Tuesday, March 19, 2019

On Death Penalty - What Malaysia accepted at the UPR in November 2018 - UN document dated 18/2/2019

For your information, Malaysia has published its response to the recommendations made during its review last November, and has accepted most of the death penalty ones. Based on UN document publishing Malaysia's response dated 18/2/2019 which states 'Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review'

It has fully accepted the following recommendations:
-          151.91 Establish a de facto moratorium on the death penalty with a view to its abolition (Portugal);
-          151.92 Ensure the adoption of the necessary legislation to abolish the death penalty in a timely manner (Republic of Moldova);
-          151.93 Continue to take steps for the abolishment of the death penalty and to revise the cases of persons on death row (Romania);
-          151.95 Establish a moratorium on the death penalty pending an act of Parliament to abolish it (Albania);
-          151.97 Continue with abolishing the death penalty and adopt a moratorium on the execution of the death penalty (Spain);
-          151.98 Take further steps in limiting capital crimes with the aim of abolishing the death penalty (Cyprus);
-          151.99 Intensify its efforts towards the abolition of the death penalty (Georgia);
-          151.100 Immediately place a moratorium on the application of the death penalty with a view to its complete abolition (Fiji);
-          151.104 Consider the adoption of a moratorium on executions (Italy);
-          151.106 Concretize the commitment of abolishing the death penalty as soon as possible (Switzerland);
-          151.107 Abolish the death penalty (Norway);
-          151.108 Introduce a moratorium on executions with a view to abolishing the death penalty (Paraguay);

It has partially accepted the following ones, with an aim to fully accept them in the course of the implementation cycle:
-          151.94 Complete legislative efforts aimed at abolishing the death penalty (Ukraine);
-          151.96 Ensure early submission to Parliament of legislation abolishing the death penalty and repealing the Sedition Act (Australia);
-          151.102 Maintain the recent moratorium on executions and completely abolish the death penalty (France);
-          151.103 Swiftly pass all necessary legislation to abolish the death penalty for all criminal offences (Germany);
-          151.105 Improve and implement legislation for the complete abolishment of the death penalty (Sweden);
ð  The following justification was given: The Government has announced on 10 October 2018 that the death penalty will be abolished. The announcement was made following the Cabinet’s decision for the Pardons Board to review their decision to reject the clemency request on death sentence and to consider replacing it with life imprisonment. A moratorium has also been imposed on all executions for death row inmates who have yet to be considered by the Pardons Board. Once the necessary legislation amendment for the abolition of the death penalty is deliberated at Parliament and endorsed, the recommendations will thereafter be fully accepted.

It has noted the following ones (yet it has emphasized that even the noted recommendations would remain under consideration in the next few years):
-          151.101 Fully abolish the death penalty without delay (Finland);
o   The following explanation was given for this response: “[…] With regard to the death penalty, once the amendment to the necessary legislation for the abolition of the death penalty is tabled before and passed by Parliament, the related recommendations will thereafter be accepted.
-          151.37 Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (Montenegro);
o   The following explanation was given: The Government of Malaysia reaffirms its commitment to ratify all remaining international human rights instruments. However, there is a need to achieve precise and full understanding of the relevant rights and obligations as well as to consider the possibility of reconciling any of the standards established by the said instruments with those embodied in long-standing domestic laws, traditions and circumstances as well as philosophy, as reflected in the Federal Constitution of Malaysia. As a responsible member of the international community, Malaysia has always taken into consideration its commitment and ability to fulfil the entailing obligations before becoming a signatory to any international instruments. With regard to the reservations made for the instruments that Malaysia has acceded to, these reservations will still be retained due to their inconsistency with the Federal Constitution, law and national policies. Nevertheless, consultations with the relevant Ministries and civil society organisations are ongoing to pursue the ratification of suitable conventions.

Thank you Jeanne Hirschberger, Assistante programmes / Programme support officer of ECPM 
-image for Malaysiakini
See earlier post that also shows Malaysia's official response on the various recomendations it accepted...which it only partially accepted and why...which it only noted and why.. .

What UPR recomendations Malaysia accepted. Why others partially accepted or just noted? (18/2/2019)

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