MADPET Media Statement was reported by FMT, Star, MSN and Star...and hopefully other media will also carry the statement...
Media Statement –
14/2/2019
Delay in abolition of
Death Penalty delays the bringing to justice all those involved in murder of Altantuya
Shaariibuu
Table Bills To Abolish Death Penalty in Parliament Session Starting 11th
March
MADPET(Malaysians Against Death
Penalty and Torture) is saddened by the delay in the abolition of the death
penalty, which would also most likely delay justice in the case of Altantuya
Shaariibuu, the Mongolian mother of two. She was murdered and her body was
blown up in a forest with explosives in 2006.
Sirul Azhar Umar and Azilah Hadri,
who were then serving as Najib’s personal security detail at the time of the
murder, were arrested and convicted for the murder by the High Court. In 2013,
the Court of Appeal overturned the convictions and both were released.
Thereafter, the Federal Court in January 2015, allowed the appeal by the
prosecution, and the murder conviction and death sentence was restored. Murder
carries the mandatory death penalty.
A co-accused, former political
analyst Abdul Razak Baginda, a confidant of then deputy prime minister Najib
Razak, was acquitted in 2008 without his defence being called to the charge of
abetting Azilah and Sirul. The
prosecution did not appeal the acquittal.
Najib, at the time of the murder
was the Deputy Prime Minister, and in March 2009 he became the Prime Minister
until the last General Election in May 2018, that saw the defeat of the
UMNO-Barisan National, and formation of a new alternative Pakatan Harapan
government.
Sirul Azhar, after his release by
the Court of Appeal left for Australia, and he did not turn up for the Federal
Court hearing, that again sentenced him to death. Since 2015, he has been
detained at the Immigration and Border Protection Department’s facility in
Sydney.
In 2015, Sirul was reported
saying, ‘"I was under orders. The important people with motive (to commit
murder) are still free," Sirul Azhar Umar said in a phone interview
published on Wednesday by Malaysian news website Malaysiakini.’(Straits Times,
18/2/2015).
This raised serious doubts that
the person/s who ordered the killing of Altantuya or paid for it may still be
at large. Australia, which is an abolitionist state, would not send Sirul back
to Malaysia, knowing that he may be hanged if he is send back to Malaysia.
It is now good that the current
Malaysian cabinet has decided to abolish the death penalty, and all that needs
to be done is the passing of Bills in Parliament that will abolish the death
penalty, and hopefully also result in the death sentence of all on death row to
be commuted. This would enable Sirul to be brought back to Malaysia, and his
evidence which may be vital for the successful prosecution of any other
remaining perpetrators will finally happen.
In the recent United Nations
General Assembly Resolution calling for the moratorium of executions pending the
abolition of the death penalty, Malaysia, consistent with the new government’s
declared position for the very first time voted in favour of the resolution.
The Altantuya case has also made
us aware that there may be many others who have ordered or paid for some other
to commit murder may still be out there free, and as such justice is not yet
fully achieved. All these other persons who ordered or paid for such murders should
also be identified, prosecuted, convicted and sentence.
In any criminal trial, it is of
no use for a person who was involved in the commission of the crime to confess
or plead guilty. Most will exercise their right to silence until all appeals
are exhausted. These persons may also be subject to threats against themselves
and their family members by them that ordered or paid them to kill. Those that
admit they killed because they were paid to kill is still guilty of murder – so
there is little reason to speak up and identify other accomplices who yet to be
identified and/or prosecuted
When the death penalty is
abolished, and better still any mandatory life prison sentence, the courts will
then have the ability to impose a lower prison term for any or all who
cooperated in making sure all others involved are also identified and
prosecuted. This would be another mitigating factor that the courts can
consider, but always ensuring that a just sentence is imposed.
The abolition of the death
penalty is needed to prevent the ‘innocent’ from being wrongly killed, as there
is always the risk of miscarriage of justice, which could be due to lawyers,
prosecutors, police, judges, court procedures and many other factors.
It has been shown in Malaysia,
that the death penalty, even if mandatory, does not deter crime.
Further, it is against religious
values, even Islam, as death Malaysia is not provided for in Islamic Laws but
civil laws, and the trial does not comply with Islamic evidential and
procedural requirements. Note, that in Islam, even for murder, execution is a
possibility as there is ‘diyat’(diya), where compensation and forgiveness from
victim’s family can save a murderer from death – this highlights that
repentance and/or forgiveness from victims is important, not simply punishment
if you do a crime.
In Malaysia, for a long time, the
lack of political will and strength on the part of government, despite the
global trend towards abolition may have kept the death penalty in our law
books. The fear of government to do the right and just thing simply because of a
fear of a possible loss of political support is pathetic. Hopefully, this new
Pakatan Harapan, unlike its predecessor, will not weaken and backtrack on its decision
to abolish the death penalty.
