MADPET is for the Abolition of Death Penalty, an end of torture and abuse of rights by the police, an end to death in custody, an end to police shoot to kill incidents, for greater safeguards to ensure a fair trial, for a right to one phone call and immediate access to a lawyer upon arrest, for the repeal of all laws that allow for detention without trial and an immediate release of all those who are under such draconian laws.
* All governments starting with BN, then PH Plus and now the PN-BN-GPS Plus governments are all moving towards the abolition of death penalty. BN stands out, by the abolition of the mandatory death penalty for Drug Trafficking. Whilst, the other more recent 2 governments failed to act in amending the law.
* 2 kinds of Death Penalty which State carries out. 1st is where an accussed, tried, convicted, sentenced to death and hung. The 2nd is EXTRAJUDICIAL KILLING where the State and state agents kill 'suspects' - hence without according the right to a fair trial. MADPET calls for the abolition of both kinds of death penalty.
* Pardon Powers rest with State Rulers, and today different states are ruled by different political parties/coalitions. After sentencing, the King or State Ruler can pardon and commute the death sentence into imprisonment - but alas, the lack of pardons by the different States, despite an acknowledgement that many in death row for drug trafficking are mere 'mules', sometimes people 'conned' Why did Pakatan Harapan Plus, Warisan, BN or PAS state governments pardon such persons commuting the sentence to imprisonment.
* Remember a former BN Minister, convicted of murder and sentenced to death was pardon the 1st time resulting the commutation of sentence from death to life imprisonment. Then, there was a second pardon that saw him released from prison. [Is this a discrimination in favour of politicians? Do ordinary people don't matter?]
Abolish death penalty, suspend pending executions, say groups, MP
The
groups have urged the federal and state governments to push for the
Rulers to grant pardons and commute the sentences of those on death row.
(AFP pic)
PETALING JAYA: Two groups and an MP have spoken up on the need to
abolish capital punishment and for a moratorium on all pending
executions until a decision is made by the government on this.
In their statements in conjunction with the World Day Against the
Death Penalty today, they said it had been proven globally that this
punishment had failed to deter criminals.
In recognition of this year’s theme, “Women sentenced to or facing
the death penalty”, Batu Kawan MP Kasthuri Patto highlighted the 129
women on death row in Malaysia as of last year, adding that this was
about 16% of all the women sentenced to death globally.
“Of the 144 countries that have abolished the death penalty in
practice and law, Malaysia remains one of the few countries among the 51
that still believe that executing people will cause crime rates to
reduce, to act as a deterrent or, worse, for justice to be served.
Kasthuri Patto.
“Over the years, the number of men and women on death row in Malaysia
has increased. But there is no sign of a reduction, with the crime rate
still remaining high.”
She said that while abolition rarely received overwhelming support,
the government must not avoid the issue in favour of “fame and
popularity”, and must invest tirelessly in reforms to prevent the crimes
that have long been punished with the death penalty, like drug
trafficking offences.
Malaysians Against Death Penalty and Torture (Madpet) meanwhile said
that while positive progress had been made towards that end, such as the
country voting in December 2020 for a moratorium on the use of capital
punishment at the United Nations General Assembly, more work still needs
to be done in pursuit of total abolition.
It called on the federal and state governments to push for the Rulers
to grant pardons and commute the sentences of those on death row until
all forms of capital punishment — mandatory and discretionary — can be
officially abolished.
The group also said that inquiries must be conducted into cases where
police kill a suspect to determine whether it was an “indirect death
penalty” performed by the state or its agents.
It said while the last three governments had made some improvements,
they were not as wide-reaching and comprehensive as many had hoped for,
and called upon the new government to “finally abolish the death
penalty, and until then continue to maintain a moratorium on
executions”.
The Human Rights Commission of Malaysia (Suhakam) reiterated its call
for an end to executions too, “in line with the belief in a person’s
fundamental right to life”.
It encouraged the government to follow through on its plans to scrap
the death penalty, as stated by former law minister Liew Vui Keong, who
in 2019 said a bill to do so was being prepared for tabling in
Parliament.
The group called for the release of the report and recommendations
developed by the special committee, established by the late Liew, to
allow legislators and policy makers to do what’s necessary to expedite
an end to capital punishment.
