlim Mohamad Lazim, 24, a graduate from a poor Malay family of rice farmers, and young Malaysian Yong Vui Kong who were once facing death for drug trafficking overseas, who since then had their sentences commuted, have opened the eyes of most Malaysians to the fact that many of the persons facing the death penalty for drug trafficking are really ‘mules’, many of whom are young people who have been tricked, or those who are financially disadvantaged.

They are certainly not the kingpins of drug trafficking, and certainly do not deserve to be hanged.

Mandatory death penalty

Currently in Malaysia, the death penalty is mandatory for about 12 offences, while about 20 other offences are punishable by a discretionary death penalty. Murder and Drug Trafficking carry the mandatory death penalty.

Likewise, the Firearms (Increased Penalties) Act 1971 provides for the mandatory death penalty if firearms are discharged with intent to cause death or hurt to any person, shall, notwithstanding that no hurt is caused for offences like extortion, robbery, kidnaping, house breaking or house trespass, and such mandatory death penalty would also increase the risk the death of victims and/or potential witnesses.

It is all the more important for the mandatory death penalty be abolished where no hurt/death results.
The mandatory death penalty must be totally abolished, and considering Malaysia is on the verge of abolishing the death penalty, especially the mandatory death penalty, it was most disturbing that Malaysia in 2016 have executed 4 persons, who were convicted for murder which carried the mandatory death penalty.

Gunasegar Pitchaymuthu, Ramesh Jayakumar and Sasivarnam Jayakumar were executed on March 25, 2016, whilst Ahmad Najib Aris was executed less than three weeks ago on Sept 23, 2016.

Immediate moratorium on all executions needed now

We recall that Edmund Bon Tai Soon, Malaysia’s current Asean Intergovernmental Commission on Human Rights (AICHR) representative, was reported saying ‘...Malaysia’s moratorium, I understand, is only for drug trafficking cases...’ (The Star, July 10, 2015). It must be noted that Human Rights Commission of Malaysia (Suhakam), also did reiterate on March 29, 2016 their recommendation that a moratorium on the use of the death penalty be put in place in Malaysia.

Madpet believes that there must a moratorium on executions of everyone, not just those convicted for drug trafficking.

Why the delay in the tabling of these amendments?

Madpet notes that Malaysia informed us that the study was completed in early April or May 2016, and all that is needed if for the Attorney-General’s Chambers to draft and thereafter submit the proposed amendments to be tabled by the government in Parliament, which we hope will happen soon in the upcoming Parliamentary session this October 2016.

Therefore,

Madpet urges Azalina Othman Said, who replaced Nancy Shukri in mid-July as the new de facto Law Minister, will expedite the tabling of the much needed amendments that will abolish the death penalty.

Madpet also urges that Malaysia to announce a moratorium on all executions, not just for drug trafficking, pending the tabling of amendments, that would see the abolition of mandatory death penalty, and hopefully also the abolition of the death penalty. As of May 16, 2016, there are 1,041 persons on death row.

Madpet also urges Malaysia to vote in favour of the upcoming United Nations General Assembly Resolution calling for a moratorium of executions pending abolition of the death penalty, or at the very least record a vote of abstention.

Madpet reiterates its urging for Malaysia to abolish the death penalty, and hopes that by the next World Day Against the Death Penalty, Malaysia will proudly stand amongst countries that have abolished the death penalty.

CHARLES HECTOR is coordinator, Malaysians Against Death Penalty and Torture (Madpet).

Source: Malaysiakini, 10/10/2016

Related post:-

HOPING THAT THERE WILL BE NO MORE DEATH PENALTY IN MALAYSIA BY THE NEXT WORLD DAY AGAINST DEATH PENALTY

FMT News - Hoping for an end to the death penalty in M’sia

Hoping for an end to the death penalty in M’sia

October 10, 2016

Despite the country being on the verge of abolishing the death penalty, it is most disturbing that in 2016 alone Malaysia executed four.

