Lc death penalty in malaysia 2013

• "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.

•

Statement by Catholic Bishops of Texas on Capital Punishment
October 20, 1997
“…In our modern society, we have means of keeping an offender from
harming others. Although in previous times people of faith have employed
capital punishment, today we have the ability to realize better the
principles of mercy, forgiveness and unconditional love for alI people, as
evoked in the Hebrew Scriptures by the Prophet Ezekiel : "As I live, says the
Lord GOD, I swear I take no pleasure in the death of the wicked man, but
rather in the wicked man's conversion, that he may live. Turn, turn from
your evil ways!“…

…We believe that capital punishment contributes to a climate of violence in
our state. This cycle of violence can be diminished by life imprisonment
without parole, when necessary. The words of Ezekiel are a powerful
reminder that repentance not revenge, conversion not death are better
guides for public policy on the death penalty than the current policy of
violence for violence, death for death….”

ABOLISH
Death Penalty in
Malaysia
Lenten Campaign
2013
Archdiocese of Kuala Lumpur

Death penalty in Malaysia
441 hanged to death since 1960,
another 696 on death row as at 20/2/2011
Between 2000-2010, 9 persons were hanged
for murder
860 sentenced to death in Malaysia - on
death row (as of 28/2/2012)
Today, there are about 930 on death row.

Malaysian Death Penalty (1960 – March 2011)

Executed Death Row
Drug 228 [52%] 479 [69%]
Trafficking
Firearms 130 [29%] 13 [2%]
Murder 78 [18%] 204 [29%]
Others 5 [1%]
TOTAL 441 696

Home Minister Hishammuddin Hussein’s reply to Bukit Bendera MP Liew Chin Tong’s question last
[i]

Thursday (31/3/2011) in Parliament - Free Malaysia Today, 3/4/2011, Time to abolish death sentence.

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 really take another
human being’s life. (Murder – 78 or 18%)
life
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

An affront to the God-given dignity of human life…

The Catholic Faith teaches us that the Death
Sentence isis an affronttheto the God-given
What the Problem with Death Penalty?
dignity of human life. Even when a person is
found guilty of a heinous crime in the face of
convincing or overwhelming evidence, no
person, institution or State has the right to
terminate a human being’s life. As such, we
should be committed to perpetuating human
life, and should oppose any law that provides
for its termination.

Why Abolish the Death Penalty ?
• Apart from the State’s duty to protect human life,
the risk of sending an innocent person to death is
another reason why the death penalty needs to
be abolished. No human person, be it police,
prosecutors, witnesses, lawyers and even judges,
are infallible, and no legal system in the world is
error-free..
• There have been many examples of cases of
miscarriage of justice, where innocent persons
have been incarcerated in prison for many years,
or even sentenced to death.
The opportunity to right a wrong is, however,
not available since death is irreversible.

Factors that make wrongful
conviction a real possibility…
Tunnel vision by the police and prosecutors - they decide
prematurely on who is guilty, and go about getting evidence to prove this – ignoring(even hiding) evidence of
innocence or evidence that someone else may be guilty

 Prosecutors driven by s desire to win and not to ensure justice..
Judges’ prejudice – belief that police and prosecutors
Judges
are right & accused are ‘guilty’
 Judicial system – fulfilling quotas, denial of the full right to mount
a defence – ‘irrelevance’, excluding witnesses, etc..
Lack of capacity of accused to rebut presumptions and
prejudices
Lawyers (many do not conduct independent
investigations and only strive to rebut prosecution
witnesses) ….and the list goes on…

“No criminal justice system is perfect. You take a
man’s life and years later, you find out that another
person did the crime. What can you do?”
- Datuk Seri Nazri Abdul Aziz, Minister in the Prime Ministers Department

“The law is the law but I wish Parliament would
abolish the death sentence because if a mistake is
made, it would be irreversible. There are other ways
irreversible
of dealing with heinous crimes,”
- Datuk K.C. Vohrah, Former Court of Appeal judge

• In January 2011, Taiwan’s
Ministry of Justice admitted that
Chiang Kuo-ching, a private in
the Air Force, had been executed
in error in 1997 for a murder
committed 15 years previously.
previously
The authorities acknowledged
that his statement “confessing”
to the crime had been made as a
result of torture and that his
conviction had been rushed
through a military court. The
court had ignored his allegations
of torture and his pleas of
innocence. In September 2011, a
military court formally acquitted
Chiang Kuo-ching and a month
later Taiwan's Ministry of
Defence announced it will pay
US$3.4m in compensation to
Chiang Kuo-ching’s relatives.

DETERENCE
- this is one of the arguments made for
the Death Penalty.
- they argue that the fear of being
sentenced to death will result in
reduction of the particular crime.
BUT….

