2 Indonesians escape death penalty - but puts 2 other still in risk, and has affected their right to a Fair Trial

It certainly is good news that these 2 Indonesians who were facing the mandatory death penalty on a 'drug trafficking' charge have been released...

These 2 together with two others were arrested by the Malaysian police in a parking lot on 17/1/2013. So there were 4 persons arrested and charged, and all possibly facing the death penalty.

From the news report in Tribun.com, which is in Bahasa Indonesia, it seems that  prosecution apparently withdrew the charges against these 2 persons - apparently on condition that they turn prosecution witness and testify against the other 2. According to the report, they already have given evidence in court..

I could not find out the nationality of the other 2 persons, but more likely than not these 2 are still facing the mandatory death penalty..

PROBLEM AND CONCERN - It is not uncommon for prosecution to offer 'deals', which could lesser charges or even complete withdrawal of charges to persons JOINTLY charged with other persons for a crime - sometimes on condition that they turn 'Prosecution Witness' against the others. Joint Trials are dangerous for accused in such cases when co-accused suddenly end up agreeing to prosecution deals in mid-trial, and worse turning to be prosecution witnesses. Will these 'witnesses' be credible witnesses, especially since these are people who will be willing to say anything to escape imprisonment - let alone the gallows. In such cases, all the questions raised, the doubts created, etc will just get 'removed' from the trial records when these accused persons have their charges withdraw or they plead to a lesser charge, and it will be prejudicial to the remaining accused persons.Note that lawyers of the accused person will usually not repeat the questions or raise doubts raised already by a lawyer of another accused person who already asked before him/her some questions, so a removal from records of questions and answers, and doubts created by a co-accused lawyer once the accused's charge is withdrawn or suddenly pleads guilty to a lesser charge will prejudice remaining accused. Even if it is not removed/considered by the court, the fact that a co-accused has had their charge withdrawn or had pleaded guilty to a lesser charge, and worse if appeared as prosecution witness, whatever points/doubts that has been raised by that accused's lawyers  loses weight.

To have the right to a fair trial, it is important that there be a fresh new trial of the remaining accused persons before a new Judge. 

We should call for a fresh new trial before a new Judge for the remaining accused persons still facing the mandatory death penalty if convicted.

Malaysia has been indicating that it wants to abolish the death penalty, and we hope that it is done soon.

Next, if the dropping of the charge against the 2 Indonesians was because of pressure from Indonesia, or the commuting of death penalty to imprisonment was because of pressure from a foreign government, is this not a great INJUSTICE to others? Would this not be a violation of the Constitutional guarantee of equality and equal treatment under the law?

We are happy for the 2 Indonesians whose charge was dropped, but we must be more concerned for the remaining 2 who faces the death penalty, and their right to a fair trial. 

Thursday, 24 October, 2013 | 11:00 WIB

Indonesians Freed from Death Penalty

TEMPO.CO, Jakarta - President Susilo Bambang Yudhoyo (SBY) expressed his appreciation towards the exemption of two Indonesians from death penalty in Malaysia. The two Indonesians are Heni Herawati and Indah Kumala Sari. 

Heni and Indah were exempted from death penalty after prosecutor of the Kuala Lumpur Court withdrew its charges of drug possession pressed against the two Indonesians.

"I thank the Indonesian Embassy in Kuala Lumpur, lawyers and other government elements for their endeavors and hard work," the President said via his Twitter account on Thursday, October 24.

The President claimed that up until today, the Indonesian government had succeeded in releasing 140 Indonesians from death penalty.

"I hope all Indonesians abroad comply with [local] laws and avoid committing crime," he said.

Heni, Indah and two other suspects were previously arrested by the Royal Malaysia Police on January 17, 2013, at a parking space of a hotel in Kuala Lumpur for drug drug possession. - Tempo.com, 24/10/2013, Indonesians Freed from Death Penalty

"...Sebelumnya dibertiakan bahwa Heni dan Indah terbebas dari hukuman mati di Malaysia, setelah jaksa penuntut umum di sidang di Mahkamah Tinggi pada 21 Oktober 2013 kemarin menarik dakwaan kepemilikan narkoba terhadap keduanya.

Keputusan JPU itu didasari surat pembelaan awal yang disampaikan oleh pengacara KBRI Kuala Lumpur. Selanjutnya, JPU meminta kedua WNI itu menjadi saksi utama.