Many expected that the relevant
Bills leading to the abolition of the death penalty would have been tabled at
the last Parliamentary session in 2018, and the hope now is that it will be tabled
in the upcoming Parliamentary session starting on 11 March 2019.
It is sad that some have been
calling for the retention of the death penalty, which may simply be those who
are unaware of the just reasons for abolition. They may simply be opposing
because this was the decision of the current government, and as such be merely
a political strategy rather than one based on justice or values. They may also
be people who fail to also appreciate the sufferings of the children and
families, simply because a parent or sibling is executed. They fail to
appreciate that even the mandatory death penalty has failed to reduce murder or
drug trafficking in Malaysia.
Therefore, MADPET
-
Call of Malaysia to ensure that all those, if
any, who ordered or paid for the murder of Altantuya Shaariibuu are identified
and prosecuted. The abolition of the death penalty will also make it less likely
for accomplices including those who ordered or paid others to do the crime to
escape justice, as the those caught and/or convicted will more likely help make
this happen, if their assistance can affect/reduce sentences;
-
Calls for the Malaysian Government to
immediately, preferably during this upcoming Parliamentary session beginning in
March 2019, to bravely table the relevant Bills that will see the abolition of
the Death Penalty; and
-
Calls for the Malaysian government to
immediately commute the death sentences of all those on death row, which was
about 1,267 in July 2018.
Charles Hector
For and on behalf of MADPET
Group says death penalty in the way of seeking truth behind Altantuya’s murder
PETALING JAYA: A group campaigning for the abolition of the death
penalty says doing away with the punishment would help bring to justice
those responsible in the Altantuya Shaariibuu murder case.
Malaysians Against Death Penalty and Torture (Madpet) was referring
to Australia’s refusal to release Sirul Azhar Umar, one of two men
sentenced to death for the murder of the Mongolian citizen in 2006.
Sirul has since sought refuge in an immigration centre in Sydney,
with Canberra saying it is not allowed by Australian laws to deport him
due to the death sentence awaiting him in Malaysia.
Australian laws prohibit the extradition of anyone to face the death penalty in his home country.
Madpet said cancelling Sirul’s death sentence would allow him to be
returned to Malaysian authorities to assist investigators in shedding
light on the brutal murder of Altantuya.
“The abolition of the death penalty will make those who ordered or
paid others to do the crime be identified, as those caught or convicted
will more likely help make this happen if their assistance can reduce
the sentences imposed,” Madpet spokesman Charles Hector said in a
statement today.
He also questioned the delay in amending the laws to do away with the death sentence despite Putrajaya’s promise.
Madpet said supporters of the death penalty appeared unaware of the
“just reasons” for its abolition, or could be furthering a political
strategy.
“They may also be people who fail to appreciate the suffering of the
children and families, simply because a parent or sibling is executed.
Delay in abolishing death penalty is justice delayed for Altantuya’s family, says group
Nation,Thursday, 14 Feb 2019 1:05 PM MYT
by rashvinjeet s. bedi
PETALING JAYA: The hold-up in abolishing the mandatory death sentence is delaying justice in the murder of Mongolian Altantuya Shaariibuu, says a group campaigning against the death penalty.
Madpet (Malaysians Against Death Penalty and Torture) said that abolishing the death penalty would enable Sirul Azhar Umar, one of two people convicted for Altantuya’s murder, to be brought back home from Australia.
“It is now good that the current Cabinet has decided to abolish the death penalty, and all that needs to be done is the passing of Bills in Parliament that would abolish the death penalty, and hopefully also result in the death sentence of all on death row being commuted.
“This would enable Sirul to be brought back to Malaysia, and his evidence which may be vital for the successful prosecution of any other remaining perpetrators will finally happen,” said Madpet founder Charles Hector in a statement Thursday (Feb 14).
Australia takes into account whether or not the death penalty would be applied in that country in extradition cases.
Hector said the Altantuya case has also made Malaysians aware that there may be many others who ordered or paid for some other to commit murder who may still be out there free, and as such justice is not yet fully achieved.
“All these other persons who ordered or paid for such murders should also be identified, prosecuted, convicted and sentence,” he said.
He also called for the government to immediately table the relevant Bills that will see the abolition of the death penalty during in upcoming Parliamentary sitting beginning in March.
Last October, Minister in the Prime Minister’s Department Datuk Liew Vui Keong said the Cabinet would abolish the death penalty, with a moratorium for those on death row.
However, there have been protests from some quarters, including law enforcement officials and the families of some murder victims.
Earlier Thursday, Liew said the Cabinet would make the final decision on whether to bring the legislative amendments to Parliament in March.
In 2009, Sirul and Azilah Hadri were convicted of Altantuya’s murder and sentenced to death.
