Campaigners Target Malaysia To Stop Mandatory Death Penalty for Drugs
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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.
BAHAU: Police have ruled out foul play in the death of an ex-convict who was found strangled in his cell at the Jempol police station on Monday morning.
State police chief SAC I Datuk Osman Salleh said findings by a forensic pathologist from the Tuanku Ja’afar Hospital in Seremban also revealed there were no other injuries on 28-year-old P. Babu.
“The only marks visible on the deceased’s body were on his neck and these were consistent with someone who had committed suicide by hanging,” he told The Star.
Osman said police have also viewed the closed-circuit television (CCTV) recordings at the lock-up and had spoken to his cellmates in the course of their investigation.
“The CCTV recordings too didn’t reveal anything,” he said.
Babu, a sawmill worker with several convictions previously, had surrendered to police on Jan 28 to assist in investigations into several robberies near here.
Osman said in the early hours of Jan 26, Babu and three accomplices aged in their late 20s and early 30s had allegedly robbed a couple at a rubber estate near here.
“The couple called the police and a patrol car was immediately despatched to the scene.
“When my men reached the area, they managed to detain one of the suspects while the others managed to escape on their bikes,” he said, adding that police also recovered some stolen jewellery from the man.
Babu, who was released from prison three months ago after serving a six-year jail term for robbery, and the two others surrendered to the police two days later.
It is understood that Babu had also served time for drug-related and cheating offences previously.
When met at the family home at Rumah Rakyat near here, Babu’s uncle M. Mahadevan, 35, said the family would ask for an independent post-mortem.
“We are not going to accept the post-mortem done by the hospital authorities as we don’t believe Babu committed suicide,” said the district council employee.
Mahadevan said although his nephew died at about 3am, he was only allowed to see the body after the post-mortem was conducted several hours later.
He also asked why there were no CCTVs in the toilet as this could have helped determine how Babu died.
“The police have asked us to collect his remains for burial but I will only do so after the independent post-mortem has been done,” he added. - Star, 2/2/2010, No foul play in detainee’s death, cops say
But, the family does not buy the story that he committed suicide.BAHAU: An ex-convict who turned himself in at the Jempol police station last Thursday to assist police investigations into several robberies was found dead in his cell early yesterday.
P. Babu, 28, who was released from prison just three months ago after serving a six-year term for robbery, was found hanging from a beam in the lock-up toilet, at about 3am.
According to police sources, Babu and three other friends were on their way to rob a house in a rubber plantation near here on Jan 26, but were foiled by policemen on patrol, who opened fire when the suspects refused to stop.
Despite being hit on the leg, Babu and his friends escaped on two motorcycles.
Babu, however, gave himself up at the station two days later, and this led to the arrest of the other three.
It could not be immediately ascertained if Babu had shared the cell with other detainees.
State plantation affairs and human development committee chairman V. S. Mogan, when met at the Jempol Hospital where the body was taken for a post mortem, said police must explain how Babu died.
“Although initial reports show that Babu hanged himself, we hope the police can also enlighten us on what really happened.
“This is important because people are already making assumptions over his death,” Mogan said.Jempol MIC Youth chief M. Palani later lodged a police report over Babu’s death.
State PKR deputy chairman and Port Dickson assemblyman M. Ravi, who was also at the hospital, said Babu’s family should ask for an independent post mortem if they were unhappy with the one conducted at the hospital.
Babu, whose parents died some time ago, lived with an uncle.
State deputy police chief Datuk Abdul Manan Hassan said police were awaiting the post mortem report and that investigations were underway. - Star, 2/2/2010, Ex-convict assisting police investigation found dead in cell
The family of a man, said to have committed suicide while in police custody, have refused to collect his remains from the morgue and are seeking another post-mortem.
Sawmill worker P Babu, 28, was found dead in the Jempol police lock up at about 4am after he surrendered himself in connection with a robbery case.
When contacted, Jempol MIC Youth chief M Palani said the first post-mortem report classified the death as suicide.The deceased had apparently used his shirt to hang himself.
"But this is unofficial. We were told that we would get the black and white report within seven days," he added.
'Strong willed person'
Palani said the family have rejected the findings because "Babu was a strong willed person and would not have this decision (to commit suicide)".
"We are also questioning the fact that he hung himself using his shirt. Shouldn't he be wearing a police issued t-shirt (for detainees)?" he asked.
Yesterday, Palani filed a police report calling for a thorough investigation into Babu's death.
Both MIC and PKR politicians have cried foul over the incident and offered to help the family secure a second post-term.
For years, activists and politicians have been complaining about the high number of fatalities involving Indian Malaysian police detainees.
In January 2008, a police constable was charged with causing hurt to extract a confession from A Kugan, 22, who died in police custody in Subang Jaya.
In July, P Gunasegaran, 31, was found dead in the Sentul police station. An inquest is currently underway.- Malaysiakini, 2/2/2010, Family rejects 'suicide' claim, wants independent autopsy
KLANG: Police shot dead five men in an early morning shoot-out in Lorong Sungai Keramat, Taman Klang Utama here, yesterday.