“Further, Suhakam encourages the initiative announced by the
government in 2020, to set up a Law Reform Commission to study existing
laws as well as sentencing procedures and, if found to be outdated or
archaic, to recommend for the necessary amendments or repeal, thereby
enabling Malaysia to be in line with international human rights
standards.” - FMT, 10/10/2021
Media Statement – 1/10/2021 (World
Day against The Death Penalty)
BN, PH Plus and BN-PN-GPS governments and the Abolition of Death Penalty
in Malaysia
Extrajudicial killings is also a death penalty
On the occasion of World Day
Against the Death Penalty (10th October), MADPET (Malaysians Against
Death Penalty and Torture) notes positively the change in the Malaysian
position to now be inclined towards the abolition of the death penalty.
On Dec 16 2020, Malaysia voted in
support of the resolution calling for a moratorium on the use of the death
penalty at the United Nations General Assembly (UNGA). The UNGA adopted the
resolution with 123 votes in favour, 38 against and 24 abstentions. The global
trend indicates growing support for abolition.
Barisan Nasional Rule
During the Barisan Nasional(BN)
rule under the then Prime Minister Najib Razak, the then Minister in the Prime
Minister's Department Datuk Seri Azalina Othman, the de facto Law Minister,
during the Parliamentary session on 2/11/2016 clarified that Malaysia was not
just looking at abolishing the mandatory death penalty, but all death penalty.
The BN government then acted to
remove the absolute mandatory death penalty for the offence of drug trafficking
vide an amendment of the Dangerous Drugs Act 1952 that came into force on 15/3/2018.
Now, judges could sentence those convicted to death or to imprisonment for life
(plus whipping of not less than fifteen strokes). However, the alternate to
death penalty was available only if limited conditions were fulfilled, one of
which was ‘that the person convicted has assisted an enforcement agency in
disrupting drug trafficking activities within or outside Malaysia…’, whereby this
draconian condition undermines also one’s right to a fair trial, which include
the right to 2 appeals. Full judicial discretion when it comes to sentencing is
still being curtailed, but it was better than before when only death penalty if
convicted of drug trafficking.
Pakatan Harapan Plus Rule
During the Pakatan Harapan Plus(PH
Plus) rule, there was first talks about abolition of death penalty, and later just
about the abolition of the mandatory death penalty but at the end of their time
in power, sadly there was not even a Bill tabled towards abolition of the death
penalty.
It was announced on October 10
2018 (being also the World Day Against the Death Penalty), that the Malaysian
Cabinet had reached a consensus (a collective decision) that the death penalty
for 33 offences as provided for under eight Acts of law would be abolished, and
this was again reiterated several times(Straits Times, 13/11/2018).
However, on 13/3/2019, it was
reported that Deputy Minister in the Prime Minister’s Department Mohamed Hanipa
Maidin in Parliament said that the ‘…the government will only repeal the
mandatory death penalty...’ for 11 criminal offences. (NST, 13/3/2019)
The change in position from total
abolition to death penalty, to just abolishing the mandatory death penalty may
have sadly been because of a knee-jerk response to political actions initiated
by the then Opposition, for example the ‘‘MCA Youth against Abolition of the
Death Penalty’’ campaign that started on 20 Nov 2018.
It is disturbing when a
government’s principled position and/or promises, can so easily change simply
because of a questionable worry of possible loss of political support that may
affect future elections. When the French
National Assembly voted to abolish the death penalty 40 years ago, more than 60
percent of the population still backed capital punishment. But the then
president François Mitterrand and the government stood by their position, no
matter the political cost.
Perikatan-BN-GPS Plus Rule
When the Perikatan
Nasional(PN)-BN Plus came into power, to date there is still no Bills tabled to
bring about the abolition of the death penalty, or even just the mandatory
death penalty. Malaysia, under this government, continued to vote in favour of
UNGA resolution calling for a moratorium on executions pending abolition of the
death penalty.
Now, we have a new UMNO Prime
Minister, heading a BN-Perikatan-GPS plus coalition government, and we hope
that this government finally do the needed to abolish the death penalty, and
until then continue to maintain a moratorium on executions.
Death Row
Malaysia has a very large number
of persons on death row. An Amnesty International report disclosed that in
early 2019, there were 1281 persons on death row, including 141 women. Today,
the numbers will be even higher.
Getting statistics from
government is very difficult, and the normal method is if a Member of
Parliament or Senator ask a Parliamentary Question. MADPET calls for the
Malaysian government to be transparent, and reveal statistics of death row
prisoners, and even crimes committed at least once every quarter.