COMMENT

By Charles Hector

On October 10, 2016, the 14th World Day Against the Death Penalty, Malaysians Against Death Penalty and Torture (Madpet) calls on Malaysia to expedite the abolition of the Death Penalty, and to impose a moratorium on all executions against the Death Penalty.

Malaysia on track towards abolition

In a news report, Nancy Shukri, the then minister in the Prime Minister’s Department, did say she hoped to take her proposal to amend the Penal Code and abolish the mandatory death sentence to the Dewan Rakyat as early as March 2016.

A few days before that, in another news report, Attorney-General Apandi Ali said he would 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.

Malaysia was accorded a space of importance at the recent 6th World Congress Against the Death Penalty, organised in Oslo (Norway) from June 21-23, 2016, where the de facto Minister of Law, Nancy Shukri, was expected make a positive announcement about Malaysia’s intention to abolish the death Penalty. Sadly, the Minister could only confirm that Malaysia was still moving in that direction, but she could not be more specific about exactly when these proposed amendments would be tabled in Parliament.

Nancy told the World Congress that a government-backed study on the death penalty had been completed and a paper was being readied by the Attorney-General’s Chambers. The study was conducted by the International Centre For Law and Legal Studies (I-CeLLS). The consultant was then Professor Dr Roger Hood, Professor of Criminology and Emeritus Fellow of All Souls College Oxford.

The Minister also told news portal Malaysiakini at the sidelines of the Sixth World Congress that the study had been completed about two months ago.

Death penalty is no deterrent

Nancy Shukri previously also said that empirical studies showed that the death penalty had not led to “the deterring effect that such a penalty was created for.”

This was consistent with the facts the then Home Minister, Hishammuddin Hussein revealed to the Malaysian Parliament in March 2012, which showed that police statistics for the arrests of drug dealers under Section 39B of the Dangerous Drugs Act 1952, which carries the mandatory death penalty, for the past three years (2009 to 2011) have shown an increase. In 2009, there were 2,955 arrested under this section. In 2010, 3,700 people were arrested, whilst in 2011, there were 3,845 arrested.

Malaysian Crime Prevention Foundation vice-chairperson Lee Lam Thye also did note in July 2013 that the death sentence had not deterred the drug trade.

Cases like that of Malaysian Umi Azlim Mohamad Lazim, 24, a graduate from a poor Malay family of rice farmers, and young Malaysian Yong Vui Kong who were once facing death for drug trafficking overseas, who since then had their sentences commuted, have opened the eyes of most Malaysians of the fact that many of the persons facing the death penalty for drug trafficking are really ‘mules’, many of whom are young people who have been tricked, or those who are financially disadvantaged. They are certainly not the kingpins of drug trafficking, and certainly do not deserve to be hanged.

Mandatory death penalty

Currently in Malaysia, the death penalty is mandatory for about 12 offences, while about 20 other offences are punishable by a discretionary death penalty. Murder and Drug Trafficking carry the mandatory death penalty.

Likewise, the Firearms (Increased Penalties) Act 1971 provides for the mandatory death penalty if firearms are discharged with intent to cause death or hurt to any person, shall, notwithstanding that no hurt is caused for offences like extortion, robbery, kidnaping, house breaking or house trespass, and such mandatory death penalty would also increase the risk the death of victims and/or potential witnesses. It is all the more important for the mandatory death penalty to be abolished where no hurt/death results.

The mandatory death penalty must be totally abolished, and considering Malaysia is on the verge of abolishing the death penalty, especially the mandatory death penalty, it was most disturbing that Malaysia in 2016 executed four persons, who were convicted for murder which carried the mandatory death penalty. Gunasegar Pitchaymuthu, Ramesh Jayakumar and Sasivarnam Jayakumar were executed on March 25, whilst Ahmad Najib Aris was executed less than three weeks ago on Sept 23.