DETERENCE – a justification?
Certainly not in Malaysia
In March 2012, it was also revealed in Parliament by
Home Minister Hishammuddin Hussein that the
mandatory death penalty has been shown to have
failed to act as a deterrent. Police statistics for the
deterrent
arrests of drug dealers under Section 39B of the
Dangerous Drugs Act 1952, which carries the
mandatory death penalty, for the past three years
(2009 to 2011) have shown an increase. In 2009, there
were 2,955 arrested under this section. In 2010,
3,700 people were arrested, whilst in 2011, there
were 3,845 arrested.(Free Malaysia Today News, 19/3/2012, Death penalty not
deterring drug trade)

No Positive Support To The
Deterrent Hypothesis
• The United Nations itself noted in 1988, 1996, and
2002, "research has failed to provide scientific proof
that executions have a greater deterrent effect
than life imprisonment. Such proof is unlikely to be
forthcoming. The evidence as a whole gives no
positive support to the deterrent hypothesis."

Studies conducted throughout the world over the past
seventy years using various different methodological
approaches that have failed to find convincing evidence
that capital punishment is a more effective deterrent of
crime than long-term imprisonment.

Studies conducted in Australia show that abolition of the
death penalty had no effect on the homicide rate and in
Canada there in fact was a sharp decline in the homicide
rate after abolition;

In the United States over the past twenty years, states with
the death penalty in general have had a higher homicide
rate than states without the death penalty;

Death Penalty Not A Deterent

They say the victim and their
families demand justice…
• and as such they support the death penalty…
But do they?

• NOTE - Many of the death penalty offences
do not actually result in the taking of the life
of victims. 81 percent of the 441 persons hanged to
death in Malaysia since 1960 until March 2011 m did not
really take another human being’s life. (Murder – 78 or 18%)

Kill the killer? Justice for the Victim?
Many family members of murder victims
want justice but they do not want the guilty
to be executed and have formed groups
advocating for the repeal of the death
penalty

Jesus : “Go and sin no more…”
• Leviticus 20:10 "If a man commits adultery with
another man's wife--with the wife of his
neighbor--both the adulterer and the adulteress
must be put to death.“

• John 8:1-11
• a woman caught in adultery
• "Then neither do I condemn you," Jesus
declared. "Go now and leave your life of sin."

DEATH PENALTY IN MALAYSIA
WHICH OFFENCES?

Mandatory Death Penalty- If found
guilty, Judges No Choice But Death
Penalty only
 murder (sec. 302, Penal Code),
 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 …
 …….

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 such drug
and shall, until the contrary is proved, be deemed to
have known the nature of such drug; drug

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 proved, to be
trafficking in the said drug

Drug Trafficking – 228 Hanged,
479 on death row
since 1960, 52% or 228 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….now
even more

If you cannot prove they were not
your drugs…or that you are not a
trafficker…you die
When a person is charged with a crime, it is the
prosecution who have to prove all the elements of
the crime beyond reasonable doubt – BUT when
it comes to drug trafficking, this is not the case…
The accused now has to prove that he was not a
trafficker ….

Unlawful Possession of Firearms –
the choice to KiLL or sent to Prison
Can charge under 3 laws, i.e.
 section 8 Arms Act 1960 - imprisonment for a term not
exceeding seven years, or to a fine..or both
 section 8 of the Firearms (Increased Penalty) Act 1971
-imprisonment for a term which may extend to fourteen
years and with whipping
 section 57 of the Internal Security Act – mandatory death
penalty
Since 1960, 130 wer e executed for
ille gal possession of firear ms, and at
least 13 ar e on death row

WHAT CHANGED THE PERCEPTION OF
MALAYSIANS ABOUT DEATH PENALTY?
-Campaigns, We started looking at the Human Persons that we
were hanging to death and in death row, We re-evaluated our
stance on the death penalty….
-Muslims in Malaysia also realized that persons being executed
were done so not in accordance to Islamic law or Islamic
standards and burdens of proof.

WHO HAS CALLED FOR THE ABOLITION OF
THE DEATH PENALTY?
Many and now the Archdiocese of Kuala Lumpur
this Lenten Campaign

We started looking at the
human beings on death row
Malaysian Vignes (left
in photo) was hanged
in Changi Prison in
2003

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

Changing Perception about death
penalty
 “…Malaysian lasses are an easy lot to charm. They are easily smitten by
sweet words and gifts, making them an easy target for drug-trafficking
syndicates looking for mules…’ (Star, 1/11/2009, Malaysian girls easily duped)

1,565 Malaysians jailed abroad and 60% of the cases were drug mules… “Six in China have been sentenced to death. Since 2007, about 30 Malaysians
are in death row,”. - Star, 1/11/2009, Malaysian girls easily duped [Now
row
about 250] about 250]
 “…the low rates of effectiveness of law enforcement, the relative
immunity from the law of those who profit most from the trade in
drugs…all make it seem implausible that the death penalty in itself will
have a marginally stronger deterrent effect than long terms of
imprisonment...” – UN Report on the death penalty

WHAT CHANGED THE PERCEPTION OF
MALAYSIANS ABOUT DEATH PENALTY?
-Muslims in Malaysia also realized that persons being executed
were done so not in accordance to Islamic law or Islamic
standards and burdens of proof.

