Lc death penalty in malaysia 2013

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Lc death penalty in malaysia 2013

  1. 1. • "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.•
  2. 2. 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 mans 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….”
  3. 3. ABOLISHDeath Penalty in Malaysia Lenten Campaign 2013 Archdiocese of Kuala Lumpur
  4. 4. 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.
  5. 5. 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.
  6. 6. 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
  7. 7. 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.
  8. 8. 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.
  9. 9. 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…
  10. 10. “No criminal justice system is perfect. You take aman’s life and years later, you find out that anotherperson 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 wouldabolish the death sentence because if a mistake ismade, it would be irreversible. There are other ways irreversibleof dealing with heinous crimes,”- Datuk K.C. Vohrah, Former Court of Appeal judge
  11. 11. • "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.•
  12. 12. • 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 Taiwans Ministry of Defence announced it will pay US$3.4m in compensation to Chiang Kuo-ching’s relatives.
  13. 13. 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….
  14. 14. 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)
  15. 15. 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."
  16. 16. 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
  17. 17. 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%)
  18. 18. Kill the killer? Justice for the Victim?Many family members of murder victimswant justice but they do not want the guiltyto be executed and have formed groupsadvocating for the repeal of the deathpenalty
  19. 19. 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 mans 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….”
  20. 20. Jesus : “Go and sin no more…”• Leviticus 20:10 "If a man commits adultery with another mans 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."
  21. 21. DEATH PENALTY IN MALAYSIA WHICH OFFENCES?
  22. 22. Mandatory Death Penalty- If foundguilty, Judges No Choice But DeathPenalty 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 … …….
  23. 23. Drug Trafficking (sec 39B Dangerous Drugs Act) –When the burden shifts from prosecutor to theaccusedLegal 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
  24. 24. Drug Trafficking (sec 39B DangerousDrugs Act) – When the burden shifts fromprosecutor 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
  25. 25. 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
  26. 26. 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 ….
  27. 27. Unlawful Possession of Firearms –the choice to KiLL or sent to PrisonCan 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
  28. 28. WHAT CHANGED THE PERCEPTION OFMALAYSIANS ABOUT DEATH PENALTY?-Campaigns, We started looking at the Human Persons that wewere hanging to death and in death row, We re-evaluated ourstance on the death penalty….-Muslims in Malaysia also realized that persons being executedwere done so not in accordance to Islamic law or Islamicstandards and burdens of proof. WHO HAS CALLED FOR THE ABOLITION OFTHE DEATH PENALTY?Many and now the Archdiocese of Kuala Lumpurthis Lenten Campaign
  29. 29. We started looking at thehuman 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
  30. 30. Changing Perception about deathpenalty “…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
  31. 31. WHAT CHANGED THE PERCEPTION OFMALAYSIANS ABOUT DEATH PENALTY?-Muslims in Malaysia also realized that persons being executedwere done so not in accordance to Islamic law or Islamicstandards and burdens of proof. WHO HAS CALLED FOR THE ABOLITION OFTHE DEATH PENALTY?Many and now the Archdiocese of Kuala Lumpurthis Lenten Campaign
  32. 32. 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…
  33. 33. 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
  34. 34. 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
  35. 35. Malaysian Bar, SUHAKAM and European Union Public Seminar on theAbolition of the Death Penalty in Malaysia (KL Convention Centre, 13Oct 2011)
  36. 36. 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.
  37. 37. 79 Call for the Abolition of the Death Penalty in Malaysia MalaysJoint 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
  38. 38. 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) * Womens Aid Organisation (WAO) * Writers Alliance for Media Independence (WAMI), Malaysia * Womens Centre for Change, Malaysia * Malaysian Physicians for Social Responsibility(MPSR) = 29 Malaysian Groups – including 1 Trade Union, and 1 Political Party
  39. 39. Malaysian Government actionsindicate that it is FOR abolition of thedeath 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)
  40. 40. 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
  41. 41. 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 Ministers 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.
  42. 42. ACTIONSPetitioning Prime Minister of MalaysiaAbolish 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…
  43. 43. 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.
  44. 44. 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

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