Malaysians against death penalty

22
MADPET MADPET (Malaysians Against (Malaysians Against Death Penalty and Death Penalty and Torture) Torture)

description

 

Transcript of Malaysians against death penalty

Page 1: Malaysians against death penalty

MADPETMADPET (Malaysians Against (Malaysians Against

Death Penalty and Death Penalty and Torture)Torture)

Page 2: Malaysians against death penalty

MADPETMADPETCame into being in January 2005MADPET Blog - http://madpet06.blogspot.com/

MADPET Yahoo GroupMADPET Facebook Page

http://www.facebook.com/groups/199106206769239/

* we also use other e-Groups, Blogs, alternative media, etc… * we use talks, forums, radio/TV, * we use awareness building …information providing … * we use Media Statements – preferably Joint Statements

Page 3: Malaysians against death penalty

Death penalty in Malaysia441 hanged to death since 1960, another 696

on death row as at 20/2/2011Between 2000-2010, 9 persons were hanged Between 2000-2010, 9 persons were hanged

for murderfor murder860 sentenced to death in Malaysia - on 860 sentenced to death in Malaysia - on

death row (as of 28/2/2012)death row (as of 28/2/2012)Today, there are about 900/930 on death

row.

Page 4: Malaysians against death penalty

When Malaysia Hangs – We are personally responsible

And we hanged – no MURDERED 441 persons since 1960 until March 2011

And, 81 percent of them did not directly take another human being’s life. (Murder – 78 or 18%)

130 were killed because we choose to charge them under the ISA, the only one that provides for mandatory death penalty – and not 2 other laws that could be used.

228 were for drug trafficking

Page 5: Malaysians against death penalty

Executed Death Row

Drug Trafficking

228 [52%] 479 [69%]

Firearms 130 [29%] 13 [2%]

Murder 78 [18%] 204 [29%]

Others 5 [1%]

TOTAL 441 696

Malaysian Death Penalty (1960 – March 2011)

[i] Home Minister Hishammuddin Hussein’s reply to Bukit Bendera MP Liew Chin Tong’s question last Thursday (31/3/2011) in Parliament - Free Malaysia Today, 3/4/2011, Time to abolish death sentence.

Page 6: Malaysians against death penalty

MALAYSIANS 184Malays 48Chinese 102Indian 15 Others 19

FOREIGN NATIONALS 50Thailand 7Philippines 23Singapore 4Indonesia 2Australia 1Britain 1Pakistan 1

[i]

Statistics from Prime Minister Abdullah Ahmad Badawi, who was also Minister for Internal Security, in response to a written question submitted in parliament. – Malaysiakini, 3/2/2005, Gov't reveals execution statistics: 358 hanged in 24 years

Malaysian Death Penalty (1980 -2005)Statistical Breakdown of 234 out of 358 Executed

Page 7: Malaysians against death penalty

Mandatory Death Sentencemurder (sec. 302, Penal Code), drug trafficking (sec. 39B Dangerous Drugs Act 1952),drug trafficking (sec. 39B Dangerous Drugs Act 1952), unlawful possession of firearms (sec 57 Internal Security

Act), the discharging of a firearm with intent to cause death or

hurt to any person, shall, notwithstanding that no hurt is caused (sec. 3 Firearms (Increased Penalties) Act 1971) while committing the any of the following offences, being (a) Extortion, (b) Robbery, (c) preventing or resisting by any person, of his own arrest or the arrest of another by a police officer or any other person lawfully empowered to make the arrest, (d)Escaping from lawful custody, (e) Abduction or kidnapping under sections 363 to 367 of the Penal Code and section 3 of the Kidnapping Act 1961, or (f) House-breaking or house-trespass under sections 454 to 460 of the Penal Code …

…….