Pada hari yang sama, Heni dan Indah memberikan kesaksian di depan Mahkamah. Hakim lalu memberikan kuasa penjagaan atas Heni dan Indah kepada KBRI Kuala Lumpur dan meminta pihak kedutaan memproses pemulangan keduanya ke Indonesia.

Saat ini Heni dan Indah berada di selter KBRI Kuala Lumpur sambil menunggu kelengkapan dokumen yang diperlukan untuk proses pemulangan ke Indonesia. Keduanya ditangkap oleh Polis Diraja Malaysia bersama dua tersangka lain pada 17 Januari 2013, di halaman parkir sebuah hotel berbintang di Kuala Lumpur dengan tuduhan terlibat tindak pidana narkotika...." - Tribunnews.com, 24/10/2013, Dua WNI Bebas dari Hukuman Mati, SBY: Alhamdulillah, Jangan Diulangi Lagi

RM7.98 per day for food only per prisoner - More money than minimum wage (RM900) being spend per prisoner by Malaysia

It was disclosed in Parliament today, that RM35 is spend per prisoner per day, and for food only RM7.98 per day (i.e. cost of food items only not including cooking services, etc..) - this is what I understood watching the proceedings on the net(see the Hansard of the day to get the actual words used.)

Manakala purata perbelanjaan untuk makanan bagi seorang penghuni pada setiap hari adalah sebanyak RM7.98 - Answer to MP Teresa Kok on 24/10/2013 (see below for the full question and the answer)

Now, using this figure for Malaysian individuals and household

For a bachelor :- RM7.98 X 30 = RM239-40

For a husband and wife :- RM7.98 X 30 X 2 = RM478.80

For a household of husband, wife & 2 kids/dependents =  RM7.98 X 30 X 4 = RM957.60

In Malaysia, the average household size is about 4....something, and what comes to light is that just for food it is already RM957.60, and if we were to add rental/housing loan, car/motorbike charges, clothings, television (ASTRO minimum is RM30 plus), electricity, water, sewage, telecommunication, savings, etc - this figure would be so much higher...

Hence, the current minimum wages of RM900 for Peninsular Malaysia (and RM800 for Sabah and Sarawak) is not even sufficient for food for a household of 4..

The poverty rate of Malaysia also falls below this figure... What is the poverty line income for a household in Malaysia? What is that income per household (which in Malaysia an household is 4.4 persons), below which the household would be considered 'poor' or 'hardcore poor'? The government of Malaysia does not disclose this figure, let alone how it is being calculated? How many households are in the category of poor and hardcore poor? This too is not disclosed.

The Minister of Human Resourses in 2010 disclosed that "....34% of 1.3 million workers in the study earn less than RM700. It could be more. Our Government has determined the poverty line to RM720..."

"...The other reason is, according to our National Employment Returns 2009, 34% of 1.3 million workers in the study earn less than RM700. It could be more. Our Government has determined the poverty line to RM720, so we have by virtue of the wage mechanism itself, we are creating poverty in about 34% of people on the go, without doing anything else at all. So when the Government decided the poverty rate is RM720 and our wage mechanism by virtue implementation as we have, shows that 34-35% of below poverty line and that is something to do and to think about...." - 

SpeechBy Y.B. Datuk S. Subramaniam, Minister Of Human Resources National Minimum Wage Workshop, 4August 2010, Putrajaya International Convention Centre

Now, the Minister was wrong when we look at available figures for 2009

 

 

In end of March 2013, the Minister in the Prime Minister’s Department Tan Sri Nor Mohamed Yakcop disclosed that the ',,,,country's s overall poverty rate dropped to 1.7% in 2012, compared to 3.8% in 2009...'.Star, 28/3/2013, Big drop in poverty rate

How could this be? Unless the poverty line income, despite obvious increases in the cost of living, have been reduced unreasonably, for after all that is a 'smart' way to reduce po

Malaysia has a population of about 27 million - that means about 459,000 Malaysians(or more than 111,000 households) are poor. (But again, what is income per household used to come to this figure?