WHO HAS CALLED FOR THE ABOLITION OF
THE DEATH PENALTY?
Many and now the Archdiocese of Kuala Lumpur
this Lenten Campaign

MALAYSIAN BAR
2006 – Resolution for the Abolition of
Death Penalty
2012 – 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…

On 7/5/2006, an English local television program,
Hello on Two, which has an estimated audience of
about 80,000, conducted a phone-in poll, and the
result was that 64% of persons that
responded were for the
abolition of the death
penalty.
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 Government to review the relevance and
effectiveness of capital punishment and to join the
other 140 UN member states to completely abolish the
death penalty. - Media Statement by TAN SRI HASMY AGAM
Chairman ,The Human Rights Commission of Malaysia (SUHAKAM) 22
October 2012

Malaysian Bar, SUHAKAM and European Union Public Seminar on the
Abolition of the Death Penalty in Malaysia (KL Convention Centre, 13
Oct 2011)

Youth Wing of the Council of
Churches of Malaysia
IN SUPPORT OF ABOLISHING THE
DEATH PENALTY AND APPEAL TO
REFORM CRIMINAL LAWS – CCM Youth
2/9/2010

 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
life
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.

79 Call for the Abolition of the Death Penalty in Malaysia
Malays
Joint Statement – 3/11/2012

We, the undersigned 79 groups and organisations
abolition of the death
….We call for the
penalty in Malaysia, for an immediate
moratorium on all executions pending abolition
and for the commutation of the sentences of all
persons currently on death row

Call for the Abolition of the Death Penalty in Malaysia
Malays
 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 (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 Trade Union, and 1 Political Party

Malaysian Government actions
indicate that it is FOR abolition of the
death penalty
 The Malaysian government, by its actions has shown
that it is also against the death penalty – preferring
that it be commuted to life imprisonment, and it has
to be seen to be consistent in its stance also for
Malaysia – not just in situations of Malaysians facing
the death penalty in other countries

‘The Foreign Ministry sent a clemency appeal for
Malaysian Ong Kim Fatt who is on death row in China for
drug trafficking’, said its Deputy Minister Datuk Lee Chee
Leong. (Star, 24/4/2009, Govt asks that death row man be given life sentence instead)

Global Trend towards abolition
On 18 December 2007, the UN General Assembly endorsed a
2007
resolution calling for "a moratorium on executions" pending
abolition of the death penalty by an overwhelming majority:
104 votes in favour, 54 against and 29 abstentions. -
abstentions
RESOLUTION 62/149

On 18 December 2008, the second resolution 106 in favour,
2008 favour
46 voted against and 34 abstained.
22/12/2010, the 3rd resolution 108 in favour, with 41
2010 favour
against and 36 abstentions
20/12/2012 4th Resolution :- 111 in favor, 41 against, 34
favor
abstentions
Abolitionist in law or practice: 140 countries
Retentionist: 58 countries
Abolitionist in practice + Countries which retain the death penalty for ordinary crimes such as murder but can be
considered abolitionist in practice in that they have not executed anyone during the past 10 years and are believed
to have a policy or established practice of not carrying out executions

TIME TO ACT IS
NOW
“There must be a mass movement and strong
opposition from the people for us to abolish the
death penalty. “Otherwise, nothing will change,”
penalty
….“Personally, I am all for the abolition,” - Minister in the
Prime Minister's Department Datuk Seri Nazri Abdul Aziz [Star, 2/3/2012, Nazri:
Oppose strongly if you want death penalty abolished]

Time to tell our government to abolish the Death
Penalty… Sign the Petition…Campaign… ACT.

ACTIONS
Petitioning Prime Minister of Malaysia
Abolish Death Penalty in Malaysia - Petition by Archdiocesan Office for Human
Development

 SIGN YOUR SUPPORT TO LENT SIGNATURE CAMPAIGN 2013
www.change.org/petitions/abolish-death-penalty-in-malaysia
Print out Signature Campaign Forms and get all
parishioners and others to sign..
CAMPAIGN – We have a list of resource persons available
for talks/forums in English, Bahasa Malaysia and Chinese
….other actions…

Additional Resources
MADPET(Malaysians Against Death Penalty and
Torture) Blog - http://madpet06.blogspot.com/
Join the MADPET Yahoo Group
MADPET Facebook Page
http://www.facebook.com/groups/199106206769239/

 In the MADPET Blog, there are also Slide Shows, Radio Interviews and
Videos that could be downloaded and used.

Latest known hangings in Malaysia
 5/8/2006(Friday) Mohd Amin Mohd Razali, the Al-Ma’unah
movement leader who was sentenced to death for treason, had a
last meal with his wife and four children on Thursday night
before he was hanged yesterday morning.(Star, 5/8/2006)

 Last week, Zahid Muslim, Jemari Jusoh and Jamaludin Darus
were hanged at Sungai Buloh Prison, Selangor.(August 04, 2006,
Western Resistance)

 19/12/2008 - Hanafi Mat Hassan, the bus driver convicted in the murder and
rape of computer engineer Noor Suzaily Mukhtar was hanged at the Kajang
prison this morning. New Straits Times, 20/12/2008 - Noor Suzaily murder case: Long
eight-year wait for justice

Lc death penalty in malaysia 2013

Recommended

Recommended

More Related Content

What's hot

What's hot (20)

Lc death penalty in malaysia 2013