Page 8: Malaysians against death penalty

Drug Trafficking (sec 39B Dangerous Drugs Act) – When the burden shifts from prosecutor to the accused

Legal Presumptions:-

37(d) any person who is found to have had in custody or under his control anything whatsoever containing any dangerous drug shall, until the contrary is proved, be deemed to have been in possession of deemed to have been in possession of such drugsuch drug and shall, until the contrary is proved, be deemed to have known the deemed to have known the nature of such drugnature of such drug;

Page 9: Malaysians against death penalty

Drug Trafficking (sec 39B Dangerous Drugs Act) – When the burden shifts from prosecutor to the accused *

37(da) any person who is found in possession of -(i) 15 grammes or more in weight of heroin;…(xxv)…

otherwise than in accordance with the authority of this Act or any other written law, shall be presumed, until the contrary is shall be presumed, until the contrary is proved, to be trafficking in the said drugproved, to be trafficking in the said drug

Page 10: Malaysians against death penalty

Drug Trafficking – 228 Hanged, Drug Trafficking – 228 Hanged, 479 on death row479 on death rowsince 1960, 52% or 228228 human beings in Malaysia who were hanged to death were for drug trafficking, and 479 or 69% of those currently in death row are there for this offence.

Page 11: Malaysians against death penalty

MALAYSIAMALAYSIA• 2010 –Malays about 50.4%, Malays about 50.4%, other Bumiputra about

11%,Chinese 23.7% and Indian 7.1% plus all the rest.• Muslim 61.3 per centMuslim 61.3 per cent; Buddhist 19.8 per cent;

Christian 9.2 per cent; Hindu 6.3 per cent; Confucianism, Taoism and other traditional Chinese religions 1.3 per cent; Atheist 0.7 per cent; and other or unknown religions 1.4 per cent. [ Source: 2010 Population and Housing Census]

• Political leaders, civil service including police, military, etc – Malay Muslim…and in Islam, death penalty is permitted.in Islam, death penalty is permitted.

• Islam is state controlled – and dissenting views are not welcome.

• Political Risk to take an ‘anti-death penalty’ Political Risk to take an ‘anti-death penalty’ positionposition

Page 12: Malaysians against death penalty

Uphill TaskUphill TaskGiven the context, the struggle for the Given the context, the struggle for the

abolition of the Death Penalty is an uphill task abolition of the Death Penalty is an uphill task – many, even strong human rights activists, – many, even strong human rights activists, would choose to ABSTAIN/AVOID on the would choose to ABSTAIN/AVOID on the issue of Death Penalty. issue of Death Penalty. Sadly some have Sadly some have even called for death penalty for new offences even called for death penalty for new offences – child rapist, etc – child rapist, etc

Targets of our Campaign:- Targets of our Campaign:- PeoplePeople, CSOs, , CSOs, NGOs, Trade Unions, Politicians, NGOs, Trade Unions, Politicians, GovernmentGovernment

Strategies:- Need to be creative ….and the Strategies:- Need to be creative ….and the means used must be varied means used must be varied

Page 13: Malaysians against death penalty

The way forward…The way forward…In our struggle to abolish the death penalty – In our struggle to abolish the death penalty –

we need to EXPAND to include others…we need to EXPAND to include others…At the same time, we need to also expand our At the same time, we need to also expand our

concern and actions making the struggle for concern and actions making the struggle for human rights and justice our goal. human rights and justice our goal.

Our focus remains – and what is expected is minimal solidarity with others in fighting for Human Rights..

MADPET tries hard to take this approach…. in the struggle towards abolition of the Death Penalty… we try to make it not a MADPET struggle but an effort of all… (which sometimes means taking a back seat..)

Page 14: Malaysians against death penalty

MALAYSIAN BAR2006 – Resolution for the Abolition of

Death Penalty2012 – Passes another Resolution (this

time no abstention, no objections)Since 2006, the Malaysian Bar has been

consistent in the struggle for the abolition of the death penalty…

Page 15: Malaysians against death penalty

Malaysian Human Rights Commission (SUHAKAM)The Commission has consistently called for the

Government to consider a moratorium on the death penalty or commuting this form of punishment to life imprisonment, especially for those who have been on death row for more than five years. It also wishes to call upon the call upon the Government to review the relevance and Government to review the relevance and effectiveness of capital punishment and to effectiveness of capital punishment and to join the other 140 UN member states to join the other 140 UN member states to completely abolish the death penalty. completely abolish the death penalty. - Media Statement by TAN SRI HASMY AGAM Chairman ,The Human Rights Commission of Malaysia (SUHAKAM) 22 October 2012 22 October 2012

Page 16: Malaysians against death penalty

PROHAM & ….PROHAM & ….Proham recognises that society has

a moral obligation to protect human life and not to take it. As such the death penalty is the ultimate irreversible denial of human rights. The death penalty is unjust.