Now, Malaysian government revealed that many Malaysians are 'poor' and needed financial assistance from the government in the form of BRIM payments, and if we use the figures of those that need 'help' - it shows that about 21 million Malaysians fall within this category, i.e. they are 'poor'. Surely, the BRIM exercise was not a 'vote-buying' exercise before GE13, and must be taken as indicative of the state of poverty in Malaysia. [ See also 21 million poor Malaysians in need of government financial aid? Poverty line income should be increased to RM3,000 in line with BR1M]

Now, if one household's income is RM1,000,000 and 6 other household income is RM1,000 and 3 is RM300, the average household income is RM100,690-00, and this is why average income will never give us the true picture of the state of 'wealth', income or poverty of individual Malaysians or Malaysian households. 

Despite similar growth rates, urban household income grew at 6.6% per annum from RM4,705 a month in 2009 to RM5,742 in 2012 while rural household income went up at a rate of 6.4% a year from a monthly average of RM2,545 in 2009 to RM3,080 in 2012. - Star, 28/3/2013, Big drop in poverty rate

What came out in parliament, i.e. that we are spending almost RM8 per prisoner, and about RM35 overall per prisoner, which multiplied by 30 days would be that a Malaysian would need at least RM240 for just food, and on the whole would need  RM1,050.

For an household of 4.4, it would be RM1,056 for food, or RM4,620 for overall expenses. 

It is ODD that we are spending way above the Minimum Wage Income of RM900 per prisoner, noting that many workers in Malaysia still do not enjoy minimum wages yet - hopefully after the end of 2013.

Now, Malaysia hides statistics of crime - and many of us believe that there is an increase in petty crimes like purse-snatching, home break-ins, theft, incidence of telephone cable thefts (in the past 2 years, about 4 times in my kampung only), car break-ins, etc - all this indicative of the desperation and poverty in Malaysia. By the way, Malaysians crime figures were previously available of the police(PDRM) websites...now 'secret' and no more available. Why? We want to know the figures - not some vague 'crime index'...

My belief is that the state of poverty is bad - whilst there has been an increase in the income of the very very rich...

Do I believe this government? I must say 'NO' - Please be honest, so that we can all play our part to improve the situation of Malaysians and Malaysian household so that every person will be able to enjoy a good dignified life..

We are certainly spending too much per prisoner - and so we must try to reduce the number of prisoners. Remove mandatory prison sentences and introduce other forms of punishment like community services. Parole should also be made more easily available. There must also be 'counseling', that is followed up even after release. There must be 'skills training' and job placements for ex-prisoners, especially for those petty criminals (not gang related) who out of desperation for the survival of themselves and their families resorted to crime. 

But more importantly, the reasons for committing crime needs to be eradicated, and the main reason, I believe, is poverty, and for this Malaysian government must INCREASE minimum wages (and give no exemptions), ensure REGULAR employment (i.e. employment until retirement age), introduce UNEMPLOYMENT BENEFIT to assist those who lost jobs and the unemployed, intervene to ensure that Financial Institutions allow the unemployed to delay monthly loan payments during their period of unemployment or 'temporary employment with lower wages', etc..

NO. SOALAN:4

PEMBERITAHUAN PERTANYAAN BAGI JAWAB LISAN

DEWAN RAKYAT

PERTANYAAN    :               LISAN
DARIPADA          :               PUAN TERESA KOK SUH SIM [SEPUTEH]
TARIKH                 :              � �24 OKTOBER 2013
RUJUKAN            :               6190
SOALAN               :              

PUAN TERESA KOK SUH SIM [SEPUTEH] minta MENTERI DALAM NEGERI menyatakan jumlah banduan di setiap penjara di Malaysia sehingga 30 September 2013. Nyatakan perbelanjaan makanan bagi setiap banduan setiap hari dan jumlah kos perbelanjaan penjara di seluruh negara bagi tahun 2010, 2011, 2012 dan 2013.

JAWAPAN           :              

Tuan Yang di-Pertua,

Izinkan saya untuk menjawab soalan daripada YB Seputeh bersekali dengan soalan daripada YB Bukit Gelugor pada hari ini memandangkan perkara yang dibangkitkan berkaitan isu yang sama.

Untuk makluman Ahli Yang Berhormat dan Dewan Yang Mulia ini, statistik Jabatan Penjara pada 30 September 2013 menunjukkan jumlah penghuni di seluruh institusi penjara Malaysia  adalah seramai 39,710 orang.