A team of D9 officers from the Klang district station was patrolling the area about 12.30am when they spotted a vehicle, with five men inside acting suspiciously.
Police stopped the car and asked them to step out for an inspection.
However, the driver immediately reversed the car and tried to run over the officers.
At the same time, they opened fire at the officers.
In self-defence, the officers returned fire, killing all five in the car.
Klang district police chief Assistant Commissioner Mohamad Mat Yusop said the group was believed to be on their way to commit a robbery and had been active for the past year.
"During the shoot-out, the vehicle rammed into a ditch barrier nearby and all the suspects were already dead when the police got to the car.
"We believe the driver was shot before he lost control of the car," Mohamad said
The identities of the five have yet to be ascertained.
However, police identified one of them as "PCO Boy" who is believed to be the leader of the gang and had 13 criminal records.
He is also wanted for nine robbery cases.
Mohamad said the five were believed to be part of a bigger gang and police were hunting for the remaining members.
Meanwhile, Selangor Criminal Investigation Department chief Datuk Hasnan Hassan said the gang was noted for committing robberies while armed with samurai swords.
"Initial investigations revealed that the leader of the gang (PCO Boy) has been wanted by the police for the past few months as he was believed to be involved in gangsterism and several robbery cases," he said at the scene yesterday.
The car driven by the gang was reported stolen in Kajang on Nov 2 and fake registration number plates were used.
Also found in the car was a Remington pistol with three bullets in its magazine, six parang and swords.
Police believe they have solved 10 armed robberies with the death of the five men.
The bodies have been sent to Tengku Ampuan Rahimah Hospital for a post-mortem.- New Straits Times, 9/11/2009, PCO Boy gang killed in shoot-out
Malaysians Against Death Penalty and Torture (Madpet) is pleased that there is some realisation from the government, in particular the Deputy Foreign Affairs Minister A Kohilan Pillay, about the fact that '…young Malaysian girls, some fresh graduates, were easily conned by men from the syndicates to travel abroad with a package…'
The media report concerned also stated that '…Malaysian lasses are an easy lot to charm. They are easily smitten by sweet words and gifts, making them an easy target for drug-trafficking syndicates looking for mules…'
The report also stated that 'there were currently 1,565 Malaysians jailed abroad and 60% of the cases were drug mules… "Six in China have been sentenced to death. Since 2007, about 30 Malaysians are in death row,"…'
Similarly, in Malaysia too, many on Death Row have been similarly conned into being drug mules, whereby many were not even aware that they were in possession of drugs.
The Malaysian Dangerous Drugs Act 1952, in particular section 39B provides that any person involved in the trafficking of drugs shall be guilty of an offence against this Act and shall be punished on conviction with death. The judges and courts, by reason of the mandatory sentence, are deprived of the option of imposing a lesser sentence, and Madpet believes that this is very wrong.
What makes it worse is that there are presumptions in the Act, amongst others, that one '…shall be presumed, until the contrary is proved, to be trafficking in the said drug...' if one is found in the possession of certain amounts of certain drugs. The onus of proving one's innocence then shifts to the accused. This is contrary to the normal rule where the onus of proving one guilty beyond a reasonable doubt is with the prosecution.
The reality is that those really involved in the business of trafficking of drugs are seldom caught and prosecuted, and it is usually the mules, who many a time are not even aware that they are transporting or keeping drugs, who end up being arrested, charged, tried, convicted and sentenced to death. This is very wrong and unjust.
The official report to the UN on the death penalty states also states as follows, "…the low rates of effectiveness of law enforcement, the relative immunity from the law of those who profit most from the trade in drugs and the higher risk of violence and death they most probably run from others engaged in the drug racket, all make it seem implausible that the death penalty in itself will have a marginally stronger deterrent effect than long terms of imprisonment..."
The imposition of mandatory sentences also is wrong as by doing so, the legislative branch of government ousts the powers of the judiciary and that is the power of courts and judges to impose fair and just sentences depending on the circumstances and the facts of the case. A person who has been conned into keeping and/or carrying drugs, especially those who are unaware of the fact, should never be sentenced to death. A prison term would suffice.
One of the reasons used often by governments, including the Malaysian government, to justify the mandatory death penalty is that deters serious crimes. This was what M. Kayveas, a deputy minister in the Prime Minister's Department told Parliament once. This is baseless and cannot be justified by any fact or statistical proof.
On the other hand, there have been studies conducted throughout the world over the past seventy years using various different methodological approaches that have failed to find convincing evidence that capital punishment is a more effective deterrent of crime than long-term imprisonment.
Studies conducted in Australia show that abolition of the death penalty had no effect on the homicide rate and in Canada there was, in fact, was a sharp decline in the homicide rate after the abolition.
In the US over the past twenty years, states with the death penalty in general have had a higher homicide rate than states without the death penalty.
The UN itself noted in 1988, 1996, and 2002, that '...research has failed to provide scientific proof that executions have a greater deterrent effect than life imprisonment. Such proof is unlikely to be forthcoming. The evidence as a whole gives no positive support to the deterrent hypothesis'.