By abolishing the death penalty it affirms our condemnation of cruelty and affirms the value of human life. - 3/11/2012. The Association for the Promotion of Human Rights or PROHAM is established by former members of the Human Rights Commission of Malaysia (Suhakam) and the Royal Police Commission.

IN SUPPORT OF ABOLISHING THE DEATH PENALTY AND APPEAL TO REFORM CRIMINAL LAWS – CCM Youth 2/9/2010

Umi Azlim Mohamad Lazim, 24, a university science graduate from a poor Malay family of rice farmers, admitted to having 2.9 kilograms in her luggage when she was arrested at Shantou airport

Page 17: Malaysians against death penalty

79 Call for the Abolition of the Death Penalty in Malays79 Call for the Abolition of the Death Penalty in Malaysia

Joint Statement – 3/11/20123/11/2012

We, the undersigned 79 groups and organisations ….We call for the

abolition of the death penalty abolition of the death penalty in Malaysiain Malaysia, for an immediate moratorium on all executions pending abolition and for the commutation of the sentences of all persons currently on death row

Page 18: Malaysians against death penalty

Call for the Abolition of the Death Penalty in MalaysCall for the Abolition of the Death Penalty in Malaysia ALIRAN (Aliran Kesedaran Negara), Malaysia * Amnesty

International Malaysia * Catholic Lawyers Society, Malaysia * Civil Rights Committee KLSCAH (KL & Selangor Chinese Assembly Hall), Malaysia * Civil Society Committee of LLG Cultural Development Centre, Malaysia* Community Action Network (CAN), Malaysia * Jaringan Rakyat Tertindas (JERIT), Malaysia *Kesatuan Pekerja Pekerja Polyplastics Asia Pacific (KPPAP), Malaysia* Lawyers for Liberty, Malaysia * MADPET (Malaysians Against Death Penalty and Torture) * Malaysians for Beng Hock* Migrant CARE – Malaysia * NAMM (Network of Action for Migrants in Malaysia)* National League for Democracy (Liberated Area) Malaysia * Parti Rakyat Malaysia Parti Rakyat Malaysia (PRM)(PRM) * Persatuan Kesedaran Komuniti Selangor (EMPOWER) * Persatuan Masyarakat Selangor dan Wilayah Persekutuan (PERMAS), Malaysia * Persatuan Sahabat Wanita Selangor (PSWS), Malaysia * Pusat Komunikasi Masyarakat (Komas), Malaysia * Save Vui Kong Campaign, Malaysia * Saya Anak Bangsa Malaysia [SABM]* Seksualiti Merdeka, Malaysia * SUARAM, Malaysia* Tenaganita, Malaysia * WH4C (Workers Hub For Change) * Women's Aid Organisation (WAO) * Writers Alliance for Media Independence (WAMI), Malaysia * Women's Centre for Change, Malaysia *  Malaysian Physicians for Social Responsibility(MPSR) = 29 Malaysian Groups – including 1 = 29 Malaysian Groups – including 1 Trade Union, and 1 Political Party Trade Union, and 1 Political Party

Page 19: Malaysians against death penalty

Public Seminar on the Abolition of the Death Penalty in Malaysia (KL Convention Centre, 13 Oct 2011)

Page 20: Malaysians against death penalty

BFM Radio (13/10/2011) - Talking with Charles Hector and Nico Tuijn about the death penalty

Debate on the Abolition of the Death Penalty in Malaysia on 1/3/2012 KLumpur Convention Centre, EU and Human Rights Commission of Malaysia (“SUHAKAM”)

VDO documentary entitled “Death in Dilemma: The Final Curtain”, produced by the Bar Council with funding from the EU,  

Page 21: Malaysians against death penalty

24/2/2005 - MADPET:-Abolish The Death Penalty

3/11/2009 - MADPET:- MANDATORY DEATH PENALTY PROVISIONS IN LAW SHOULD BE REPEALED Unjust For Conned Drug Mules To Be Sentenced To Death for Drug Trafficking

23/10/2012 - MADPET welcomes move towards abolition of mandatory death penalty for drug offences

3/11/2012 - 79 Call for the 79 Call for the Abolition of the Death Abolition of the Death Penalty in MalaysPenalty in Malaysia

Page 22: Malaysians against death penalty