Berasaskan peruntukan yang diluluskan untuk anggaran belanja mengurus bagi Jabatan Penjara pada setiap tahun mulai 2010 hingga 2012 secara purata sejumlah RM655.96 juta dibelanjakan untuk menguruskan seluruh penjara dan penghuni.

Manakala purata perbelanjaan untuk makanan bagi seorang penghuni pada setiap hari adalah sebanyak RM7.98. - Blog Teresa Kok, Sassy MP

 

Published: Thursday March 28, 2013 MYT 12:00:00 AM
Updated: Wednesday April 24, 2013 MYT 2:08:19 PM

Big drop in poverty rate

PUTRAJAYA: Malaysia more than halved its poverty statistics over the past three years, with the number of poor people now standing at less than 110,000 nationwide, said Minister in the Prime Minister’s Department Tan Sri Nor Mohamed Yakcop.

He said the country’s overall poverty rate dropped to 1.7% in 2012, compared to 3.8% in 2009.

“With this achievement, the target under the 10th Malaysia Plan to reduce overall po­verty to 2% in 2015 has been achieved three years earlier.

“This is a result of rapid economic development and the effectiveness of poverty eradication programmes carried out by the Go­­vernment,” he said at a press conference to announce the findings of the 2012 National Household Income Study here.

He said the fall in incidences of poverty happened in both urban and rural areas, with urban poverty falling to just 1% last year compared to 1.7% in 2009, while rural areas registered a significant drop from 8.4% in 2009 to just 3.4% in 2012.

Sabah registered the biggest reduction in poverty from 19.7% of the population in 2009 to 8.1% three years later.

The minister said all states registered a reduction in poverty rates, with marked improvements in Penang, Selangor, Malacca and the federal territories – all of which ave­raged 0% hardcore poor in their areas as at 2012.

“This is proof that the Federal Government’s initiatives to eradicate poverty have succeeded and been of benefit to the rakyat regardless of differences in political ideology,” he said.

Meanwhile, Malaysians enjoyed an annual increase of 7.2% to their average household income over the 2009-2012 period, or a nearly a RM1,000 hike in their average monthly income from RM4,025 in 2009 to RM5,000 in 2012.

Despite similar growth rates, urban household income grew at 6.6% per annum from RM4,705 a month in 2009 to RM5,742 in 2012 while rural household income went up at a rate of 6.4% a year from a monthly average of RM2,545 in 2009 to RM3,080 in 2012.

Despite this, he added that Malaysia still improved on wealth distribution, having secured a lower score of 0.431 on its “Gini coefficient” (a system to measure inequality in wealth distribution) in 2012, compared to 0.441 in 2009..Star, 28/3/2013, Big drop in poverty rate

Proham reflections on the UPR and Human Rights in Malaysia

* There has been much reports about the Malaysia's upcoming UPR. Critics, however, did not look at the entire CSO report/s but chose to focus on just some of the many many points raised - see below PROHAM's reflections taken from their Blog

 

Proham reflections on the UPR and Human Rights in Malaysia

by Tan Sri Simon Sipaun (Proham Chairman)

According to the UN Secretary-General, Mr. Ban Ki-moon the UPR ‘has great potential to protect and promote human rights in the darkest corners of the world.’  However, past as well as current events in Malaysia do not indicate that the UPR has made any positive impact in the promotion and protection of human rights in the country. In many ways, the state of human rights has deteriorated since the first UPR process involving Malaysia.

The UPR was established by the UN General Assembly on 15th March, 2006. Its main objective is the improvement of the human rights situation in all the 193 member-states of the UN. It involves assessing states’ human rights records and addressing human rights violations wherever they occur.

Malaysia & UPR (2009 & 2013)

Malaysia had its first taste of UPR process on 11 February, 2009. In that exercise 103 recommendations were directed at Malaysia. Malaysia accepted 62, noted 22 and the remaining 19 recommendations were clarified during the adoption of Malaysia’s UPR outcome report at the 11th session of the Human Rights Council in June 2009. According to the Coalition of Malaysian NGOs in the UPR Process (COMANGO) only about 23% of the recommendations were implemented. There is nothing to be proud of in the statistics.

The government portrayal of the state of human rights situation in the country hides the real situation. At best it is cosmetic and involves a lot of public relations exercise to try and impress other countries which are associated with the UPR process on Malaysia. For instance, the government submission is silent on the Bersih rally and the public inquiry on it by Suhakam.