The Court of Appeal overturned their death sentences in 2013, but this was reinstated by the Federal Court after the prosecution filed an appeal.
However, Sirul fled to Australia and was detained by Immigration officials in Sydney after Interpol issued a Red Notice for him.
He has been held at the Villawood detention camp in Sydney since 2015. - Star, 14/2/2019
Delay in abolishing death penalty is justice delayed for Altantuya’s family, says group
![a person posing for the camera]({"default":{"load":"default","w":"80","h":"53","src":"//img-s-msn-com.akamaized.net/tenant/amp/entityid/BBLR8If.img?h=533&w=799&m=6&q=60&o=f&l=f&x=485&y=292"},"size3column":{"load":"default","w":"62","h":"42","src":"//img-s-msn-com.akamaized.net/tenant/amp/entityid/BBLR8If.img?h=417&w=624&m=6&q=60&o=f&l=f&x=485&y=292"},"size2column":{"load":"default","w":"62","h":"42","src":"//img-s-msn-com.akamaized.net/tenant/amp/entityid/BBLR8If.img?h=417&w=624&m=6&q=60&o=f&l=f&x=485&y=292"}})
© Provided by Star Media Group Berhad
PETALING JAYA: The
hold-up in abolishing the mandatory death sentence is delaying justice
in the murder of Mongolian Altantuya Shaariibuu, says a group
campaigning against the death penalty.
Madpet (Malaysians Against
Death Penalty and Torture) said that abolishing the death penalty would
enable Sirul Azhar Umar, one of two people convicted for Altantuya’s
murder, to be brought back home from Australia.
“It is now good
that the current Cabinet has decided to abolish the death penalty, and
all that needs to be done is the passing of Bills in Parliament that
would abolish the death penalty, and hopefully also result in the death
sentence of all on death row being commuted.
“This would enable
Sirul to be brought back to Malaysia, and his evidence which may be
vital for the successful prosecution of any other remaining perpetrators
will finally happen,” said Madpet founder
Charles Hector in a statement
Thursday (Feb 14).
Australia takes into account whether or not the death penalty would be applied in that country in extradition cases.
Hector
said the Altantuya case has also made Malaysians aware that there may
be many others who ordered or paid for some other to commit murder who
may still be out there free, and as such justice is not yet fully
achieved.
“All these other persons who ordered or paid for such murders should
also be identified, prosecuted, convicted and sentence,” he said.
He
also called for the government to immediately table the relevant Bills
that will see the abolition of the death penalty during in upcoming
Parliamentary sitting beginning in March.
Last October, Minister
in the Prime Minister’s Department Datuk Liew Vui Keong said the Cabinet
would abolish the death penalty, with a moratorium for those on death
row.
However, there have been protests from some quarters,
including law enforcement officials and the families of some murder
victims.
Earlier Thursday, Liew said the Cabinet would make the
final decision on whether to bring the legislative amendments to
Parliament in March.
In 2009, Sirul and Azilah Hadri were convicted of Altantuya’s murder and sentenced to death.
The
Court of Appeal overturned their death sentences in 2013, but this was
reinstated by the Federal Court after the prosecution filed an appeal.
However, Sirul fled to Australia and was detained by Immigration officials in Sydney after Interpol issued a Red Notice for him.
He has been held at the Villawood detention camp in Sydney since 2015.- MSN, 15/2/2019
Delay in abolition of Death Penalty delays the bringing to justice all those involved in murder of Altantuya Shaariibuu
This would enable Sirul to be brought back to Malaysia, and
his evidence which may be vital for the successful prosecution of any
other remaining perpetrators will finally happen.
Charles Hector, MADPET
Table Bills To Abolish Death Penalty in Parliament Session Starting 11th March
MADPET(Malaysians Against Death Penalty
and Torture) is saddened by the delay in the abolition of the death
penalty, which would also most likely delay justice in the case of
Altantuya Shaariibuu, the Mongolian mother of two. She was murdered and
her body was blown up in a forest with explosives in 2006.
Sirul Azhar Umar and Azilah Hadri, who
were then serving as Najib’s personal security detail at the time of the
murder, were arrested and convicted for the murder by the High Court.
In 2013, the Court of Appeal overturned the convictions and both were
released. Thereafter, the Federal Court in January 2015, allowed the
appeal by the prosecution, and the murder conviction and death sentence
was restored. Murder carries the mandatory death penalty.
A
co-accused, former political analyst Abdul Razak Baginda, a confidant
of then deputy prime minister Najib Razak, was acquitted in 2008 without
his defence being called to the charge of abetting Azilah and
Sirul. The prosecution did not appeal the acquittal.
Najib, at the time of the murder was the
Deputy Prime Minister, and in March 2009 he became the Prime Minister
until the last General Election in May 2018, that saw the defeat of the
UMNO-Barisan National, and formation of a new alternative Pakatan
Harapan government.
