* See full statement below
MADPET urges Putrajaya to announce moratorium on death penalty
The NGO expressed satisfaction that Malaysia has in place a "moratorium"
on executions, especially for those languishing on death row for drug
trafficking.
KUALA LUMPUR: MADPET (Malaysians Against Death Penalty and Torture) has expressed satisfaction that Malaysia has in place a “moratorium on executions, especially for those languishing on death row for drug trafficking.
The NGO urged the Malaysian Government to extend the “moratorium” on
executions to all persons on death row, not for just those convicted for
drug trafficking. “This only makes sense, since Malaysia is now in the
process of abolishing the death penalty, beginning with the mandatory
death penalty,” said MADPET spokesman Charles Hector in a statement.
He referred to Edmund Bon Tai Soon, Malaysia’s current AICHR (ASEAN
Intergovernmental Commission on Human Rights) representative, as
reportedly saying “…Malaysia’s moratorium, I understand, is only for
drug trafficking cases…’ (Star, 10/7/2015).”
“It must be noted that the 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 thinks that “this positive development” should not be kept
secret, but should have long been proudly announced by the Malaysian
Government.
In fact, continued Hector, Nancy Shukri, then de facto Law Minister,
should have proudly announced Malaysia’s moratorium on executions when
she took the stage at the 6th World Congress Against Death Penalty in
Malaysia.
The existence of the mandatory death penalty, for offences that do
not result in death, as in the Firearms (Increased Penalties) Act 1971,
only unnecessarily increases the risk of victims and/or witnesses to
these crimes being killed by perpetrators to avoid the mandatory death
penalty, said MADPET.
There are at least 10 offences in Malaysian laws that carry the
mandatory death penalty, whereby only three are for offences that result
in the death of the victim, added Hector. He cited the laws: Murder
(sec.302 Penal Code), Committing terrorist acts where the act results in
death (sec. 130C (1)(a) Penal Code); and Hostage taking where the act
results in death (sec. 374(a) Penal Code).
For all the other mandatory death penalty offences, death does not
result, he pointed out. “We are referring to Drug Trafficking (sec. 39B
Dangerous Drugs Act 1952) and six types of offence listed in the
Schedule of the Firearms (Increased Penalties) Act 1971, which includes
robbery, kidnapping, extortion and house trespass.” - FMT News, 14/7/2016
Note: Below extract from news report of an interview with Edmund Bon Tai Soon, Malaysia’s new representative to the Asean Intergovernmental Commission on Human Rights (AICHR) as published by the Star..
Is there a consensus within Asean with regard to the death penalty?>No. But within AICHR, there is a move to study whether we should get rid of the death penalty. One of the countries in AICHR has proposed this. We’re looking at how we can do it in stages. Malaysia’s moratorium, I understand, is only for drug trafficking cases. To the credit of my predecessor, he has raised this a number of times but he has not and we (AICHR) have not said, ‘let’s make a decision on this’ because some countries need the time to buy in, be comfortable that the death penalty is not sufficiently a deterrent punishment looking at the statistics. So we need a thematic study to convince the countries, including Malaysia. - Star, 9/7/2016, Improving Malaysia’s profile
Media Statement
– 14/7/2016
‘SECRET’ MORATORIUM ON EXECUTIONS IN MALAYSIA MUST BE PROUDLY ANNOUNCED
AND MADE PUBLIC
-Abolish Death Penalty -
MADPET is happy that Malaysia have
in place a moratorium on executions, especially for those languishing on death
row for drug trafficking. Edmund Bon Tai Soon, Malaysia’s current AICHR (ASEAN
Intergovernmental Commission on Human Rights) representative, was recently
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 is of the opinion that this
positive development should not be kept secret, but should have long been
proudly announced by the Malaysian government. In fact, Nancy Shukri, the de
facto Law Minister, should have proudly announced Malaysia’s moratorium on
executions when she took the stage at the 6th World Congress Against
Death Penalty in Malaysia.
At the said Congress in Oslo,
Norway on 21 June 2016, the Minister in the Prime Minister’s Department, did
state that Malaysia will soon be amending the laws to do away with the
mandatory death penalty. Although, no time frame was mentioned, MADPET and
others have called that these long overdue amendments be tabled at the upcoming
sitting of Parliament in October 2016. In November 2015, the same Minister has
said that the amendments would be tabled in the March 2016 sitting of
Parliament.
MADPET urges Malaysia to extend the
moratorium on executions to all persons on death row, not just those convicted
for drug trafficking. This only makes sense, since Malaysia is now in the
process of abolishing the death penalty, beginning with the mandatory death
penalty.
In May 2016, Malaysia disclosed
that there are 1,041 persons on death row. Based on the statistics revealed in
2011, when the number on death row was 696 (as 22/2/2011), 479(69%) were for
drug trafficking, 204(29%) were for murder and 13(2%) for illegal processions
of arms. It looks like almost all that may
be on death row are for mandatory death penalty offences.
There are at least 10 offences in
Malaysian laws that carry the mandatory death penalty, whereby only 3 are for offences
that result in the death of the victim – Murder [sec.302 Penal Code], Committing
terrorist acts where the act results in death [sec. 130C (1)(a) Penal Code];
and Hostage taking where the act results in death [sec. 374(a) Penal Code]. For
all the other mandatory death penalty offences, death does not result, namely
Drug Trafficking (sec. 39B Dangerous Drugs Act 1952) and 6 types of offence
listed in the Schedule of the Firearms (Increased Penalties) Act 1971, which
includes robbery, kidnapping, extortion and house trespass.
The existence of mandatory death
penalty, for offences that do not result in death, as in the Firearms
(Increased Penalties) Act 1971, only unnecessarily increase the risk of victims
and/or witnesses to these crimes being killed by perpetrators to avoid the
mandatory death penalty.
Malaysia’s moratorium on execution
will be most welcome by everyone including the international community, as it
will be seen to be in compliance with the now 5 existing United Nations General
Assembly(UNGA) Resolutions, the first in 2007 and the last being in 2014, that
called for ‘a moratorium on executions with a view to abolishing the death
penalty’. Every time, these UNGA Resolutions have been tabled, the number of
countries that have voted in favour have been increasing, demonstrating that
the global trend is towards abolition.
Malaysia has every reason to be
proud of the fact that they have been considering abolition, have in fact
carried out serious studies which have now been concluded, and will be soon be taking
the first step by abolishing mandatory death penalty. Attorney-General Tan Sri
Apandi Ali, also the Public Prosecutor, is also for the scraping of the mandatory
death penalty, and he was reported saying in 2015, that the ‘…mandatory death
sentences were a "paradox", as it robbed judges of their discretion
to impose sentences on convicted criminals….’.
MADPET also urges Edmund Bon, to
emulate his predecessor, Tan Sri Muhammad Shafee Abdullah, in publicly
declaring his personal position for the abolition of the death penalty. AICHR
Representatives should also at the very least take a stand for the abolition of
the death penalty in ASEAN, as had been done by the Human Rights Commission of
Malaysia (SUHAKAM).
MADPET urges Malaysia to
immediately extend the moratorium on executions to all, not just only for those
convicted for drug trafficking.
MADPET urges that Malaysia tables
in the upcoming sitting of the Malaysian Parliament in October 2016, amendments
and/or legislations that will see the abolition of the mandatory death penalty;
and
MADPET urges Malaysia to abolish
the death penalty.
Charles Hector
For
and on behalf of
MADPET
(Malaysians Against Death Penalty and Torture)
Posts
No comments:
Post a Comment