Prevention of Crime Act 1959 (PCA)

The latest nail on the coffin of human rights in Malaysia was in the form of the amendments to the Prevention of Crime Act 1959 (PCA) which have been bulldozed and passed by Parliament just after mid night on 2nd October, 2013.

For the record PROHAM has issued press statements against the amendments. It has also organized a discussion on the subject on 30th September, 2013. During the discussion, PROHAM member of the executive committee Datuk Kuthubul Zaman Bukhari presented a very comprehensive and convincing analysis why the amendments should be opposed.

Sadly the government of the day which represents the minority saw it fit to push through the highly undemocratic amendments. It is rather odd that it came just before Malaysia is to appear for the second time for the UPR process in 2 days’ time on 24th October, 2013 in Geneva. In the meantime I read in the news that the Minister of Home Affairs has claimed ‘ownership’ of the amendments. He is also reported to have advocated a ‘shoot first talk later’ policy with the claim that more often than not Malays are the victims. It cannot be more racist and human rights unfriendly than this. This is indeed a sad and black day for human rights in this country.

The ISA has come back with a vengeance. It is ISA 2. Arrest without trial represents one of the worse forms of human rights violations. It is a common feature in totalitarian states. If the government has enough evidence to arrest a person it should have enough materials to charge that person. Although government leaders keep saying the amendments will not be abused and used against political opponents, people are not convinced judging by what happened in the past during the years before the ISA and EO were repealed.

Arrest without trial is against the spirit and principles of human rights. Article 9 of the Universal Declaration of Human Rights (UDHR) provides that ‘no one shall be subjected to arbitrary arrest, detention or exile.’ Under Article 11 ‘everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.’

Detention without trial

Based on available information, 27 people were detained without trial in 2011. The number was 25 in 2010. There were 25 cases of custodial deaths in 2011 compared to 18 in 2010. Overcrowding in prisons and places of detention continue to persist. In 2010, the country’s 31 prisons held about 38,387 prisoners designed to hold about 32,600. By 2011 RELA membership reached about 2.7 million. There is great concern that they are not suitably trained, qualified and experienced to perform their duties professionally often leading to human rights violations of the people they are supposed to protect.

Religious Freedom

In the same breath the Prime Minister is trying to propagate to the rest of the world his Global Movement of Moderates. Malaysia is being portrayed internationally as a country in which ‘peace and public order are safeguarded in line with the supremacy of the constitution, the rule of law and respect for basic human rights and individual rights.’ Can it get more hypocritical than this?

The latest Court of Appeal unanimous decision to overrule KL High Court Judge Lau Bee Lan’s 2009 decision that the Home Ministry’s ban on the term ‘Allah’  by the Catholic weekly ‘The Herald’ was unlawful and unconstitutional as it violated Article 11 of the federal constitution is yet another serious blow to religious freedom in this country. All the 3 Judges were Malays and Muslims. Their decisions were not about the law but politics and ‘ketuanan Melayu.’

In the interest of justice, the judges should have been a Hindu, a Buddhist and a Sikh who would deliberate on the issue judiciously and from the constitutional and legal point of view. If there is any race which can claim ownership of the word ‘Allah’ it should be the Arabs. It is their word for God irrespective of whether they are Muslims or non-Muslims. To the best of my knowledge it is not a Malay word. Is there anywhere in the holy Koran to say that the word ‘Allah’ can only be used by Malay Muslims in Malaysia? If there is then I rest my case.

Because of Article 121(1A) of the federal constitution, non-Muslims in the country continue to be deprived of legal remedy. Reference in now being made to Malaysia as an Islamic state although it is not provided for in the constitution. I have known of cases in Sabah in which people are labelled as Muslims simply by having ‘bin’ or ‘binti’ in their names or merely having a Muslim sounding name.

Human Rights Commission (SUHAKAM)

Suhakam became operational on 24 April, 2000. It has prepared 12 annual reports but none has ever been debated in Parliament. One of its 4 main functions is ‘to advise and assist the government in formulating legislation and administrative directives and procedures.’ How is Suhakam expected to perform such function if the government does not bother to give Suhakam the draft bills?

 As early as in 2001 Suhakam recommended to the government to develop and formulate a national human rights action plan for the country. Suhakam provided the conceptual design. Such a plan will help to improve and strengthen the promotion and protection of human rights by placing human rights in the proper context of public policy. To date there is no sign of it becoming a reality.