Immediate moratorium on all executions needed now

We recall that Edmund Bon Tai Soon, Malaysia’s current AICHR (Asean Intergovernmental Commission on Human Rights) representative, was reported saying: “…Malaysia’s moratorium, I understand, is only for drug trafficking cases…” It must be noted that Human Rights Commission of Malaysia (Suhakam), also did reiterate on March 29 their recommendation that a moratorium on the use of the death penalty be put in place in Malaysia.

Madpet believes that there must be a moratorium on executions of everyone, not just those convicted for drug trafficking.

Why the delay in the tabling of these amendments?

Madpet notes that Malaysia informed us that the study was completed in early April or May this year, and all that was needed was for the Attorney-General’s Chambers to draft and thereafter submit the proposed amendments to be tabled by the Government in Parliament, which we hope will happen soon in the upcoming Parliamentary session this October.

Therefore…

Madpet urges Azalina Othman, who replaced Nancy Shukri in mid-July as the new de facto Minister of Law, to expedite the tabling of the much needed amendments that will abolish the death penalty.

Madpet also urges that Malaysia announce a moratorium on ALL executions, not just for drug trafficking, pending the tabling of amendments, that would see the abolition of the mandatory death penalty, and hopefully also the abolition of the death penalty. As of May 16, there are 1,041 persons on death row.

Madpet also urges Malaysia to vote in favour of the upcoming United Nations General Assembly Resolution calling for a moratorium on executions pending abolition of the death penalty, or at the very least record a vote of abstention.

Madpet reiterates its call for Malaysia to abolish the death penalty, and hopes that by the next World Day Against the Death Penalty, Malaysia will proudly stand amongst countries that have abolished the death penalty.

Charles Hector is spokesman for Malaysians Against Death Penalty and Torture (Madpet).

With a firm belief in freedom of expression and without prejudice, FMT tries its best to share reliable content from third parties. Such articles are strictly the writer’s personal opinion. FMT does not necessarily endorse the views or opinions given by any third party content provider.

FMT News, 10/10/2016

* See full statement, with reference to news reports, being the basis for some of the assertions contained in the statement.

HOPING THAT THERE WILL BE NO MORE DEATH PENALTY IN MALAYSIA BY THE NEXT WORLD DAY AGAINST DEATH PENALTY

Malay Mail - Hoping that there will be no more death penalty in Malaysia by the next World Day Against the Death Penalty — MADPET

Hoping that there will be no more death penalty in Malaysia by the next World Day Against the Death Penalty — MADPET

OCTOBER 10 — Today, on the 14th World Day Against the Death Penalty, MADPET (Malaysians Against Death Penalty and Torture) calls on Malaysia to expedite the abolition of the Death Penalty, and to impose a moratorium on all executions against the Death Penalty.

Malaysia — On track towards abolition

Datuk Nancy Shukri, the then minister in the Prime Minister’s Department, did say that she hoped to take her proposal to amend the Penal Code and abolish the mandatory death sentence to the Dewan Rakyat as early as March 2016.( Malay Mail, 17/11/2015)

A few days before that, the 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. (Malaysian Insider, 13/11/2016)

Malaysia was accorded a space of importance at the recent 6th World Congress Against the Death Penalty, organised in Oslo (Norway) from 21 to 23 June 2016, where the de facto Minister of Law, Nancy Shukri, was expected make a positive announcement about Malaysia’s intention to abolish the death penalty. Sadly, the Minister could only confirm that Malaysia was still moving in that direction, but she could not be more specific about exactly when these proposed amendments would be tabled in Parliament.

Nancy told the World Congress that a government-backed study on the death penalty had been completed and a paper is being readied by the Attorney General’s Chambers. The study was conducted by the International Centre For Law and Legal Studies (I-CeLLS). The consultant was then Professor Dr Roger Hood, Professor of Criminology and Emeritus Fellow of All Souls College Oxford.(Star, 22/6/2016).