Noting also that on Dec 18, 2007, the UN General Assembly endorsed a resolution calling for a moratorium on executions with a view to abolishing the death penalty by an overwhelming majority (Resolution 62/149), and on Dec 18, 2008, the UN General Assembly adopted with a bigger majority a second similar resolution calling for a moratorium on the use of the death penalty.
Madpet calls for the repeal of all provisions in law that provide for the mandatory death penalty.
Madpet also reiterates its call for an immediate moratorium on all executions pending abolition, and for the abolition of the death penalty in Malaysia.
The writer represents Malaysians Against Death Penalty and Torture (Madpet). - Malaysiakini, 6/11/2009, Time to send death penalty to the gallows
MEDIA STATEMENT – 3/11/2009
MANDATORY DEATH PENALTY PROVISIONS IN LAW
SHOULD BE REPEALED
Unjust For Conned Drug Mules To Be Sentenced To Death for Drug Trafficking
MADPET (Malaysians Against Death Penalty and Torture) is pleased that there is some realization from the government, in particular the Deputy Foreign Minister A. Kohilan Pillay, about the fact that ‘…young Malaysian girls, some fresh graduates, were easily conned by men from the syndicates to travel abroad with a package…’ The report also stated that ‘…Malaysian lasses are an easy lot to charm. They are easily smitten by sweet words and gifts, making them an easy target for drug-trafficking syndicates looking for mules…’ (Star, 1/11/2009, Malaysian girls easily duped)
The report also stated that ‘there were currently 1,565 Malaysians jailed abroad and 60% of the cases were drug mules… “Six in China have been sentenced to death. Since 2007, about 30 Malaysians are in death row,”…’
Similarly, in Malaysia too, many in death row have been similarly conned to be drug mules, whereby many were not even aware that they were in possession drugs.
The Malaysian Dangerous Drugs Act 1952, in particular section 39B provides that any person involved in trafficking of drugs shall be guilty of an offence against this Act and shall be punished on conviction with death. The judges and courts, by reason of the mandatory sentence, are deprived of the option of imposing a lesser sentence, and MADPET believes that this is very wrong.
What makes it worse, is that there are presumptions in the Act, amongst others, that one ‘…shall be presumed, until the contrary is proved, to be trafficking in the said drug...’ if one is found in the possession of certain amounts of certain drugs. The onus of proving one’s innocence then shifts to the accused. This is contrary to the normal rule where the onus of proving one guilty beyond reasonable doubt is with the prosecution.
The reality is that those really involved in business of trafficking of drugs are seldom caught and prosecuted, and it is usually the mules, who many a time are not even aware that they are transporting or keeping drugs, who end up being arrested, charged, tried, convicted and sentenced to death. This is very wrong and unjust.
The official report to the United Nations on the death penalty states also states as follows, “…the low rates of effectiveness of law enforcement, the relative immunity from the law of those who profit most from the trade in drugs and the higher risk of violence and death they most probably run from others engaged in the drug racket, all make it seem implausible that the death penalty in itself will have a marginally stronger deterrent effect than long terms of imprisonment...”
The imposition of mandatory sentences also is wrong as by doing so, the legislative branch of government oust powers of the Judiciary that is the power of courts and judges to impose fair and just sentences depending on the circumstances and the facts of the case. A person who has been conned into keeping and/or carrying drugs, especially those who were unaware of the fact, should never be sentenced to death. A prison term would suffice.
One of the reasons used often by governments, including the Malaysian government, to justify the mandatory death penalty is that deters serious crimes. This was what Datuk M. Kayveas, a Deputy Minister in the Prime Minister's Department told Parliament. (Bernama, 28/6/2006) This is baseless and cannot be justified by any facts or statistical proof.
On the other hand, there are studies conducted throughout the world over the past seventy years using various different methodological approaches that have failed to find convincing evidence that capital punishment is a more effective deterrent of crime than long-term imprisonment.
Studies conducted in Australia show that abolition of the death penalty had no effect on the homicide rate and in Canada there in fact was a sharp decline in the homicide rate after abolition;
In the United States over the past twenty years, states with the death penalty in general have had a higher homicide rate than states without the death penalty;
The United Nations itself noted in 1988, 1996, and 2002, "research has failed to provide scientific proof that executions have a greater deterrent effect than life imprisonment. Such proof is unlikely to be forthcoming. The evidence as a whole gives no positive support to the deterrent hypothesis."
Noting also that on 18 December 2007, the UN General Assembly endorsed a resolution calling for a moratorium on executions with a view to abolishing the death penalty" by an overwhelming majority (Resolution 62/149), and on 18 December 2008, the United Nations General Assembly adopted with a bigger majority a second similar resolution calling for a moratorium on the use of the death penalty.
MADPET calls for the repeal of all provisions in law that provide for the mandatory death penalty.
MADPET reiterates its call for an immediate moratorium on all executions pending abolition, and for the abolition of the death penalty in Malaysia .
Charles Hector
for Malaysians Against Death Penalty and Torture (MADPET)
3rd November 2009