 Year in year out Suhakam has been pleading for the government to accede to and ratify the 9 core human rights treaties. To date the number ratified by Malaysia remains at 3.

Democratic space

During the last 3 or 4 years people are increasingly becoming more aware of their political and civil rights. They are more assertive than ever before. Bersih 3 rally attracted a multi-racial crowd of about 250,000 people on 28th April, 2012. It is merely promoting a clean, free and fair election and yet the government saw it fit to declare it illegal. It is promoting good universal democratic values. Why is   the government having aversion towards it if it is not condoning dirty, unfair and elections which are not free?

Land Rights & Indigenous People

In view of the many continuous complaints related to land matters received by Suhakam, it undertook a national land inquiry for the first time from December 2010 to June 2012. It has finalized its report containing several recommendations and submitted to the government. Instead of favourably considering the implementation of the recommendations the government instead formed a task force to look into the report rendering the inquiry an exercise in futility.

Proham Recommendations

 

The ultimate objective of creating a culture of respect for human rights in this country remains a dream. However giving up is not the solution. It is not an option. The promotion and protection of human rights is a continuous process. It is a moving target and could change direction when least expected. It is an unending journey. What cannot be achieved today could be achieved tomorrow. Where the present generation failed, the next generation could succeed.

In the meantime PROHAM appeals to the government to delay the enforcement of the amendments to the PCA whilst holding more dialogues and consultations with civil society organizations and the public at large.

PROHAM recognizes the concern on crime. However, to eradicate crime by way of amendments to the PCA is not acceptable. PROHAM has repeatedly called for meaningful reform of enforcement agencies, better and professional policing and the allocation of more resources as well as raising the standard of criminal investigation to fight and eradicate crime. It has also called upon the government to implement without delay the Independent Police Complaints and Misconduct Commission. A police force which is truly professional should welcome such Commission.

------------------------------------------

Thoughts shared by Tan Sri Simon Sipaun (Proham Chairman) at the Proham Discussion on the UNIVERSAL PERIODIC REVIEW (UPR) AND MALAYSIA’S HUMAN RIGHTS STATUS held on 22nd October, 2013.

What we see is Parti UMNO - no more Parti Barisan Nasional? - The Sg Limau announcement of BN candidatec

I recently watched on TV the announcement of the Parti Barisan Nasional candidate for the upcoming Sg Limau State seat by election. The announcement was done by the Deputy Prime Minister, also the Deputy Chairman of the Barisan Nasional.

What was interesting was the absence of the leaders(or their reps) of the other Barisan Nasional parties like MCA, MIC, GERAKAN... 

In fact, in the opening of the speech, the DPM acknowledged the people present - and all were from UMNO - in fact no names mentioned of persons from the many other BN Parties (if I am not mistaken)

This makes one wonder whether Parti Barisan Nasional today is just 'Parti UMNO'? 

Or is the BN policy that if it is an UMNO candidate, then only UMNO will be there for the announcement of the BN candidate..odd

Then, I looked at the Barisan Nasional website and again we see the Chairman, Deputy Chairman, Secretary General are all from UMNO...

Normally, the Political Party also plays a role at monitoring the Executive (the PM and his Cabinet) but alas there seem to be no mechanism within the BN constitution to be doing this, and it also becomes difficult if and when the BN leadership is also the PM and the DPM.

No more ceramah posters, no more PAS and party flags flying ??- the proposed new s.440a

Now, if we were to try and get permission from the Town Council to put up a poster about a ceramah or about some issue being campaigned for by the people, civil society groups, political party - it is almost impossible, and the process is cumbersome, and you have to pay money....

This law also affects what is very common in Malaysia - the putting up of signboards and notices to some 'kenduri kahwin', etc

It also would stop the flying of PAS and other political party flags...which is a common sight in Malaysia from trees, etc...

If public property, you need to get the consent  (WRITTEN authority) of the government or the relevant government body...

And if PRIVATE property, you need to get the WRITTEN consent of the owner.... well, I am sure that many private owners of property usually do consent - but they are not going to give WRITTEN consent (atau PERSETUJUAN BERTULIS). If they do not consent or are not happy, then they will just take down such notices, banners or flags ...or even make a police report - there really is no need to get WRITTEN Consent.