The Minister also told Malaysiakini at the sidelines of the Sixth World Congress that the study had been completed about two months ago (Malaysiakini, 10/7/2016).

Death penalty is no deterrent

Nancy Shukri had previously also said that empirical studies showed that the death penalty had not led to “the deterring effect that such a penalty was created”. (Star, 22/6/2016)

This was consistent with the facts the then Home Minister, Datuk Seri Hishammuddin Hussein revealed to the Malaysian Parliament in March 2012, which showed that police statistics for the arrests of drug dealers under Section 39B of the Dangerous Drugs Act 1952, which carries the mandatory death penalty, for the past three years (2009 to 2011) have shown an increase. In 2009, there were 2,955 arrested under this section. In 2010, 3,700 people were arrested, whilst in 2011, there were 3,845 arrested. (Free Malaysia Today, March 19, 2012, ‘Death penalty not deterring drug trade’).

Malaysian Crime Prevention Foundation vice-chairperson Tan Sri Lee Lam Thye also did note in July 2013 that the death sentence had not deterred the drug trade.

Mandatory death penalty

Likewise, the Firearms (Increased Penalties) Act 1971 provides for the mandatory death penalty if firearms are discharged with intent to cause death or hurt to any person, shall, notwithstanding that no hurt is caused for offences like extortion, robbery, kidnaping, house breaking or house trespass, and such mandatory death penalty would also increase the risk the death of victims and/or potential witnesses. It is all the more important for mandatory death penalty be abolished where no hurt/death results.

Mandatory death penalty must be totally abolished, and considering Malaysia is on the verge of abolishing the death penalty, especially the mandatory death penalty, it was most disturbing that Malaysia in 2016 have executed four persons, who were convicted for murder which carried the mandatory death penalty. Gunasegar Pitchaymuthu, Ramesh Jayakumar and Sasivarnam Jayakumar were executed on March 25, 2016, whilst Ahmad Najib Aris was executed less than three weeks ago on September 23, 2016

Immediate moratorium on all executions needed now

We recall that Edmund Bon Tai Soon, Malaysia’s current AICHR (Asean Intergovernmental Commission on Human Rights) representative, was reported saying ‘…Malaysia’s moratorium, I understand, is only for drug trafficking cases…’ (Star, 10/7/2015). It must be noted that Human Rights Commission of Malaysia (SUHAKAM), also did reiterate on 29 March 2016 their recommendation that a moratorium on the use of the death penalty be put in place in Malaysia.

MADPET believes that there must a moratorium on executions of everyone, not just those convicted for drug trafficking.

Why the delay in the tabling of these amendments?

MADPET notes that Malaysia informed us that the study was completed in early April or May 2016, and all that is needed if for the Attorney Generals Chambers to draft and thereafter submit the proposed amendments to be tabled by the Government in Parliament, which we hope will happen soon in the upcoming Parliamentary session this October 2016.

THEREFORE,

MADPET urges the Datuk Seri Azalina Othman, who replaced Nancy Shukri in mid-July as the new de facto Minister of Law, will expedite the tabling of the much needed amendments that will abolish the death penalty.

MADPET also urges that Malaysia to announce a moratorium on ALL executions, not just for drug trafficking, pending the tabling of amendments, that would see the abolition of mandatory death penalty, and hopefully also the abolition of the death penalty. As of May 16, 2016, there are 1,041 persons on death row.

MADPET also urges Malaysia to vote in favour of the upcoming United Nations General Assembly Resolution calling for a moratorium of executions pending abolition of the death penalty, or at the very least record a vote of abstention.

MADPET reiterates its call for Malaysia to abolish the death penalty, and hopes that by the next World Day Against the Death Penalty, Malaysia will proudly stand amongst countries that have abolished the death penalty.

* This statement is submitted by Charles Hector for and on behalf of MADPET (Malaysians Against Death Penalty and Torture).