The then amendment to the Dangerous
Drugs Act 1952(DDA), that abolished mandatory death penalty, failed to address
the issue of persons who committed the offence before the amendment came into
force, and those that were on death row. Note that amendment came about after a
realization that most on death row are ‘mules’, not the ‘kingpins’ of the drug
trafficking trade, and as such ‘mules’ or persons conned should justly not be sentenced
to death. The position that led to the amendment of the DDA should have
resulted in pardons of many on death row, commuting their death sentence to
imprisonment.
Pardon powers with King and State Rulers
In Malaysia, the King have the
power to pardon if the offence was committed in Federal Territories only, and
with regard to offences committed in States, then the ‘…Ruler or Yang di-
Pertua Negeri of a State has power to grant pardons..’.
As many of the States are ruled
by the Opposition, the question is why these State government failed to move
the State Rulers to pardon and commute death sentences to prison terms for
those on death row for offences committed in his State. Lack of transparency
makes it difficult to conclude the numbers on death row inmates for offences
committed in a particular state, or even the number of death row inmates that
have applied for pardon, and the number
who had been successful or otherwise.
In 1983, the late Datuk Mokhtar
Hashim, then Culture, Youth and Sports Minister received the death penalty for
the murder of Datuk Taha Talib, the state assemblyman for Tampin, In 1984 he
received a ‘royal pardon’ when his death sentence was commuted to life
imprisonment, and thereafter in 1991 another ‘royal pardon’ set him free from
prison. We hope that pardons and commutation of sentences are available to all,
not simply certain politicians.
MADPET calls on Federal and State
governments to move to get persons on death row pardoned, and their sentences
commuted. Malaysia must be against the taking of lives, for repentance and
rehabilitation, for second chances and re-integration into society for the
reformed criminal.
Abolition of the Death Penalty includes abolishing extrajudicial
killings/executions
When the State/Government through
police or other law enforcement personnel, instead of arresting and according a
person a fair trial, ends up killing a suspect or some other, there must be an
independent inquiry to determine whether it was an indirect ‘death penalty’ by
State or its agents. This could be done by way of an inquest. As a matter of
policy and/or law, the government can decide that all such police killing
incidents will be inquired into by an independent Coroner (a Magistrate or
Judge).
The abolition of the death
penalty have many often stated reasons, including the risk of miscarriage of
justice and the negative impact of the family and children of the executed or
persons on death row. Death penalty has
been shown not to be a deterrent to crime.
MADPET reiterates its call for
the abolition of the death penalty, including extrajudicial killings, and that
Malaysia continues to impose a moratorium on execution pending abolition.
Charles Hector
For and on behalf of
MADPET(Malaysians Against Death Penalty and Torture)
We voted for a moratorium on the death penalty
Wednesday, 23 Dec 2020
ON Dec 16, Malaysia voted in support of the resolution calling for a moratorium on
the use of the death penalty at the United Nations General Assembly
(UNGA).
The UNGA adopted the resolution with 123 votes in favour, 38 against and 24 abstentions.
The
assembly also called on states to “respect international standards that
provide safeguards guaranteeing protection of the rights of those
facing the death penalty, in particular the minimum standards, as set
out in the annex to Economic and Social Council resolution 1984/50 of
May 25,1984”.
The adoption of this resolution demonstrates a
growing trend towards the abolition of the death penalty. In 2018, a
similar resolution only had 121 votes in favour, which also included
Malaysia. In 2007, there were 104; in 2008, it was 106; in 2010, it was
108. In 2012, it jumped to 111, and in 2016, it was 117. Malaysia voted
in favour in 2018 and now again in 2020.
On the same day, the UNGA also adopted a resolution on
extrajudicial, summary or arbitrary executions by a vote of 132 in
favour to none against, with 53 abstentions. The assembly “demanded that
states ensure the practice of extrajudicial, summary or arbitrary
executions is brought to an end”.
Malaysia should have already
taken the first step with the abolition of the mandatory death penalty
earlier in the year but was unfortunately delayed by Covid-19 and
changes in government.
Malaysians Against the Death Penalty and
Torture (Madpet) urges the government to expedite the abolition of the
mandatory death penalty, which will then rightfully return the power to
the courts to determine the most appropriate sentence based on the facts
and circumstances of each case. A mandatory penalty removes a role that
should be left to the judiciary in a democracy.
As a next step,
Madpet also calls on Malaysia to immediately abolish the death penalty
from all offences that do not result in any deaths.
Madpet also
calls for the criminalisation of extrajudicial, summary or arbitrary
executions, and for the abolition of all detention without trial laws as
well. No one should be detained, restricted and/or punished without
being accorded the right to a fair trial.