This is yet another move to keep the people of Malaysia like 'frogs under the coconut shell' (katak di bawah tempurung) and give the incumbent government to stop the flow of information, alternative views and propaganda ... 

First, they made the Peaceful Assembly Act - 10 days notification, consent of owners,..

Then we have the case of Lena Hendry - cannot have in possession or use any video/CD, film which have not been approved by FINAS (Film Censorship Board)

Now, no more posters, banner, flags etc without the government approval or WRITTEN CONSENT of the Private Owner.

“Vandalism

440a.  Whoever without the written authority of the Government or of any statutory body in the case of public  property, or without the written consent of the owner or occupier in the case of private property—

(a) writes, draws, sprays, paints, marks, scribbles, scratches or inscribes on any public property or private property any word, slogan, caricature, drawing, mark, symbol or other thing;

(b) affixes, posts-up, exhibits or displays on any public property or private property any poster, placard, advertisement, bill, notice, paper or other document; or

(c) hangs, fastens, suspends, hoists, affixes, exhibits or displays on or from any public property or private property any flag, bunting, standard, banner or the like with any word, slogan, caricature, drawing, mark, symbol or other thing,

commits “vandalism” and shall be punished with imprisonment  for a term which may extend to three years.”.

 

Flags offence - prison for "not less than 5 years' is excessive

The Penal Code(Amendment) Bill 2013 raises much concerns. It proposes a new mandatory death penalty offence, new section 121e about flags, and of course that dangerous section 440A (that is about putting up posters, flags.... without permission). Here we will look at that section 121e....

When you say "not less than 5 years", means that the Judge has no discretion but to sentence a person convicted of the offence of "mutilates, defaces, physically defiles, burns, maintains on the floor or ground, tramples on, desecrates, destroys, insults or questions with the intention of dishonouring any national emblem or flag of a foreign nation", and this is certainly excessive. Remembering in a democracy, its citizens have the right of freedom of expression... If it is to be an offence, set only the maximum prison sentence and allow the judge to have the discretion. For some persons, maybe all that is needed is 1 day in prison..or maybe 1 week remembering that this could be a youth...

Note also that this extends to 'flags of foreign nation' - so, when Malaysia protest the drone killings by the US, or even against Israel... and... they will also be sentenced to 5 years at least...It is good that a BN Mp has come out

Penal Code changes draw ire of BN's Azalina

Ram Anand 4:29PM Oct 21, 2013

PARLIAMENT Azalina Othman (BN-Pengerang) has taken a critical stand on the government's Penal Code amendment provisions, surprisingly arguing that the provisions could end up victimising "innocent people".

She took particular exception to the proposal to jail individuals for a minimum of five years for showing disrespect to the national flag Jalur Gemilang.

"What if it is just a young boy who did not think of the consequences of his actions? He would go to jail with rapists and murderers," she said when debating the amendments in the Dewan Rakyat today.

"Please have mandatory counselling for these cases. If the same (person) repeats the offence five or 10 times, then it is understandable (to penalise them). If someone burns the national flag, chances are that the person is naughty (or) insane, not bad per se.” - Malaysiakini, 21/10/2013, Penal Code changes draw ire of BN's Azalina

Knee-jerk reaction shows insecurity’

Debating the Bill, N Surendran (PKR-Padang Serai) said that introducing such sections is a “knee jerk” reaction which shows “insecurity”.

“We reject any attempt to insult the Jalur Gemilang. There is no apologies for that, but is it a crime?...

“There must be readiness to accept criticism. Such provisions in the law show that we are not confident of our flags and institutions (so that) we are too sensitive,” he said.

Khalid Samad (PAS-Shah Alam) added that the only people who think that flying the Sang Saka Malaya is a crime are “Umno who celebrate Merdeka as if it is Umno/BN Day”.

He said that this is to deny the role of others in the independence movement, and to lay a claim of monopoly on the struggle.

Khalid said that it is people who try to black out parts of history who should be punished, and not those who fly a flag that was part of the nation’s history.

This irked BN MPs who said that it is because of people like Khalid who “twist history” that such laws must exist.

Shabudin Yahaya (BN-Tasek Gelugor) said that to educate the young, we must at least agree on one flag, and defend it.

