Charles Hector represented MADPET(Malaysians Against Death Penalty and Torture) at the 5th World Congress Against the Death Penalty. Our shame was that Malaysia was still amongst the few retentionist countries. It is our home that come the next World Congress, Malaysia would have abolished the death penalty.
Over the past years, there have been positive indications that Malaysia may soon abolish the Death Penalty, especially with regard to drug offences. Malaysia should not follow Singapore, where the power has been vested in the Public Prosecutor to issue certificates of cooperation that would translate in persons not being sentenced to death. That power should really be vested with JUDGES not the prosecutors. Malaysia, I believe would do better and totally abolish the death penalty for drug traffickers...
A first step also would be needed to remove all MANDATORY Death Penalties in law, giving judges discretion in sentencing. A discretion that would be exercised looking at the circumstances of each and every case.
A second step, would be to remove the provisions that shift the burden to the accused - it should always be the duty of the prosecution to prove all elements of the alleged crime beyond reasonable doubt.
A third thing that is needed in Malaysia are Acts setting out procedures for clemency hearings/applications - the absence is problematic. What is the procedure? What should be the considerations of the Pardon Board or the Sultan/King?
MADRID: 5TH WORLD CONGRESS AGAINST THE DEATH PENALTY
June
13, 2013: Hundreds of civil society, political figures and journalists
from five continents gathered in Madrid to push for the universal
abolition of the death penalty during the World 5th Congress against the
Death Penalty.
In a message, UN Secretary-General Ban Ki-moon
hailed the growing momentum against capital punishment, while voicing
concern that a small number of States continue to impose the death
penalty, often in violation of international standards.
Mr. Ban noted
that the full abolition of the death penalty has support in every
region and across legal systems, traditions, customs and religious
backgrounds.
Currently, more than 150 States have either abolished
the death penalty or do not practice it. Last year, 174 United Nations
Member States were “execution-free,” he said.
“Despite these positive
trends, I am deeply concerned that a small number of States continue to
impose the death penalty, and thousands of individuals are executed
each year, often in violation of international standards,” said the
Secretary-General.
“Some countries with a longstanding de facto
moratorium have recently resumed executions,” he noted.
Also, the death
penalty is at times used for offences that do not meet the threshold of
“most serious crimes,” such as drug crimes, and a few States impose
capital punishment against juvenile offenders, in violation of
international human rights law.
Mr. Ban also pointed out that
information concerning the application of the death penalty is often
cloaked in secrecy, and that the lack of data on the number of
executions or the number of individuals on death row “seriously impedes”
any informed national debate that may lead to abolition.
“The taking
of life is too absolute and irreversible for one human being to inflict
on another, even when backed by a legal process. Too often, multiple
layers of judicial oversight still fail to reverse wrongful death
penalty convictions for years and even decades,” he said.
This problem, he added, will be discussed at a UN panel in New York at the end of this month.
The
UN General Assembly first voted on a moratorium in 2007, and again in
December 2012, when it adopted a resolution calling for a progressive
restriction on the use of capital punishment and eliminating it entirely
for felons below the age of 18 and pregnant women.
Although not legally binding, the UN moratorium on executions carries moral and political weight.
During
the opening ceremony, Swiss Foreign Minister Didier Burkhalter said his
country is at the forefront and is committed to the abolition of death
penalty. In a plenary session Burkhalter said Switzerland seeks to have
those countries which have not as yet abolished the death penalty at
least place a moratorium on its use.
“It is a priority in Switzerland, we need to take a pragmatic approach and ensure a world without death penalty,” he said.
Burkhalter
said capital punishment was incompatible with the values represented by
Switzerland and had an impact on the country’s other obligations such
as the prohibition of discrimination.
Together with Spain, France and
Norway, Switzerland is patron of the 5th World Congress against the
Death Penalty which is hosting around 1,500 delegates from over 90
states in Madrid until Saturday (June 15).
According to Norway which
is represented at the Congress by the Vice Minister for Foreign Affairs
Gry Larsen it will support multi stakeholder’s initiatives like the work
of the International Commission on Death Penalty, International Bars
Associations and Universities.
“It has taken the political leadership
to abolish the death penalty and in almost all of the countries the
public have been against when we have taken the decisions in our
countries to the vote but what we have seen in our countries is that
when we have used the political leadership the public have followed. We
don’t wait for the people we have to lead,” she said.
Hands Off Cain was present at the conference with Senator Marco Perduca.
For further information : http://congres.abolition.fr/?lang=en