CHARLES HECTOR
On behalf of Malaysians Against the Death Penalty and Torture (Madpet) - Star, 23/12/2020
French public divided over death penalty 40 years after its abolishment
France abolished the death penalty 40 years ago
Saturday, the culmination of 200 years of activism. Recently elected
socialist president François Mitterrand backed the move, but it was
unpopular, and about 50 percent of the French public want to re-instate
the sentence.
Advertising
When the French National Assembly voted to abolish the death penalty 40 years ago Saturday, more than 60 percent of the population still backed capital punishment. But then president François Mitterrand stood by his campaign promise, no matter the political cost.
“I'm against the death sentence... I don't need to read opinion polls that say otherwise,” Mitterand said.
The man who pushed the bill abolishing executions was one of France's most notorious lawyers, Robert Badinter, who became justice minister shortly after Mitterand took office.
He
said he who could no longer bare decapitations, including that of his
own client, Roger Bontems, who was executed for complicity in a lethal
armed robbery: "When I saw Bontems being executed – executing is cutting
a living man in two! – I swore I wouldn't just be opposed to the death
penalty, I would become an activist."
The National Assembly passed the law to abolish the sentence on September 18, 1981 with 363 votes in favour and 117 against.
The
French remain divided on capital punishment 40 years later, with
opinion polls showing about half of those surveyed say it should be
reinstated. - France 24, 18/9/2021
Good people of all faiths must call for
the abolition of death penalty, extrajudicial killing and life imprisonment (‘secret
death penalty”) – Pope Francis
Respect human dignity of
all including the criminal
3rd
October, 2021 marks the first anniversary when Pope Francis and Catholics
worldwide adopted the position for the total abolition of the death penalty.
The
Pope’s call included the abolition of ‘…extrajudicial or extralegal executions,
which are “homicides deliberately committed by certain states and by their
agents, often passed off as clashes with criminals or presented as the
unintended consequences of the reasonable, necessary and proportionate use of
force in applying the law…”. It also took the position that ‘… A life sentence
is a secret death penalty”…’
Pope
Francis’s Encyclical Letter Fratelli
Tutti (On Fraternity And Social Friendship) issued on 3/10/2020, is a call to all people of goodwill, not just
Christians, “..to work not only for the abolition of the death penalty,
legal or illegal, in all its forms, but also to work for the improvement of
prison conditions, out of respect for the human dignity of persons deprived of
their freedom..’ This position is consistent with the common values and
principles in most religions and cultures.
The
inalienable dignity of every human being ought to be recognized and respected. ‘..The
firm rejection of the death penalty shows to what extent it is possible to
recognize the inalienable dignity of every human being and to accept that he or
she has a place in this universe...’
‘…Forgiveness
and reconciliation are central themes in Christianity and, in various ways, in
other religions…Fear and resentment can easily lead to viewing punishment in a
vindictive and even cruel way, rather than as part of a process of healing and
reintegration into society.. .’
‘Fear
and resentment can easily lead to viewing punishment in a vindictive and even
cruel way, rather than as part of a process of healing and reintegration into
society. Nowadays, “in some political sectors and certain media, public and
private violence and revenge are incited, not only against those responsible
for committing crimes, but also against those suspected, whether proven or not,
of breaking the law… There is at times a tendency to deliberately fabricate
enemies: stereotyped figures who represent all the characteristics that society
perceives or interprets as threatening. The mechanisms that form these images
are the same that allowed the spread of racist ideas in their time”. This has
made all the more dangerous the growing practice in some countries of resorting
to preventive custody, imprisonment without trial and especially the death
penalty…’
In
the modern world, ‘…it is impossible to imagine that states today have no other
means than capital punishment to protect the lives of other people from the
unjust aggressor…’.
All
Christians and people of good will are today called to work not only for the
abolition of the death penalty, legal or illegal, in all its forms, but also to
work for the improvement of prison conditions, out of respect for the human
dignity of persons deprived of their freedom.
MADPET(Malaysians
Against Death Penalty and Torture) reiterates our call on Malaysia to not just
abolish the death penalty in law, but also put an end to extrajudicial
killings, preventive detention and also life imprisonment.
Whilst
crimes ought to be punished, we must recognize repentance, forgiveness, rehabilitation,
re-integration into society and human dignity as important principles in sentencing.
In
respecting the human person and human dignity, MADPET reiterates the calls for
improving of Malaysian lock-up, detention facilities and prison conditions to
come in par with the best international standards.
Charles
Hector
For and on
behalf of MADPET
To read the full Encyclical Fratelli
Tutti (On Fraternity And Social Friendship)