“You said that we need education to reduce crime, but how can we educate if we can’t even have one version of the flag? People will blame us if we fail to defend the Jalur Gemilang,” he said.

Nazi symbols and the Sang Saka Malaya

Wan Mohammad Khairil Anuar Wan Ahmad (BN-Kuala Kangsar) said that even in developed countries, some flags and symbols are considered taboo.

“Is Nazism accepted by Western governments? Even the slightest hint of Nazi symbols are not allowed in Europe,” he said.

To this, Khalid said that equating the Sang Saka Malaya to Nazi symbols is a “desperate move to defend a baseless law”.

“I don’t see anyone being jailed for five year it for carrying a Nazi flag in the United Kingdom.

“In fact it is even a joke, albeit dark humour, as the bulk of society has rejected it,” he said, noting that the section is driven by emotion and not rationally.
Meanwhile, Tian Chua (PKR-Batu) questioned if Malaysians will be persecuted if they trample on the Israeli flag during a protest against an Israeli attack on its neigbour.

“The law does not exempt flags of countries which Malaysia does not acknowledge,” he said.  - Malaysiakini, 21/10/2013, Sang Saka-flying act prompted Penal Code change

Do we want to send this person to jail with robbers, rapist and killers? I think not - alternative forms of punishment is preferred

 

Well, the government is amending the Penal Code, and making it an offence to even promote the usage of some other flags for States and Malaysia...surely citizens have the right to make proposals and lobby for support for their ideas that our flags be changed...surely Malaysians have the right to suggest a new flag for the country/States and to lobby to get people's support...

“Destruction, etc. of national emblem

121e.  (1)  Whoever mutilates, defaces, physically defiles, burns, maintains on the floor or ground, tramples on, desecrates, destroys, insults or questions with the intention of dishonouring any national emblem or flag of a foreign nation shall be punished with imprisonment for a term of not less than five years and not more than fifteen years, and shall also be liable to fine.

(2)  Whoever uses, recognizes or promotes the use of any flag that purports to represent Malaysia other than the flag specified as the Malaysian flag under the Schedule to the Emblems and Names (Prevention of Improper Use) Act 1963 [Act 414], or any State in Malaysia other than the flag provided for under the relevant legislation of each State, shall be punished with imprisonment for a term of not less than five years and not more than fifteen years, and shall also be liable to fine.

(3)  For the purpose of this section, “national emblem” has the meaning assigned under the National Emblems (Control of Display) Act 1949 [Act 193].”.

Say NO to Malaysia's attempt to introduce another mandatory death penalty offence

Penal Code (Amendment) Bill 2013 is trying to introduce another offence (the proposed new section 130 qa) whose sentence is the MANDATORY Death Penalty. The Bill is currently being debated in the lower House of Parliament, the Dewan Rakyat.

130qa.  Whoever accepts gratification to facilitate or enable the commission of any terrorist act shall be punished—

(a) if the act results in death, with death; and

(b) in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine.”.

We condemn the creation of yet another MANDATORY Death Penalty offence - when Malaysia really should be following the global trend towards abolition of the Death Penalty.

A mandatory death penalty also removes judicial discretion when it comes to sentencing, and this is wrong. Death penalty (although we oppose  this), could be an option available to judges which could be used in the worst case scenario, but Judges should also have the option to sentence persons to imprisonments, which could extend extend natural life imprisonment.

In this modern day and age, death penalty is no more necessary. It has been shown even in Malaysia that the death penalty does not serve as a deterrent. There are available alternatives like long prison terms, life imprisonment or even imprisonment for the natural life of the convicted (i.e. that person will be in jail until he/she dies).

We do not want to risk sending an innocent person to death - and there has been so many cases where the innocent have been killed by the State. A most recent case has been the Taiwan case. [See  http://madpet06.blogspot.com/2012/11/my-son-executed-then-they-said-they.html]

"My son was killed for a crime he did not commit…. our family has lived in shame and neighbours never spoke to us. Whatever apology or compensation the government promises, it is too late.”- Wang Tsai-lien, mother of Chiang Kuo-ching who was coerced into making a confession and subsequently executed in error in 1997 in Taiwan.

Malaysia really must abolish the death penalty - and most importantly and immediately remove the MANDATORY death sentence from all laws. Return to judges the discretion when it comes to sentencing - so that people can be sentenced taking into consideration the facts and circumstances of their case...