Sirul Azhar, after his release by the
Court of Appeal left for Australia, and he did not turn up for the
Federal Court hearing, that again sentenced him to death. Since 2015, he
has been detained at the Immigration and Border Protection Department’s
facility in Sydney.
In 2015, Sirul was reported saying, ‘”I
was under orders. The important people with motive (to commit murder)
are still free,” Sirul Azhar Umar said in a phone interview published on
Wednesday by Malaysian news website Malaysiakini.’(Straits Times,
18/2/2015).
This raised serious doubts that the
person/s who ordered the killing of Altantuya or paid for it may still
be at large. Australia, which is an abolitionist state, would not send
Sirul back to Malaysia, knowing that he may be hanged if he is send back
to Malaysia.
It is now good that the current Malaysian
cabinet has decided to abolish the death penalty, and all that needs to
be done is the passing of Bills in Parliament that will abolish the
death penalty, and hopefully also result in the death sentence of all on
death row to be commuted. This would enable Sirul to be brought back to
Malaysia, and his evidence which may be vital for the successful
prosecution of any other remaining perpetrators will finally happen.
In
the recent United Nations General Assembly Resolution calling for the
moratorium of executions pending the abolition of the death penalty,
Malaysia, consistent with the new government’s declared position for the
very first time voted in favour of the resolution.
The Altantuya case has also made us aware
that there may be many others who have ordered or paid for some other to
commit murder may still be out there free, and as such justice is not
yet fully achieved. All these other persons who ordered or paid for such
murders should also be identified, prosecuted, convicted and sentence.
In any criminal trial, it is of no use for
a person who was involved in the commission of the crime to confess or
plead guilty. Most will exercise their right to silence until all
appeals are exhausted. These persons may also be subject to threats
against themselves and their family members by them that ordered or paid
them to kill. Those that admit they killed because they were paid to
kill is still guilty of murder – so there is little reason to speak up
and identify other accomplices who yet to be identified and/or
prosecuted
When the death penalty is abolished, and
better still any mandatory life prison sentence, the courts will then
have the ability to impose a lower prison term for any or all who
cooperated in making sure all others involved are also identified and
prosecuted. This would be another mitigating factor that the courts can
consider, but always ensuring that a just sentence is imposed.
The abolition of the death penalty is
needed to prevent the ‘innocent’ from being wrongly killed, as there is
always the risk of miscarriage of justice, which could be due to
lawyers, prosecutors, police, judges, court procedures and many other
factors.
It has been shown in Malaysia, that the death penalty, even if mandatory, does not deter crime.
Further,
it is against religious values, even Islam, as death Malaysia is not
provided for in Islamic Laws but civil laws, and the trial does not
comply with Islamic evidential and procedural requirements. Note, that
in Islam, even for murder, execution is a possibility as there is
‘diyat’(diya), where compensation and forgiveness from victim’s family
can save a murderer from death – this highlights that repentance and/or
forgiveness from victims is important, not simply punishment if you do a
crime.
In Malaysia, for a long time, the lack of
political will and strength on the part of government, despite the
global trend towards abolition may have kept the death penalty in our
law books. The fear of government to do the right and just thing simply
because of a fear of a possible loss of political support is pathetic.
Hopefully, this new Pakatan Harapan, unlike its predecessor, will not
weaken and backtrack on its decision to abolish the death penalty.
Many expected that the relevant Bills
leading to the abolition of the death penalty would have been tabled at
the last Parliamentary session in 2018, and the hope now is that it will
be tabled in the upcoming Parliamentary session starting on 11 March
2019.
It is sad that some have been calling for
the retention of the death penalty, which may simply be those who are
unaware of the just reasons for abolition. They may simply be opposing
because this was the decision of the current government, and as such be
merely a political strategy rather than one based on justice or values.
They may also be people who fail to also appreciate the sufferings of
the children and families, simply because a parent or sibling is
executed. They fail to appreciate that even the mandatory death penalty
has failed to reduce murder or drug trafficking in Malaysia.
Therefore, MADPET
– Call of Malaysia to ensure that
all those, if any, who ordered or paid for the murder of Altantuya
Shaariibuu are identified and prosecuted. The abolition of the death
penalty will also make it less likely for accomplices including those
who ordered or paid others to do the crime to escape justice, as the
those caught and/or convicted will more likely help make this happen, if
their assistance can affect/reduce sentences;
– Calls for the Malaysian
Government to immediately, preferably during this upcoming Parliamentary
session beginning in March 2019, to bravely table the relevant Bills
that will see the abolition of the Death Penalty; and
– Calls for the Malaysian
government to immediately commute the death sentences of all those on
death row, which was about 1,267 in July 2018.
Charles Hector
For and on behalf of MADPET
No comments:
Post a Comment