2. MADPET
Came into being in January 2005
MADPET Blog - http://madpet06.blogspot.com/
MADPET Yahoo Group
MADPET 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
3. 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 900/930 on death row.
4. 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
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 Thursday
[i]
(31/3/2011) in Parliament - Free Malaysia Today, 3/4/2011, Time to abolish death sentence.
6. Malaysian Death Penalty (1980 -2005)
Statistical Breakdown of 234 out of 358 Executed
[i] MALAYSIANS 184
Malays 48
Chinese 102
Indian 15
Others 19
FOREIGN NATIONALS 50
Thailand 7
Philippines 23
Singapore 4
Indonesia 2
Australia 1
Britain 1
Pakistan 1
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
7. Mandatory Death Sentence
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 …
…….
8. 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
9. 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
10. 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.
11. MALAYSIA
• 2010 –Malays about 50.4%, other Bumiputra about
11%,Chinese 23.7% and Indian 7.1% plus all the rest.
• Muslim 61.3 per cent; Buddhist 19.8 per cent; Christian
cent
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.
• Islam is state controlled – and dissenting views are not welcome.
• Political Risk to take an ‘anti-death penalty’ position
12. Uphill Task
Given the context, the struggle for the abolition of
the Death Penalty is an uphill task – many, even
strong human rights activists, would choose to
ABSTAIN/AVOID on the issue of Death Penalty.
Sadly some have even called for death penalty for new
offences – child rapist, etc
Targets of our Campaign:- People, CSOs, NGOs,
Trade Unions, Politicians, Government
Strategies:- Need to be creative ….and the means used
must be varied
13. The way forward…
In our struggle to abolish the death penalty –
we need to EXPAND to include others…
At the same time, we need to also expand our
concern and actions making the struggle for
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..)
14. 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…
15. 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
16. 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 Umi Azlim Mohamad Lazim, 24,
Commission of Malaysia (Suhakam) and the Royal a university science graduate
Police Commission. from a poor Malay family of rice
farmers, admitted to having 2.9
IN SUPPORT OF ABOLISHING THE kilograms in her luggage when
DEATH PENALTY AND APPEAL TO she was arrested at Shantou
airport
REFORM CRIMINAL LAWS – CCM
Youth 2/9/2010
17. 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
18. 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
19. Public Seminar on the Abolition of the Death Penalty in Malaysia (KL
Convention Centre, 13 Oct 2011)
20. 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,
21. 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
Abolition of the Death Penalty
in Malaysia
Malays