** This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail Online.

Source: Malay Mail Online, 10/10/2016

Sunday, October 09, 2016

MP Kasthuri Patto - World Day Against DP Statement

Media statement by Member of Parliament for Batu Kawan and Publicity Secretary for Wanita DAP Kasthuri Patto on Monday 10 October 2016 to commemorate the 14^th World Day Against Death Penalty campaign organised by Amnesty International in KL & Selangor Chinese Assembly Hall, Kuala Lumpur.

Malaysia has 4 years left to find its moral compass to end crime, not life if it wants to be respected in the eyes of other progressive, democratic nations.

Today, 10^th October is the 14^th World Day Against Death Penalty and currently in Malaysia, according to a parliamentary reply last year, 629 Malaysians and 413 foreigners are currently awaiting executions on our very own soil.

To date, 103 countries have abolished the death penalty for all crimes, 6 for ordinary crimes, 31 as abolitionists in practice and 140 countries that have removed capital punishment in law and practice. To date, 58 are still retentionist countries.

Malaysia, a country in its 59^th year of independence, is sadly still a retentionist country along with other nations that are facing civil wars, rotting human rights standards, gross social and economic inequalities, high crime rates including sexual violence against women and children and human trafficking, slavery, corruption and mismanagement of public funds.

The most recent statement by the former law minister of Malaysia Nancy Shukri, stated that after 3 years of research by the International Centre for Law and Legal Studies (I-Cells), and the recommendations by the study would be put forth by cabinet soon. However her statement clearly shifted the goal post by now pinning the reason for delay was also that of the public opinion calling for “an eye for an eye”. This, once again has thrown the spanner in the works and the cabinet is silent (again) on abolishing the mandatory death penalty.

If the Malaysian government feels that the death penalty is a deterrent to crime, then it should reflect on the other countries that it is lumped together with, namely Afghanistan, Bahrain, Bangladesh, Botswana, China, Democratic Republic of the Congo, Cuba, Egypt, India, Indonesia, Iran, Iraq, Japan, Jordan, Kuwait, Lebanon, Libya, Nigeria, North Korea, Oman, Pakistan, Palestine (State of), Qatar, Saudi Arabia, Singapore, Somalia, South Sudan, Sudan, Syria, Taiwan, Thailand, Trinidad And Tobago, Uganda, United Arab Emirates, United States Of America, Viet Nam, Yemen and Zimbabwe. Not shockingly, according to the United Nations Office on Drugs and Crime statistical reports, National Crime Index Reports, reports on National Corruption and reports of non-government paramilitary actions, some of the nations that have the highest crime rates also have the death penalty used with the intention to deter crimes. These countries like Trinidad and Tobago, Nigeria, South Sudan are retentionist countries and yet are listed as some of the most dangerous countries in the world this year.

The government had expressed its intentions to abolish the mandatory death penalty last year in November but it is coming to a year now and no amendments have been tabled yet including what will be in this October's sitting.

With the occurrence of crime increasing by the day, be it murders, kidnapping, drug smuggling, child abuse, rape, extortion, burglary, and terrorist-linked activities, it is high time the Home Ministry and the Attorney General's chambers put their heads together to reevaluate initiatives, alphabet-soup programmes as well as crime-combating activities to reduce crime in Malaysia.

Of course, ending crime is a rather utopian concept to many sceptics out there, but it should not deter Malaysians and the Malaysian authorities to work towards it.

After all, is Malaysia not 4 years away from being a developed nation in year 2020?

Clearly, the death penalty has NOT deterred crime in Malaysia and nether should it be a regarded as a solution to reducing crime in the nation.

Malaysia has 4 years left to find its moral compass to end crime, not life if it wants to be respected in the eyes of other progressive, democratic nations.

Kasthuri Patto

Member of Parliament for Batu Kawan

Democratic Action Party

HOPING THAT THERE WILL BE NO MORE DEATH PENALTY IN MALAYSIA BY THE NEXT WORLD DAY AGAINST DEATH PENALTY

Media Statement:- 10/10/2016

HOPING THAT THERE WILL BE NO MORE DEATH PENALTY IN MALAYSIA BY THE NEXT WORLD DAY AGAINST DEATH PENALTY

- Waiting Since March 2016 For The Tabling Of Law That Will Abolish Death Penalty -

On October 10, 2016, the 14th World Day Against the Death Penalty, MADPET (Malaysians Against Death Penalty and Torture) calls on Malaysia to expedite the abolition of the Death Penalty, and to impose a moratorium on all executions against the Death Penalty.

MALAYSIA – ON TRACK TOWARDS ABOLITION

Nancy Shukri, the then minister in the Prime Minister’s Department, did say that she hoped to take her proposal to amend the Penal Code and abolish the mandatory death sentence to the Dewan Rakyat as early as March 2016.( Malay Mail, 17/11/2015)

Malaysia was accorded a space of importance at the recent 6th World Congress Against the Death Penalty, organised in Oslo (Norway) from 21 to 23 June 2016, where the de facto Minister of Law, Nancy Shukri, was expected make a positive announcement about Malaysia’s intention to abolish the death Penalty. Sadly, the Minister could only confirm that Malaysia was still moving in that direction, but she could not be more specific about exactly when these proposed amendments would be tabled in Parliament.

The Minister also told Malaysiakini at the sidelines of the Sixth World Congress that the study had been completed about two months ago (Malaysiakini, 10/7/2016).

DEATH PENALTY IS NO DETERRENT

Nancy Shukri had previously also said that empirical studies showed that the death penalty had not led to “the deterring effect that such a penalty was created”. (Star, 22/6/2016)

Malaysian Crime Prevention Foundation vice-chairperson Lee Lam Thye also did note in July 2013 that the death sentence had not deterred the drug trade.

MANDATORY DEATH PENALTY

Likewise, the Firearms (Increased Penalties) Act 1971 provides for the mandatory death penalty if firearms are discharged with intent to cause death or hurt to any person, shall, notwithstanding that no hurt is caused for offences like extortion, robbery, kidnaping, house breaking or house trespass, and such mandatory death penalty would also increase the risk the death of victims and/or potential witnesses. It is all the more important for mandatory death penalty be abolished where no hurt/death results.

Mandatory death penalty must be totally abolished, and considering Malaysia is on the verge of abolishing the death penalty, especially the mandatory death penalty, it was most disturbing that Malaysia in 2016 have executed 4 persons, who were convicted for murder which carried the mandatory death penalty. Gunasegar Pitchaymuthu, Ramesh Jayakumar and Sasivarnam Jayakumar were executed on 25/3/2016, whilst Ahmad Najib Aris was executed less than 3 weeks ago on 23/9/2016.

IMMEDIATE MORATORIUM ON ALL EXECUTIONS NEEDED NOW

We recall that Edmund Bon Tai Soon, Malaysia’s current AICHR (ASEAN Intergovernmental Commission on Human Rights) representative, was reported saying ‘…Malaysia’s moratorium, I understand, is only for drug trafficking cases…’ (Star, 10/7/2015). It must be noted that Human Rights Commission of Malaysia (SUHAKAM), also did reiterate on 29 March 2016 their recommendation that a moratorium on the use of the death penalty be put in place in Malaysia.

MADPET believes that there must a moratorium on executions of everyone, not just those convicted for drug trafficking.

WHY THE DELAY IN THE TABLING OF THESE AMENDMENTS?

THEREFORE,

MADPET urges the Datuk Seri Azalina Othman, that replaced Nancy Shukri in mid-July as the new de facto Minister of Law, will expedite the tabling of the much needed amendments that will abolish the death penalty.

Charles Hector

For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)